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JOURNAL AND MESSENGER.
CLISBY * JONES, Proprietors.
THE FAMILY JOURNAL—NEWS—POLITICOS- LITERATUR3I—AGRICULTURE—DOMESTIC NEWS, Ere.—PRICE $2.00 PER ANNUM.
GEORGIA TELEGRAPH BUILDING
ABLISHEM826.
MACON, FRIDAY, OCTOBER 2 9, 3880
VOLUME NO—LV
KOTEIBEB.
November brings no sectional war,
No hate, our prosperous days to mar,
No autocrat, no would-be King,
No subsidy, no swindling ring,
No stifling of the pnblic voice,
No plots against the people’s choice,
No fraudulent Returning Boards,
No rule of armed and lawless hordes,
No theft of honest freemen’s rotes,
No Fraud, with all the word denotes,
No insolent Elght-to-Seven job,
No games, the public purse to rob,
No cannon at the Congress aimed,
Nc grabs or steals, however named,
No centralizing despotism,
No deadly heresy and schism,
•No petty tyrants, loud and coarse,
No bayonets, no rule of force,
No haughty, domineering few,
No venal, base, and selfish crew,
No policy of false pretense,
No small official insolence,
No Indian wars, no Southern claims,
No mean and hypocriticaims,
No tangled path’ and crooked ways,
No Schurz, no Shennan and no HaYC3,
No bribes or Joans or fees to pay,
No trace of Credit Mobilier,
No pavement jobs, no salary steals,
No blocking of the nation's wheels,
No move in wrong directions farther,
No slippery Garfield, and no Arthur!
—N u> YorkSun.
A Tale of Camps and Courts.
Mr. Archibald Forbes, the distinguished
war correspondent of the London Neics,
delivered his first lecture at Checkering
Dali n the 13th of this month, and for
two hoars entertained his hearere with
bright sketchy descriptions of some of the
royal personages. Mr. Forbes was re
ceived with hearty applause as he came
upon the platform in evening dress with a
large portfolio in his hand. Spreading
his manuscript upon a reading-desk be
fore him he read it, trusting rather, and
trusting not in vain, to the subject-matter
than to the method of its presentation for
the gratification of his hearers. He was
frequently interrupted by applause, and
at the conclusion of his task was recalled
to the stage. He began his lecture by
Announcing that he bad been continuous
ly engaged in “the trade of war corres
pondence’’ for ten years, and by briefly
reviewing some of the dangers and hard
ships he had undergone for that length of
time. It was not, however, he explained,
his purpose to speak of his own achieve
ments.
He had come to talk of crowned heads,
and should begin at once. By a few fe
licitously turned sentences he set his
audience down in a little Belgian hotel.
It was the night after the battle of Sedan.
He was making the best supper possible
under the circumstances, when there en
tered with a heavy tread a solemn-visaged
bnt keen-eyed soldier, who sat down at a
neighboring table, and called for eggs,
bacon and a few sardines. This was
Prince Bismarck. Mr. Forbes was known to
him and was given a hint to be stirring ear
ly in the morning. “It was past 1 o’clock,”
said the lecturer, “when he drank his last
glass of champagne yvith us, but before
the chimes struck six that morning I saw
Prince Bismarck mounted and ready fora
journey. He was cool and bad the ap
pearance of a man whose rest had been
unbroken.
Upon a duAy road I saw advancing
from the direction in which Prince Bis
marck rode a carriage. The Prince drew
rein, dismounted, and approaching the
carriage, from the window of which pro
truded a leaden face—the face of a man in
suffering, entered and in company with
the man of the leaden face was driven to
the door of a weaver’s cottage that stood
by the roadside. At this humble place
Prince Bismarck and Napoleon HI alight
ed. I stood by a wall within sound of the
voice of Bismarck as from time to time in
his conversation with liis leaden-faced and
dejected companion it was raised above a
whisper. Bismarck's long fore-finger was
frequently raised and brought down forci
bly upon the palm of his left band. Mean
while upon the dusty road long lines of
Prussian troops were tramping past the
weaver’s cottage, asking of one another;
* Where is this Napoleon ? ’ ”
The conversation ended, and Bismarck
rode away. Napoleon, smoking cigarette
after cigarette, paced the walk in front of
the cottage. What food for thought? The
proudest man of his time cooling his heels
at a weaver’s cottage while a Prussian offi
cer gallops away to a Prussian King for
orders as to his disposal.
Giving bis hearers barely time to com
prehend in all its details the excellent and
graphic picture which he had drawn, Mr.
Forbes turned to another page of his won
derful note book. He reaccoinpanicd (he
Prince of Wales to India, and then went
again with young Alfonso from England
to Spain, ne had, he said, made the
acquaintance of Alfonso while the latter
was at school, and he had in a measure
been taken into the confidence of the con
spirators who plotted so faithfully for the
coronation of the lad in the hotel on
Brook street. He was on the train into
which the Carlists fired, and he had in
fact seen from beginning to end the estab
lishment upon the throne abdicated by
“ that unprincipled mountain of flesh,” as
he called Queen Isabella, of the boy-
King.
“The Shah of Persia,” continued Mr.
Forbes, taking another leaf from his note
hook, “was the shallowest and gaudiest
fraud ever imposed upon the people of
Europe. I know all about him, for I saw
him many times. I met him first at Brus
sels. He had not leen so well or so long
entertained at Berlin as he might have
been had he refrained from spitting on the
■dress of the Empress. He was a veiy rude
and a very unprepossessing, hook-nosed,
hawk-eyed Oriental. But we all loved
him! We raved about his dress and swore
that he was actually the possessor of a
diamond and of a ruby costume. Now,
the truth of the matter is, as I happen to
know, that hisgems were tapis and were
made In Paris a year before his arrival for
effect. You see, the Persian government
was a little impoverished, and looked
npoa a large loan from England or France
as something much to be desired.
The ohah was to dazzle us and give us
all the impression that money invested in
Persia was money invested in
diamonds and precious stones. To keep
up the deceit of the Shah’s enormous
wealth he was reported to hare lost
jewels worth fabulous sums from the
bows upon his horses’ tails. Poor Shah!
