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— — •7” ■mpnHRTniHprjn THE MACON WEEKLY TELEGRAPHS TUESDAY, OCTOBER 20,1895. (Co itinrcd fy»m fomth page.) atei and I waited when I quoted him to Ins corrected if I wan wrong, but be did not correct a single statement. “4tli. I assert that iny only motive in malting the ftpeoeh and opposing tin* bill was that this Senate might 1h- pat in poascMdon of the limit of tin* issue i lilldfen, against th<* passage of tlie objectionable bill nought to be forced ujion them by Mr. King over their objections and protestations, evidenced by letter* and petith * “ “ “ * " ‘ ‘ beard these 1“ — — bia presence. "Mb. 1 also pronounce the chargea aud attack made by Mr. King against mo in the House to is* false, which is evident, as he did not undertake specific ally to state, establish, or even point out any utter ance or language which he claimed to bu false or inulicioiis that the House might know* what it was and I have an opportunity *»f denying or proving “f»th. I now reaffirm overy sentence,word,■jllable, letter and sentiment made in that speech referred to by Mr. King, which referred to him Personally, and declare them to be literally true, and challenge him to specifically point out what he claims of it lie falre, and I will satisfy any impartial mind traduccr if official aud private character aud falsi fier of truth. •‘I ask the pardon of the Henate and regret the necessity which forced me to trespass on their time to defend myself against the unjust charges to which 1 have called the uttctition of the Senate.” Mr. (‘abauiss said be could not recall anything said by the Senator from the Twenty-fifth ealcit- tlie discussion. Mitchell. Northern Traylor, Ham her aud Hoyle agreed with Senator Cabuniss. A message was received from the Governor to consider in executive session. Mr. Falligant moved to reconsider action on bill 070. which was lost this morning. Carried. A message was received from the House, Mr. Falligant offered a resolution thanking tin* President and President pro Urn for their kindness and courtesy. Carried. Mr. Falligant moved to extend the session until all business was disposed of. On motion of Mr. Sykes tlie Senate took a recess subject to a call of the chair. An amusing incident occurred in the Senate to day. Senators Falligant and Bristow wen* being en tertained in the gallery by several of the fair i HOUSE. The House mas called to order by the Kjicaket and opened with prayer by the cliajdain. KECoNsIDE RATION. .pool rooms. On motion of Mr. Lotley, the motion to reconsider v CONCURRED US. Henate amendments to the following bills concurred in: lm*or]iora!ing the Anniston and Chattanooga Railroad Company. STATE MIN A TIC ASVI.CM. The unfinished business of yesterday, being tlie Mr. Harrell, of Webster, offered an amendment relative to pay jiotients, which, under the call for the jirevious question, was cut off. Mr. Bond, chairmau of the committee, sustained the bill in a strong, terse and pointed tqs-ceh. - - - -—.— Is a typici He is Col. thilly, colonel of the First Georgia regi ment. cotniMised entirely of Kavatitmli companies. Col. Iteilly deserves much credit from the military of the Htate fur Ills energetic wort to jiass the bill reorganizing the militia of Georgia. It took labor, Tlie handsomest man in tlie House is Sir. Tnfe, of Pickens. Ho is over six feet tail, w ith raven black hair and eyes. Ho is about thirty-three years old. He wears no beard aud dresses in full black, with Prince Albert coat. He Is chairman of the railroad committee, but 1'U bet a big ajipie he never will lie again, if he returns here a dozen times. His actiou < friends, and lost him Kjicakor, in the front aisle, Troup, who lias imt an * a sound legislator and an excellent lawyer. Ib is a man whose words command the respect that many men’s oaths do. ills throat is very weak. When he speaks it Is in low his side sits the jirevious question member, Mr. Wheeler, of Walker. He is loved by everybody. Patient, quiet and unobtrusive. he listens carefully to all debates, and the moment lie thinks the dis cussion is going wide of the main issue, he calls the jirevious