I saw him in a large cotton mill on ODe
occasion, where in his honor five hundred
young womeu employed in the mill sang
to him a song of welcome. He was
pleased—of course he was; he appreciated
it. He appreciated It so much that he
went to the proprietor of th« establish
ment and offered to buy all the female
slock on the premises. He usually
traveled free, hut a certain Italllan rail
road which objected to this seized upon
some of his jewels In payment of railroad
fare and found them to be shams.”
Mr. Forbes next related an interview
he once had with the Emperor of Russia.
He had, it appears, gained the good-will
of the Russian army by the truthfulness
of Iris reports of certain battles, and hav
ing on oue occasion accomplished the
journey between Sitka and Bucharest be
fore the Imperial couriers was invited in
to the presence of the Emperor that he
might give His Majesty the latest news
from the seat of war. The Emperor was
found in a dingy, cheerless apartment.
He was gaunt, wan and haggard, and his
voice was broken by nervousness and the
asthma, with which he suffered. “I was,” THE SUPREME COURT,
said Mr. Forbes, “left alone with him for —
a few minutes, and I saw lines of terrible ]>eclsloi» Rendered October 5. 18SO.
suffering in his fece, together With a look Abridged for the Telegraph and Messenger by
of constant dread, I do not call it fear. jiili <e Harris, Attorneys at Law, Macon,
His face seemed to say, ‘What an oppor- : Georgia. /
tunity for this man to kill me.’ When j 1. Where the residuary clause of a will
Plevna fell I accompanied him to St. Fe- provided that alter paying debts, etc., the
tersburg, and saw his triumphal entrance remainder of testator’i land should be di-
and exit from the cathedral, whither, ac- vided amoDg certain named legatees, title
cording to custom, he had gone to return remained In the executors fat the purpose
thanks for the success of his arms, and in of executing the will; and-If prescription
the midst of all the splendor of that began to run against the testator, it con-
scene, the picture of the dingy room in tinued to run against the' executois. Nor
Bucharest, and the nervous suffering man would it be affe.ted-by'fhe minority of
was before my eyes.” J one of the residuary legatees until some-
The lecturer next took his listeners into thing was done by wHibh thb title passed
South Africa and showed the field upon to her.
which the last Napoleon died, with i 2. After prescription began to run
glimpses of scenes in that unhappy young against a feme sole, her voluntary marri-
prince’s life. In conclusion he referred in age would not exempt her from the opa-
an interesting way to scenes in which the ration of the statute,
sons and daaghters of Queen Victoria had j 3. The married woman’s act of 1866, as
been actors, and of which he had been well as the constitution of 1808 and the
spectator. [ act of 1872, removed the disability of
The above fails to touch upon a tenth 1 — *- — —•"*
of the reminiscences, all of them interest
ing in character and charmingly related,
with which the note-book of Mr. Forbes,
as last night read, abounds.
Is the North Foie Afloat?
“ Several vessels came into port lately
with strange tales of the sea. Their cap
tains report mountains of ice off the banks
of Newfoundland, and vast fields of loose
ice, each piece large enough to sink a ship,
were sweeping down from the north.
They did not know what to make of the
unusual phenomenon. Some thought that
the Pole had broken loose, to spite the ex
plorers, who had gone in search of it with
steamships and balloons.
The bark Condor arrived at New York
from England, after a voyage of thirty-
four ary ~ during which time she encoun
tered a 'imbc of icebergs. At four
o’clock CCS cl'ernoon a fleet of glittering
hills a.> -a:«. 1 in the distance, and when
the l> .. tad approached within a
mile, ncr captain found them to he ice
bergs. Myriads of shafts and pinnacles
sparkled and flashed back the sun’s says,
and the whole was surrendered by a
blaze of light.
The dark-blue of (he sky formed a
beautiful background for the scene. The
crew of the Condor were spellponnd by
the sight, and watched the bergs until
they disappeared in the distance. Captain
Nybeig measured the height of the larg
est berg with a quadrant, and found it to
be over 150 feet.
The next day a sharp lookout was kept
up, and as night came on a heavy fog arose
which obscured the horizon, and when
morning dawned it was impossible to see
more than 200 yards ahead.
At three o’clock in the afternoon, all
hands were on deck, when they were star
tled by a cry from the man on the look
out:
“Ice right ahpad! Fall in ship!”
The crew and captain rushed to the ves
sel’s bow, and saw a great, dark wall
loom out of the fog. The color of the
berg was a dark green, and it was covered
with sharp cornere. The ship was head
ing straight for it. The sides of the ice
mountain descended straight into the sea,
and slanted outward as they rose in the
air.
The Condor answered the helm admira
bly; but as she turned a corner of the
berg, her mizzenmast crashed against the
ice. For a moment the crew saw the two
men on lookout dangling against the
jreen mass, and then fall on the deck be
low, where one the poor fellows broke his
leg. The next instant the entire main
rigging fell into the sea, and the ice
crushed in a portion of the port-bulwarks.
Then, as the Condor passed to windward,
the shrieking of the wind through the
peaks of the iceberg, and the groaning of
the mass as it split and cracked, sounded
to the terrified sailors like a wail from a
bottomless pit.
Captain Nyberg says the washing of the
waves against the base of the berg pro
duced a sound which he could only com
pare to the moanings heard in the hospital
after a great battle. He states that he
took temperature of the water four hours
before sighting the berg and found it to
be 38 degrees below zero, and after the ad
vent of the berg the cold increased to 61
degrees below zero. He believes that an
arm of icebergs is stretching across the
path of ocean steamers, directly off the
Newfoundland hanks.
See Your Own Country First.
Olive Logan, in a letter to the San
Francisco Call, says: What strange
things Americans do! On board the ship
was a New York gentleman, with his lit
tle wife and family—three young children
—one a baby in arms—who have been
itemized in all the leading European pa
pers as having made the earliest ascension
this year of the Rigbi and other Swiss
mountains. The idea of a nursing baby
being brought 4000 miles across sea
and land to ascend the Rigbi, is one that
never would have suggested itself to a pa
rent of any nationality but American,
I venture to assert. The baby
bore his honors with dignified grace, but
there were moments when I fancied his
meditative mode of sucking his thumb
showed full appreciation of" his own ex
ploits, and a disdain for other men of a
twelve month’s growth less enterprising
than himself. They say nothing in re
spect to eccentricity from either English
or Americans can surprise a Swiss inn
keeper. One of these worthies, whose
hotel at Lucerne is so run down with cus
tom that he can afford to brave the occa
sional anger of a guest, has got some
beautiful photographs of mountain scen
ery, which he is fond of showing to his
American patrons. No oue has ever
failed to admire them, and one and all
are anxious to know in what part of Switz
erland these magnificent peaks, are to be
found that they may proceed to visit them
without delay. They are far from here,
replies Boniface. Oh, that is no objection,
urge the hardy mountaineers. It cests a
;ood deal to get there, continues mine
tost. But dear me, money is no object
when mountain-seeking is in question.
Then, why on earth, queries the compa
triot of William Tell, didn’t you m to
them before you came to the Alps? They
are the White Mountains in your own
country, and if I were an American I
should be ashamed to say I had no ac
quaintance with them.
A Gain of Eight Pounds in Forty Ore
Days.
“About forty-five days ago,” writes a
gentleman from Mississippi, “I began the
Oxygen Treatment, and, as regards the
efiecis of it, with a grateful heart I can
say that it has proved wonderfully effica
cious, even surpassing my most sanguine
expectations. My lungs have been much
developed, breathing capacity increased,
and the cough, which was times hard and
laborious, lias also passed away. My
general health has much improved—feel
more life-like aud energetic,having gained
eight pounds in forty-jive days.” Our
Treatise on “Compound Oxygen,” which
tells about the remarkable remedy, is
sent free. Address Dies. Starkey &
Palen, I10S and 1111 Girard strelft, Phil
adelphia, Pa. It.
The A. S.T. Co.’s BlackTip, advertised
in another column, is worn on fine aud
costly shoes, as well as on the coarser
grades. Our readers in buying children’s
shoes should be sure that this tip is upon 1 issued thereon should not be quashed on
them. lw 1 demurrer.
married women as to bringing suit.
Carte administrator, vs. Monroe et al.
Claim, from Randolph.
1. Where to an action of ejectment an
equitable plea was filed setting up that
the deed relied on by the plaintiff was only
amortgage, and the jury so found, butalso
found a specific amount to bo due by the
defendant to the plaintifis, and that it be
a lien on the land, and a decree was en
tered accordingly, an execution for the
amount so found followed the decree.
2. Where such a fi. fa. was levied on
the land, and it was claimed under the
conveyance made pending the former liti
gation, the record of the suit was admis
sible to fix the date of the lien of the fi.
fa.
3. Where one made a conveyance of
land, and on ejectment being brought
thereon he pleaded that the conveyance
was only a mortgage, and pending litiga
tion made another conveyance; when the
first was held to be a mortgage it was a
lien from its date, and the junior deed was
subject to it.
James vs. Kisers & Co. Claim, from
Early.
Upon the call of a claim in which the
levy showed the defendant in fi. fa. to have
been in possession, if the claimant failed
to .assume ‘the burden of proof and
proceed, and the court directed the plain
tiff to assume the affirmative, the latter
wa3 entitled to open and conclude.
Jowers vs. Caker, Equity, from Ma
rion.
L. filed a bill for account and settle>
ment against B., who answered in the na
ture of a cro3s-bill, making a party. J.
answered in the nature of a cross-bill
against both B. and L. B, filed a plea of
bankruptcy, and the case was dismissep
as to him; it proceeded to trial between
J. andL. J. excepted to the dismissal as
to B.
Held, That both L. and B. were neces
sary parties to the bill of exceptions, and
for failure to serve L. the writ of error
will be dismissed.
Jones vs. The State. Murder, from Ran
dolph.
1. The judge in a criminal case stating
in regard to an immaterial point that
there was no conflict, when in fact there
was no dispute ou that point, will not
necessitate a new trial.
(a) While it may not have been best
for the court to state the law in regard to
the crime of murder in an interrogative
or augumeatative way, yet where it was
not so done as to injure the defendant, a
new trial will not be granted on that
ground.
2. Where the indictment charged two
modes in which the killing was done, if
the evidence showed that the defendant
was guilty, it made no difference whether
death resulted from one mode or the
other, or both.
3. The jury were no more judges of the
law and facts in a case of circumstantial
evidence than in other criminal cases.
McDowell vs. McKenzie. Complaint,
from Clay.
A merchant whose agent purchased
goods in New York on a credit—although
the credit was unauthorized—cannot re
fuse to pay, when he has received and
sold the goods, and pocketed the proceeds;
especially where he has paid other bills
made by the same agent.
Haney vs. The State. Keeping open
tippling house on Sunday, from Talbot.
The law requires tippling houses to be
closed on the Sabbath day; if the whole
house is used for tippling purposes it must
all be closed; if apart only is so used, that
part must be closed. Where a part of a
tippling house was used as a bed room,
and between that part and the saloon
there was an open way, unclosed by a
door or otherwise, keeping open a door for
ingress and egress to and from the part
used as a bed-room on tbe Sabbath day,
would amount to a violation of the
statute.
Amos vs. Dougherty et. al. Possessory
warrant, from Chattahoochee.
The remedy by possessory warrant is
applicable for the purpose of recovering
the possession of property, where such
possession has been lost by fraud, vio
lence, etc. Where the title is obtained by
fraud, and possession accompanies it by
consent of the owner, the writ does not
lie, ncr will tho tender back of what was
received in exchange authorize a posses
sory warrant.
Robinson et. al. vs. Alexander et. ux.
Ejectment, from Early.
1. Where a defendant files equitable
pleas setting up facts upon which the jury
are to pass, they may return a verdict
covering the facts, which will be sufficient
and legal, if it decides the issues in the
trial so tuat a decree may be moulded
thereon.
2. One party to a transaction in issue
being dead, the other is an incompetent
witness as to what passed between them.
3. Nor can such a witness testify as to
what was reported to her by other parties
as coming from the deceased.
4. A party having an absolute deed as
security for a debt may recover in an eject
ment; nor can the maker of the deed de
feat a recovery by merely setting up a par
tial payment of the debt. An equitable
plea for that purpose should go further,
and tender the balance, or allege some
good reason why it shontil be inequitable
for him to be ejected, with a properprayer
for relief.
Jones, ordinary, vs. Collier. Hlegality,
from Early.