question, and hence his soubriquet. I,ong previous question. <»ue of tin* most unobtrusive members is Mr. Luinjikin, of Dade county. It is not my forte to |>rai»e men,and I equally dis- her who is u best l "to t Lumpkin." i! of tho fairest to,” lie would doubtless rej v to make uj> liis opinion . , . . he w ill not yield an inch for jiolicy. Ho is not one parti- ’ if-opinionated," but always to •lowing gray hair, ami olive complexion, tun* of a cavalier, and surely no cavalier was ever worthier of hi* rejiuUtiou for chivalry, bravery,ami withal a tenderness akin to woman’s heart, than Col. Lamar. I do Hot believe that Col. Lamar has ever made a jiersotial request of the House which was not promptly gi anted. As Hjicuker pro Ms. lie has been ctficieiit and cour toons. As chairman pro trm. of the committee on rules, I assert positively tint ho discharged his du ties more promptly than lias any other chairman of any committee. By this I do not desire to reflect jiainuan; but 1 say in justic asked tlie Doctor f**r his ticket. It proved to be aponaibllltjr to its emi>l»ye, because it afterward IIam., J.—1. A party who lias once had a home- fraud defendant, after they were signed, without kis only a half ticket, aud iho Doctor declined to pay hired the convicts to another company which us- stood ami exemption w hich was terminated by the consent, tho Jury r.bould find for him. — money on U. Notwithstanding the r.*ct aumed the responsibility of guarding them, etc., | death of his wife and tlie arrival atage of the daugh- '■**”* *• —**—“— u * that Doctor Griggs ottered t*» telegraph tlie ticket said emjdoye continuing hia service without notice ter for whose benefit it was set apart, cau by agent here and if he euted that be did not sell him j of aueh change. I iug the lo ad of u family by a second marriage bate a whole ticket, to pay the balance—tlie conductor i (<») It can make no difference that the agent who another homestead act apart tor tho benefit of that ejected him from train. Doctor Griggs then sued j did the liiriug afterward became tho agent of tin* family. 57 Ga. 3H. tlie West Poiut railroad for damages. Yesterday other company. Judgment affirmed. j *2. Where tln.-hoinoatctd Is applied for pendlug the jj ‘ ’* ' W. M. Sessions, for jilaiutiff; F. A. A It. C. Irwin, levy of an execution on the property sought to he ' ” 1 |xempteii and sale thereunder, and heard tlie evidence in the c uiuruing Mr. Hoke Hniitb opened the argument f< r i W. I*. MeCUtehcy the plaintiff. Dnrlug the progress of the ease to- J day I loclor Griggs got a telegram stating that there j Ledford vs. the Htate. Biot, from White. Jlef. is sickness in his family and was comjs.dled to leave Judge F.stes. Criminal law. Juror. Prosecut mirt-room. An effort was made to show by the j ltelatioushiji. Evidence. Alibi nid.ii ■ that Doctor (iriggs was drinking when { Jack | jjjgjj j tlu* homestead right, and grunted the juirchaser at sheriff's Juror was third cousin j to eject tho appli* ejected from the train, but it did not succeed. Mr, of the prosecutor he Hiiiith. in ojM-uiug his argument, stated that In* j being unknown to the acctiaedbefore he could take )dallied himself iijmiii tlie ruling of tlte Hupretuc advantage of It after verdict. ' f Georgia that the contract was perfect when *2. The rule i* not changed though the juror ■ no good reason why t issue, to eon- I eraUou. The 1'1 a jaisseuger paid the ticket contract was not disjnited. The Court has held that tlie ticket received was simply a token that this con tract had boon made. Full tare, which entitled Doctor Griggs to a whole ticket, bad been jmid. The I a **l <a) Whether tlie alteration w as material must bo determined from the evidence. Tho altera tion did not affect the defendant* in any way: their obligation was to j>av the notes to White or order, ami the alteration merely jmt tin. title in White, who might regain po*- White bad sold as the agent of L'ooper k Go. ami defendants knew tilts; they hud nude tin notes jiayable to White, and they wrote negotiable notes. Wlicti the defendants pay the notes they can look to Coots-r k Go. for any failure of consid- _-ion. The