While sitting at chambers for county
purposes, an ordinary rendered a juag-
tnent finding that the county treasurer had
abandoned his office and removed from
the county. He therefore declared the
office vacant, and appointed a person to
temporarily fill the vacancy. On the next
day be rendered a judgment which recited
that he had appointed persons to examine
the accounts and vouchers, that they had
found and reported a deficit of $3,669.15,
which he failed to pay over on demand;
that properly authenticated orders had
been presented to him, and payment re
fused. The ordinary, therefore, rendered
judgment against him and the sureties on
liis official bond.
Held, That the ordinary had legal power
to render such a judgment, and the fi. fa.
Bush vs. The State. Burglary, from
Muscogee.
This court will not interfere with the
discretion of the court below ini refusing a
continuance on the ground that a brother
of the movant had gone to AlaUana,
and was an important witness, where no
effort to secure his testimony or to find his
whereabouts appears.
2 1 . On a trial for burglary, the reason
able doubt which would acquit the pi is-
oner is whether or not he is guilty of that
offerwe, and not whether he is guilty of
larc -j from the house. A charge to the
latter effect was properly refused.
2 Where it was shown that a witness
upon a former trial had since committed
a homicide, had been advised to go off,
had not been heard of in several yean,,
and that his wife andsisters either die I
not know where he was, or would not
communicate his whereabouts if they did,
that he was inaccessible was reasonably
established, and secondary evidence as to
what his testimony was on the iu st trial
was admissible,
2 Where there are several lessors in
ejectment, deeds from the one to the
other are admissible in evidence, whether
void or voidable, to show privity between
them, and to establish the right of the
plaintiff to use their names.
(a ) Under art. ixi, sect, viii, par. 1 of
constitution of 1S77, a deed conveying a
a homestead which had been set apart
under tbe constitution of 1868, and the
acts passed thereunder is not void.
(b) When tho consideration of a deed
conveying a homestead set apart under
that constitution was to secure a debt
which was superior to the homestead, the
title passed.
(c) Though a deed tendered in evidence
by the plaintiff in ejectment conveyed no
title, it should'be admitted subject to have
its legal effect construed by the court.
Code, §2,712.
3. Where a recovery in ejectment is had
upon a deed containing several demises,
the verdict will be upheld though but one
of the demises be good.
4. Where ejectment was brought in the
year 1874 on the demises of the beneficia
ries of a homestead and of the purchasers
therefrom, and was pending at the date of
the act of 1870, even though the convey
ance of the homestead was void, the title
remained in the beneficiaries and a recov
ery could be had on their demise.
5. Where one of the heiis of an estate
having a one-third undivided interest in
certain lands, executed a mortgage there
on in the year 1877, and foreclosure was
had, a sale thereunder only conveyed such
one-third undivided intercst.and made the
purchaser a tenant in common with the
other heirs, though subsequently to the
date of mortgage, and before the sale, a
division waS had by agreement, and a
specific portion of tbe iahd was set apart
to the mortgagor, and a homestead laid off
to him and his family therein.
Cherry vs. the North and South Rail
road company. Complaint, from Harris.
1. Suit must be brought on a contrac
tor’s lien within twelve months from the
date of its record. The mere filing a de
claration in ‘office, unless followed by
proper service upon the defendant Is not
the commencement of suit.
2. Though the railroad may have been
seized by the Governor under an act of
the Legislature prescribing such course
in case of its failure to meet the interest
due on its bonds indorsed by the State,
this did not abrogate its obligations to
others, aud the taUure to sue on such
lien within twelve months from its record,
notwithstanding such seizure, destroyed
its vitality.
McLendon vs. Turner. Injunction, from
Macon.
1. Where a perpetual injunction against
the enforcement of an execution was prop
er on final decree, a temporary restraining
order pending the litigation to protect
property levied ou was not improper.
2. Property acquired by the bankrupt
since his adjudication, is not subject to a
judgment rendered before, even though it
may never have been proved in the bank
rupt court. .
Dixon vs. Lawson, et al. Claim, from
Macon.
The setting apart of a homestead under
the constitution and act of 1868, even
though subsequently confirmed in the
bankrupt court, does nut protect property
from a judgment rendered prior both to
the adoption of the constitution of 1868
providing for such homestead and the pas
sage of the bankrupt law of the United
States.
Einstein, Eckman & Co. vs. Butler.
Ejectment, from Eaily.
Where in an action of ejectment based
on title conveyed by a deed given to se
cure a debt by notes, the defendant sought
to show usury iu the notes by parol, the
admission of evidence showing the consid
eration of the note3 and deed was proper,'
and did not violate the rule that a writ
ten contract could not be varied or con
tradicted by parol.
Miller vs. Hensley. Certiorari, from
Muscogee.
Where upon a suit in a justice couit
judgment was rendered for $31.06, and an
appeal entered to a jury in the same
court which was dismissed on the trial of
the same, tho appellant was precluded
from the remedy by certiorari to the orig
inal judgment, even though applied for
within three months after its rendition.
Perry vs. Christie. Rule, from Terrell.
Where in response to a rule for failure
to make the money ou an execution, the
sheriff showed that an illegality had been
filed setting up numerous grounds, aud
amongst them that the execution did not
follow the judgment, which he felt it his
duty to accept, and asking time to procure
tbe papers which had been returned to
the Superior Couit of the county fi’om
which the execution issued:
Held, that the discretion of the court iu
overruling a demurrer to the answer, no
traverse having been filed, will not be
controlled, if not appearing that the sher
iff was in contempt, hut, ou the contrary,
that ho was endeavoring to discharge his
duty.
Clover Fed Tebbatik.—Iu one of
the fish ponds of the Smithsonian Insti
tute at Washington, some twenty varie
ties of terrapin have been kept for purely
scientific purposes. It was the custom to
feed them on such interloping fish as dis
turbed the fish cultural economy of other
preserves. A low gold fish, a hybrid
trout, a carp of impure' race, would fcc
thrown to the terrapins. Sometimes these
fisli were eaten, but mostly were haughti
ly disdained. One day this spring a gar
dener, who had been cutting the blooming
clover, filled his barrow with the fra
grant load, and trundled it over a
dank. He made a misstep, and dumped
a is clover into the terrapin pond.
In an instant the water was in a
commotion. Every terrapin, no matter
whether from Long Island Sound or the
Golf of Mexico, was seen busy devouring
the clover. Like Elia’s roast pig, the se
cret of feeding terrapins was discovered.
Learned and grave Smithsonian professors
chuckled over it. During tbe past sum
mer the daily allowance for the Smithso
nian terrapins has been a barrowload of
sweet clover. We may expect, then, to
see quite shortly in our markets an an
nouncement: “Clover-fed terrapins for
sale.” This winter, as your true gour
mand gobbles his stew, ho wilt wonder
whether clover was made for bees, cows
or terrapins. _
WINTER.
Writlenfor the Telegraph and Messenger.
The sumac and the golden-rod
Make glorious the hill,
* While down the glen’s dark shade
We hear the plover’s trill.
These are the heralds of winter
That turn the green leaf sear,
But bring the glorious harvest time
To glad the waning year.
We welcome these postillions,
Though they herald winter’s blast:
This cannot chill the words of love
Breathed in the summer past.
The wind will blow,
The snow will chill,
- But this will still live on,
As a full heart’s overflow of love,
That burst its bonds in the sntnmer
morn,
No wind can shake,
No cold can chill.
Tho memory of this love
Is wrought in letters of crystal light
In that other life above.
Then welcome our old frost king,
With joy and banners gay;
He only hides with a snowy veil
What he cannot take away.
The snow is a warm white coverlet
For the sweet flowers in the night,
When old King Frost would gather
them in,
Leaving us to foe 1 the blight.
When gentle Spring comes back again,
And softly lifts the veil,
The violet’s sweet blue eye looks up
*To the dew-gemmed snowdrop pale.
■ And so each time and season
All things run for the best:
The Spring and Autumn of life in
turn,
And after these comes rest.
StABBRIOIIT.
"HUSH!”
Jewell Sends a Colony to Florida—So
Is Canzht at Ills Tricks by Tele-
grams That Accidentally Fell Into
Bunnm’a Bands.
A special to the Philadelphia Times says
tho Democratic National Committee has
issued the following:
To the Public: When this campaign
opened the National Democratic Commit
tee contracted with the American Union
and Western Union Telegraph Companies
for special rates for their business, and ar
ranged with said campanies that all tele
grams sent or received by the committee
should be returned at tho end of each
week to the cashier of the committee,
as vouchers for the bliss ren
dered. Telegrams so scut or received
by our committee have been returned
under this agreement weekly, and paid
for according to ths contract. On
Wednesday morning, October 20, the
Western Union Telegraph Company re
turned to the committee vouchers as usual
for the second week in October. Upon
their being examined by our cashier to
verify the amount, tho following tele
grams were found in the package so sent
us as vouchers, evidently being a mistake
on the part of the official having the same
in charge at the office of the Western Un
ion Telegraph Company. The telegrams
are written upon the Western Union
blanks, and are as follows:
Rusn, October 21,1880.
To JJon. Charles J. Noyes, careJ. Jcnk-
kins, Jr., Jacksonville, Fla.-, I telegraphed
yesterday. I will provide, as requested,
two hundred each for Callender and
yourself as compensation: (17 paid.)
(Signature) Marshall Jewell.
Rusn, October 12,1880.
F. IK. Wicker, Collector, Key 1 Vest,
Fla.: “City of Dallas” took 150; “City
of Texas,” 100; “Colorado,” 100 lor Key
West. Men on dock instructed to say
nothing about it. (26 paid.)
(Signature) Marshall Jewell.
The numbers “150” and “100” in this
last telegram mean so many men. These
telegrams, or rather the one addressed to
F. W. Wicker, United States Collector at
the Port of Key West, Fla., tells its own
story. The sun had not gone down in the
State of Indiana, where one of the great
est frauds ever perpetrated on a free gov
ernment and a free ballot were about to
be consummated,when the chairman of the
National Republican Committee and an
official of the United States Government
were preparing to repeat in the State of
Florida the infamy then about to be con
summated in Indiana. The committee
were advised previous to the re
ceipt bf these telegrams that
the State of Florida was about to
be overrun by the repeaters of our large
cities. The telegrams of Mr. Jewell only
confirm what the committee well knew to
be the fact. The above telegrams are in
the possession of the committee. They
are written in copying ink, Lave been
copied in a letter press book and bear the
telegraph receiver’s cheeks and marks,
and this committee defies any one to as
sert that they are not genuine. The tele
grams are now being lithographed and
will be given to tho public in a day or
two. Wsi. H. Barnusi,
Chairman National Democratic Com.
New York, Oct. 21, I860.
An Isothermal Region at the South.
On Wednesday last, Hon. Edward At
kinson delivered an address of great
power and interest in the Senate chamber
of the capitol at Atlanta, before an appre
ciative and highly intelligent audience.
He spoke in favor of holding a grand cot
ton exhibition in that city next year, and
dwelt with much force upon the value of
our great staple, the increase of manufac
tures anil improvement in cotton machin
ery of evry kind of late years, the condi
tion of our field labor, the rearing of
stock, the proper utilizing of cotton seed,
and upon other kindred topics relating to
agriculture. We extract from this unique
address, which occupies six columns of
the Constitution, wliat was said of the
isothermal region which touches this
State on its northeastern bolder:
There are among tho Appalachian
mountains, from Virginia to Georgia in
clusive, belts of land, thermal they might
be called, where frost does not appear,
but the transition is flora fall to freezing
weather, without that iutermediate state
where the frost destroy fruits, cotton and
tobacco. One of th- most notorious of
these tracts is near Tryon mountain, com
ing down from Asheville to Spartanburg.
It is some 2,000 feet above the level of
tlm sen, and perhaps 30x15 miles. I saw
a planter who was growing cotton there.
Fruits have, of course, a great advantage
in such a region The cause is said to be
due to the fact that the parallel ridees of
mountains retain the stratum of air which
being healed during the day ascends to a
height where its equilibrium is main
tained, aud this relation, due to special
configuration, keeps off the frosts in the
fall, hot, of course, not freezing weather,
which stretches everywhere when the sun
is on the tropic of cancer. With regard
to storms, sea breezes, and the deflection
of winds by the Appalachian mountains,
it may he observed that hurricanes—
the designation of thoee terrible
tropical meteors—do not reach
these mountains because such storms,
and all widely extended ones, are
the product of heat and moisture. They
are born iu the Antilles, are rotary in
character and buried in the prevailing
winds-j-fellow their course as ths circular
eddies do when an obstacle is placed in
Stream. Their path is where heat and
great moisture exists, otherwise their force
is diminished and they are' dissipated.