jdaiiititTs rights an* tlie same as If no slteratiou had taken (dace. M Ga. 379. s ignorant of tlio relationship until suits. Judgment „ , L , *2. The evidence fails to show satisfactorily that. plicant. and prevent multijdicity and circuity of if the alteration lie material, it was made with iu- a defendant to sin a alibi to the satisfaction <-f the Jury, and on that | Rosstgnoll tunable doubts would not avail him, y s for plaintiff; II. Hutton c tent to defraud defendants, and the court should have charged that if it was not made with intent to defraud, and it apiteared what the original contract it was still capable of * s going to i i* time. lie lias tod good word of Mr. Dennis, of Putnam, but he has deprived me of that opportunity by just coming to my desk and saying: "Why don't you put something in your jsijier alsmt tlie grout demand the Telkiikai-u is in. 1 am getting tired of Passed by yea* W, t n*H WARDEN*. Tlie bill autliorizing the commissioner of agricul ture to atijHunt fish wardeus was takei tlon of Mr. Turner, of Troup. Messrs. Boyd. Everett aud Turner, of Troup, fa vored. am! Mr. Robbe oppoeed the bill. Passed by yeas 99. nays lllt.t.s PASSED. IncnrjK.rating the Cincinnati, Georgia and Florida ill granting retail liquor licenses. Yeas 93, nays .V.. Amending the act incorj-orating tho Georgia South eau and Florida railroad. Yeas «*». nays l. Begulaijh'-t tlie loaning of requisitions for fugi tives froiu justice. Yeas 95, nays 5. ltequiriiig persons appointed administrator* who haven't given bond, to do so. Yeas 05. Chsluring the time of luddiug the fall termsof the Superb r Court* of Echols and Golquitt counties. Yeas 91. HILLS M'MM VttlLY SI.AIN. Mr" Brandt moved to indefinitely postpone the bilL wild advocated it. Mr. Uackett favored the bill and opposed tin- mo tion to jNistjinne. The House adjourned •»***• die to-day at 1:1 o'clock. As early as H::m» o'clock Col. R. J. Wilson, of A' gusta.tbe jsilite. efficient and handsomedoorkeejs* was at bis poft, where lie has bee* ' whit subdued by the arduous labor of tin- long session. They v i tin- right of the Hjienk- by imagining that it had Is-en slothful, and yet tin the hour hand pointed "to 9. He lias worked hard during tht ses sion; indeed I think be ha* Wu in his seat more constantly than was necessary or wise far his health However, he has borne it well, but I fear not without penalty, He suffers front dysjiepsta. and his unceasing labor has a that t * without was in his seat with his hand to his ear bill favoritig the sale of liquor might in his knowledge and opposition. Mr. llarrison. .->f Quitman, with his long, flowing Titian red Is-ard and hair and portly and stately form, was ruiried hi* desk right in fnout of time and , ... KjH-aler. Judge Harrell, of Decatur, tin* member who goes around armed with tlie* constitution loaded desk and saying ,'T.... not being aide to read my jiajier. From the moment It come* it Is borrowed, and goes the round* until I lose sight of it: and I have either to buy one or go without it.” 1 like Mr. Dennis for tliaL and ho is very nice fellow, but I can not say so, now, for fear I should bo siistiected of giving a </»«'</ pro #/uo. s good-bye, Mr. Dennis, to your getting due pmis Mr. Hawke*, of Sumter, then on behalf of the House* presented Speaker Little with a handsome tea service. Mr. Hawes said: ••Mr. Speaker: Many and many a time have yon beard that fmuiUnr term of ymtr office «* it rang out calling your attention to bear tin* petition of soi.u meiuls-r seeking your recognition as presiding offi cer of th la House. 1 now use it in affectionate es teem. sir. Good-by is a sad word. It is sad in boy hood when care is of tlie future slid J*»y a present reality. For mature men good-bye is the breaking of a chain of association whose links may never Is* joined again. ••When this House assembled last November, the question of who should preside over the body was one of jirirne necessity, with one accord the choice fell upon you. as ts*i«g eminently aud sjvecially i't for the trust. "Today the memliers feel their choice was di rected by wisdom and their confidence merited by faithful service. "In behalf of the memliers of this finnan, I pre sent to yon this service of silverware as a token of their esteem aud confidence.” Speaker Little said lie would be insensible human feelings v grateful for this cvl- of kindness on tho part of the House towards b in. "1 have received from no member of till* II uise at any time anything but kindness. I accept ed the speakership distrustful of my own merits. I want to say at this close that I prefer to have a reputation for performing duties with fairness ami ami iuqmrtiality than to have a reputa tion for having discharged them with ability. 