Those that strike our Atlantic coasts and
follow the gnlf stream are fed by the
moisture and heat of (hat stream, and
their greatest violence is on the ocean and
its shore line. I was in the inountains of
North Carolina when the great cyclone of
1879 passed up the coast destroying so
much property at Beaufort, Wilmington,
Long Branch, etc. It was only a gale in
the mountains. Other meteors steer
straight across the Gulf of Mexico, but
their force is expended in that inland sea
and along its shores, Havana, Key West.
Galveston, Mobile. When the storm
passes inland it expends its violence, im
mediately decreases and the whole valley
of the Mississippi and the Appalachian
mountains receive tbeirneedful rain.
The first observation one makes in these
mountains is that no violent storms can
exist there such as characterizes the White
Mountains, because, except on the very
highest peaks, lofty and regular trees and
cultivation reach their summits. They
do not deflect these storms, they emascu
late them by depriving them of moisture
and the vortex of the meteor, where the
greatest force is exerted—must seek a wa
ter way for its course. The prevailing
winds bring great storms across our coun
try from the Pacific, but they lose their
moisture in crossing the mounsains, and
would be dissipated if it were not for the
great chain of lakes, the moisture from
which rekindles their fury and they ex
hibit It in all the citic3 near their path in
their way to the Atlantic, where they fre
quently meet a cyclone coming up the
gulf stream, and the friction of the two
are those terrible storms which one meets
between here and England.
Salt and Cotton Worms.
A Marshall correspondent of the Gal
veston News writes as follows:
“I propose to relate, for the benefit of
your readers, the result of an experiment
made a few years ago by a planter in Ma
rlin county, Texas, to protect his cotton
from the ravages of the worm. The facts
were related, in my presence, by a gentle
man who had witnessed tbe result, aud
may be relied upon as being correct.
The planter making the experiments took
up the idea that salt—common salt—
would do the work, and to test this mat
ter, when he had ridged up his cotton rows
iu the spring, preparatory to planting, he
took salt in about the same quantity as if
it was small £rain, and sowed it over the
tops of three or four rows, down the mid
dle of the field. In due time the cotton
seed wore planted and grew as usual.
During the month of September following
tho worms made their appearance in great
numbers and literally destroyed the field,
save and except the plants grown upon
these particular ridges. Not only were
these plants uninjured, but the growth
was much more luxuriant and the yield
of cotton was abundant and very fine,
“Now, as to how the salt acted in thus
protecting the plant we are unable to
state. The fact remains all the same,
however, and leaves no doubt in my mind
that to the salt, as applied, is due the re
sult, as stated. Wo know that salt in
proper quantities judiciously applied, is a
good fertilizer, and inthisway are enabled
to account for the superior growth of this
cotton. Now, as to the modus operandl
of the salt in protecting theplant, my idea
it is this: The ground on which the salt
was sown became impregnated with
it. The sap taken up by the plant was
drawn from this saline earth, and, as a
matter of course, was to a greater or less
extent impregnated with the salt, which,
to the delicate taste of the worms, was not
palatable, and they, as a consequence, re
fused to eat it. Be this as it may, the fact
remains as stated, and is submitted to
your readers, in the hope that at the prop
er time others may test the merits of the
plan, which is both simple and inexpen
sive."
Franks in Indiana.
The Indianapolis correspondent of the
Courier-Journal, in reviewing the politi
cal situation, says:
To begin with, there is now no longer
a doubt that Indiana wa3 carried by the
Republicans last Tuesday week by the
commission of the most unblushing and
outrageous frauds ever practiced upon a
freo people. A million dollars, in brand
splinter new United States legal-tender
treasury notes, fresh from the press, were
sent into this State in sheets, and openly
used on the day of election in the pur
chase of votes for Albert G. Porter. There
is not a township in Indiana where tl-is
money was not sent to corrupt the people.
Again: In Delaware, Henry, Randolph,
Wayne, Marion, Warren, Hamilton, Lake,
Howard, Wabash, Steuben and Parke
counties open and notorious frauds were
committed. The ballot-boxes were stuffed
and gangs of repeaters got in their dirty
work at nearly every potliug precinct.
The people of Indiana never elected
Porter Governor. He was elected Gov
ernor by ignorant black scoundrels from
the South and villainous repeaters from
tho East.
Had an honest vote been polled in In
diana, one week ago last Tuesday, Lan
ders would have been elected Gorernor
by 10,000 majority.
As high as fifty dollars was paid for sin
gle voters in Indiana for Porter.
In Fort Wayne Democratic workers
were even paid one hundred dollar new
bills for their treacheiy.
In the first district, German counties,
ten thousand new two and a half dollar
gold pieces were put in circulation SJ
Bill Heilman and the Republican dis
bursing committees.
The State was debauched by money
from Lake to Randolph, and from Posey
to Steuben.
California All Right Ex Con
gressman McCorkle, of California, savs
the Democrats are thoroughly organized
in that State and will carry it; that the
Republicans will not, “dare not,” intro
duce tho tariff issue, because men of all
parties there are free traders—for free
trade and Jreo ships; that the Chinese
question is the principal issue, and on
this the Democrats are making their fight.
He has been in Nevada, too, and ex
presses liiinself as very much encouraged
with the Democratic prospects there. He
says Mr. Fair is making a determined
fight, aud will carry the State and the
Legislature; that the fact that Sharon has
not a residence in Nevada is hurling him
badly. The Chinese question, he says, is
being worked by the Democrats in Ne
vada and Oregon, as well as in Cali
fornia.
“American workingmen must be pro
tected from the competition of foreign la
bor.” So say the high-tariff people. The
practical operation of the protective sys
tem seems, however, to be very far from
securing the end proposed. It keeps for
eign goods out of the country to some ex
tent, bnt'it brings in foreign laborers at
the rate of something like half a million
a year to engage iu a hand-to-hand con
test for work with the native citizens of
the United States.—Phi’.a. Recorder.
“’Tis true, ’tis pity, and pity ’tis, ’tis
true,” that too many sensible people re
gard Coughs aud Colds so indifferently.
Dr. Bull’s Cough Syrup cures Coughs and
Colds and is.only 25 cents a bottle.
GOV. JEVBLL EXPLAINS.
ate Denies Having tat aw Colonists
Ex-Gov. Marshall Jewell, chairman of
tiie Republican National.Committee, was
interviewed yesterday in regard to tbe dis
patch bearing his signature, and published
in the Sun supplement to-day, in regard
to tbe departure of several huudred men
from New York to Florida. Mr. Jewell
admits that he did send a dispatch toF. W.
Wicker, collector of the port at Key West,
notifying him that three steamers had left
New York with an aggregate of 350 men
on board; but the ex-Governor claims
that the message was meant to notify him
that a “colony” of Democrats, and not
Republicans, might be expected to land
in Florida. To support this statement,
Mr. Jewell furnished a copy of the follow
ing dispatch, said to have been sent to Mr.
Wicker, October 8; “Mallory’s steamer of
last week had two or three hundred work
men for some railroad. Looks to us as
though they were sent to Key West to
vote - .”,
It is also explained that tbe “two hun
dred” iu tho dispatch to the Hon. Mr.
Noyes meant $200 to be sent to pay the
expenses of the'two campaign speakers.
Dr. Norvln Green, president of' the
Western Union Telegraph Company, yes
terday addressed a letter to Hon. Wm. C.
Bamum, chairman of the Democratic Na
tional Committee, in which he says: “If,
as it appears from the address, the*alleged
telegrams came into your hands in the
package of messages returned to your com
mittee as the vouchers of its account with
this company, and are found to have ho
relation to said account, it is apparent
that the same came into your possession
by mistake, and should bo forthwith re
turned to us. And we must protest against
the publishing by your committee, with
out our sanction, of any papers, wheth
er telegrams or supposed telegrams,
which may be a part of. the files of this
company. And in this behalf we further
request that the proposed lithographing
and public distribution of copies of such
alleged telegrams as mentioned in the
address be forthwith abandoned, and that
copies, if any, whether lithographed or
otherwise, already taken thereof, be either
destroyed or surrendered to this com
pany.”
The Late Wm. Swan Flnmer, D. D.,
LL.D.
The decease of this eminent clergyman,
who was so well known in the communi
ty and throughout the South, has elicited
the following editorial in the Charleston
News and Courier:
“A telegram from Baltimore brings the
sad, but not unexpected, intelligence of
the death of the venerable Dr. Plainer,
from tbe effects of an operation to relieve
a painful malady, from which he had
long been suffering. Dr. Plainer was
one of the most distinguished clergymen
of the Presbyterian Church South, and
was esteemed and beloved for his high
personal qualities as he was admired for
liis eloquence a3 a preacher and his abili
ty a3 a theologian. He was bora in Bed
ford county, Pa., in 1802, and was conse
quently 7S years of age at the time of his
death. His early ministerial life was
passed in Richmond, Va., where he suc
ceeded the Rev. John H. Rice in the pas
torate of an important church, and where
he wielded a powerful influence. Whilst
there he established the Watchman of the
South, which in time was merged in what
is now the Central Presbyterian. Sub
sequently he was pastor of a leading
church In Baltimore. Then he became
a professor of the Western Theological
Seminary at Alleghany, Pa., and wa3 for
a time pastor there. He next served as
pastor of a church in Pottsville, Pa., when
lie was called in 1867 to a chair in the
Theological Seminary in Columbia, South
Carolina. This position he retained until
last year, when he was created Emeritus
Professor, and shortly afterwards ac
cepted a call to the church in Baltimore
of which ho remained the pastor until his
death.
During his professorship at Columbia,
Dr. Pluiner often preached in Charleston,
where he made many warm personal
friends, aud where lus ministrations were
always attended by large and attentive
congregations.
Printers and Great Hen.
A little knot of printers, just arrived in
Titusville, were indulging in some per
sonal reminiscences, and an epitome
of the conversation will give the public
an insight into the cosmopolitan life of the
craft, and show how they often hobnob
with greatness.
Said Slug One: “I tell you, Sam
Bowles was a good one. Nothing small
about Sam. One day I struck Springfield,
busted flat as a flat-iron aud bolted right
for the Republican office. Sam was writ
ing an editorial on the Kansas Border
Law, or some of those old heavy subjects,
but he dropped everything and made it
comfortable for me. Gave me an order on
restaurant for something, and gave me
the ad. frames that night.
“Did you ever strike Greeley when you
wanted a favor? Greeley wa3 always
busy grinding out that horrible ‘copy’of
his, but he rarely allowed his work to in-
terferfere with ins social duties. I was
present once, however, when he throw a
printer down stairs, hut I never blamed
the old fellow much. The trouble grew
out of some insinuation 1 had made about
the Niagara meeting.”
Slug Three said he struck Louisville
once in George D. Prentice’s time, and
the visit was always a bright "spot in his
memory. “ I wanted to see the old man
and went rbht to his private office. He
asked me if I needed anything, and I
told him I didn’t. Had two full weeks’
work in my pocket, and I told him
I wanted him to come out and
take something with me. I remember it
like it was yesterday. He was writing a
poem on the death of a child—none 6f
your Philadelpliia Ledger poetry, but the
real thing. George jabbed his pen into
liis desk and said, sort of melancholy
like; *1 don’t often take anything, but
when I do, I have noticed it is usually
about this time of day.’ He stayed right
with me all the afternoon. Never, had
such a circus in all my life. The police
knew George, or both of us might have
been jugged. Quote poetry ? Why, he
could hang on the edge of a bar like a
ground squirrel and quote the Greek and
Latin poets till your head would swim.”
Slug Four was in Boston when Dickens
read there, and enjoyed the extreme felic
ity of a night off with the great novelist.
Dickens came into tho ofliciT one night to
look over the report of his lecture, and
raake some corrections and additions in
the proof. “I couldn’t read his writing
very well,” said the printer, “and brought
the proof out and asked him what so and
so was. He told me, and then tipped
ine a wink and askrd me to correct
the galley and put on a ‘ sub,’ and come
and see him at hu botch When I got
through and went around to the Tremont
House it was about one o’clock iu the
morning, but I’m darned if Dickens
wasn’t waiting for me. Well, I needn’t
tell you any more than to say, simply,
that before we parted company 'ne wanted
me to call him Charlie.”
And so the interesting personal reminis
cences went on. Oue printe-, a French
man, had set up a sonnet fr om Victor Hu
go’s manuscript. He captured the “copy”
and had it at his boarding house now, if
any one cared to step around and see it.
4"°^ had set up a “take” of a famous
double-leaded editorial on the abolition
' a 7 e 7» written by the elder Bennett,
and ejected into it, surreptitiously ami
®'if ed “ es l*forethought, a quotation
from “Mary’s Little Lamb,” chewed up
the copy and managed the whole thing so
adroitly that it gotinto the paper and went
through all the edit ions.-Tttugtiftg World.
Section of Supreme Court Judges—
CdL Fielder’s Address.
_ Cuthbkbt, Ga., October 25,18S0.
To the Members-clect of the General As
sembly:
There will be four elections—one for
'iP x X P lre< ^ form of Judge Warner as
Chief Justice to January 1, 1881, now
held by Judge Jackson; then an election
for tbe ensuing term of six years, to which
length al] the terms were reduced by the
constitution of 1877; the term of Judge
Bleckley, by the requirements of that con
stitution, will expire January 1,1885, now
held ad interim by Judge Crawford, to be
filled when you meet.
The term ot Judge Jackson, made va
cant when he was made Chief Justice in
the place of Judge Warner, now held by
Judge Hawkins, will expire January 1st.
loiw, and is to bo filled by an election. *
I was au applicant to Governor Colquitt
for the appointment, and on seeing Judge
Hawkins’ published assurance not to be a
candidate or hold office under any circum
stances beyond the meeting of the Legis
lature, and that lie was appointed with
that understanding, I became a candidate
tor that office.
I seek this office through you, from the
State of my ancestry and nativity, whose
true interest and welfare, as understood
by me, I have sought every opportun ity
m my manhood life to promote and ad
vance. I ask it atthe hands of the Dem
ocratic party of the State, to which aud to
whose chosen leaders and candidates I
have from my boyhood rendered every
honorable service in my power. I espe
cially desire it at the hands of a chosen
profession which, under all circumstances,
I have tried to elevate and honor. I
seek it for the abiding love of the
best system known to me of civil
and criminal jurisprudence, after thirty-
one years of practice and research, and for
the mental labor it will afford me in the
effort to comprehend all suits that shall
come before the rourt; and to ascertain
the law, facts and justice of each, and
transmit those to be decided by me to
the reports in clear, comprehensive, un
incumbered, but conveniently abbreviated
form.
For tne public convenience and econo
my, in view of the rapid increase of the
books of reports, a large quantity of the
matter of which consists in repetition, I
should be glad if the State would provide
for the consolidation of cases, and colla
tion of principles already established in
condensed reports, aud discontinue the
writing and publication of cases and
opinions, except such as coutam new mat
ter or present new and unsettled question?.
Respectfully your fellow citizen and
obedient servant,
Herbert Fielder.
"Homicide North and South.”
Editors Telegraph and Messenger-.—
Such is the title of a recent book by Dr.
H. V. Redfield, and though we must look
with suspicion upon anything pertaining
to the South bearing Dr. Redfield’s name,
the people of the South cannot but consid
er such a publication as this is.
The book purports tc give the compara
tive statistics of homicide North and
South. The result is that life is far less
secure and far less valued in the South
ern States than in the Northern and Wes
tern.
The States taken for comparison are the
New England States, New York, Penn
sylvania, Ohio, Indiana, Illinois, Michi
gan and Iowa, for the North, and Ken
tucky, South Carolina, and Texas for the
South. The estimates are mostly mado
upon returns of the year 1878.
According to the figures, the rate of
homicide in the three named southern
States is higher than in any civilized
country in the world. In Texas, in 1878,
with a population of about 1,000,000,
there were more murders and manslaught
ers than in ten Northern States having a
population sixteen times as great.
The population of South Carolina is
only half that of Massachusetts; but in
1S77 and 1S7S there were 251 murders in
South Carolina to 40 in Massachusetts. In
Kentucky in the year 1878 there were 251
homicides, with a total casualty list under
thi3 head of 436; while in Louisville
alone there were 133 arrests for cutting
with intent to Kill. On the other hand,
in Minnesota the number of homicides is
16 annually, and in Michigan 40.
Now, these are startling statistics, and
might well give ns pause. If they be true
they should give us food for thought, and
stimulate us to put an end to this great
discrepancy. If they be false we should
prove them so, and thus avert a great
slander, and an infinite wrong done to the
South. We think, granting that these fig
ures are correct, (and nothing will lie like
figures, except facts) that tbe States chosen
for comparison are unfair representatives
oftheSonthas wellatf of the North.
Notoriously Texas is more unsettled and
less law abiding than any other Southern
State, and should be compared with Cali
fornia or Montana.
South Carolina, with her large and ex
cessive negro population, with tbe con
flicts that have arisen between the races,
may also be an unfair representative.
Tho large negro element in all the
Southern States should also be taken into
account, since life amoDg them is held
cheap and their passions are mostly un
controlled. But making allowances for
these modifying circumstances, is it not a
fact that human life is held too cheap in
tho South?—that the frequent homicides
on our streets acd the failure to bring the
guilty to punishment has cast a stain up
on our civilization ?
We know that we are not barbarians nor
artists in murder, having never reduced
it to one of the fine arts, as did Mr. Wil
liams in De Quinccy’s imaginative essay.
But as long as these charges go out to the
world against us, whether true or false,
they will do ns infinite harm.
We have recently had a great deal of
handshaking, but when our late visitors
from tire North read such books as Dr.
Redfield’s, they will congratulate them
selves that they got back safe without be
ing murdered, and think that we fed them
only to kill them afterwards, as the boa
constrictor first licks its victims, but for
some reason allowed them to escape. Lev
some one arise and prove these figures
false, in whole or part, and if not false,
show the causes of the great discrepancy;
and if not false, but true and preventable,
let us hang down our heads in shame, not •„
charging lie North witli slandering us,
blit go to work and make a radical change
in the matter. Clekiccs.
Macon, Ga., Nov. 1,1879.
Dr. C. J. Moffett—Dear Sir: We
have been handling Teethina for several
years, and the demand increases as the
article becomes introduced and is known.
Our sales average from two to three gross
per month. We believe that your Teeth-
ina (Teething Powders) will eventually
become a standard and indispensable ar
ticle, for in no single instance hat it failed
to give satisfaction. No complaint has
ever been made to us, hence we conclude
that it does all you claim for it. Merit is
bc-tnd to succeed.
Lavas, Rankin $ Lamar,
Prugg&f,