1 am conscious tbit I may have blundered, but 1 uni also conscious that 1 have at no time made a willful difference between mrmlwrs'or nnasnre* In my ruling*. No House i» Georgia, lias, in iny opinioi yonr favor, and 1 will transmit it to those of iny blood as the highest honor that could baw been be stowed ujmiii their father.’’ THESENT VO 11 SI*K*VEll PRO TV.M. Mr. Mcls tidon then jircacntcd Col. I.. -M. Lamar I rise to discharge a most agreeable ditty, for the lierfortnanee of which I am commissioned by those for whom I now sjH-ak. *T1h» summer's flower is to the summer sweet, though to Itself it only live ami die.' Our friemlshijM arvihe stimiiierfl .wers that spring npond brighten our jMlhway and *he<l their perfume to swsrten the assm'latiotis of Kle. As the hour draws near when wcitnust take leave of each other, we feel lliat tin* frietidshijm Imrti during our seasiott now closing will grew stronger as the days, month* and years lajisi-, in fsift measuns rhyming eacii with each. "As a slight token of the friendship and esteem in which this Mouse holds its honorable H|w*ak«T pro trot., ami as nti expression of its thanks for bis courtesy and efficiency, in the-name of’tbis House it is im plcasuncto present to the Hon. L. M. Isuuar ■nnm ,m. .. n «.*■• ,.*ng and sotial ami official intercourse to little purpose if y have not teamed of me that no man values more gratefully than f do friendly ajiprecfaffon and the esteem of Worthy .men. Next to the approval of conscience, which arises from an honest bischarge » eagerly as ever the I Missage of every bill. Mr. Ib-roer really deserves he praise of never voting without knowing what the bill is that is being passed. « lean-cut McLen don, with his youthful face and iron gray curly hair and sedate manner ami auuost sa>l face, oc. upi.-d most logical members. Just i popular. From a lalmn-r on the railroad lw* has risen to have a lucrative praatice in Dougherty county, and to be recognized a* one of the ablest E wing members of tile Georgia l'em-oil Assembly. is absolute integrity of character bus won him n • sjiect sn.lhi- genial nature has drawn around him many friends. Now, I Jqst hear the xjAcv of one of the strongest and most practical men m Georgia. It is the voioe of Gaj.tain Gordon, of Navatiuah. Old Ghtthani has tio reason to cntuj.lain of her rejwesentatton. Gor* don is eminently level-headed. I can't think he ever dreams. There is nothing visionary alsmt him. I am anre* if bo ever thinks alsait what ktml of a place heaven Is. he vesta it with only material ele gance. Not that lie Is sordid, far la a prjni-ely gentleman. I ha* oppose hint jiereonally, but to be as generous to an ojqsnicnt as chivalrous to an cuemy. Much of the legis lation of this session has been shap«*d by Gordon: and that, too, in a quiet way. |ft* col league, young Mr. Hartridge, who is the humorist of the Hons**, and one of the best in the Hontb. is walking up and now, looking weary. A funny man "Your testimonial of csteim* ami att* huiciit touches me deeply. • ’It will lie * priz' d souvenir of the most pi xisant ..... .... ... , ..... ....j my warm ranicm- liratioe ami my most lioartf<*lt (iraw-rs for your wel fare, itit<-usifi»l by this graceful demousrratkou of your kindness.” CANES vou nooRKKUt-KH AMU HAl.I.KEKt'Ka. Mr. Boyd, of I.utii|ikin. in a beam if ill trihut- to ilonel R. J. Wilson for his service as doorkeeper. j*re**ent»d him. oxi behalf of the Hulls-, a handsome go|d-h* a>led cane. Colonel It. J. Wilson returned thanks for the pres ent in brief, wellsfiiosen wonls. Mr. Bmt. of Hall, on lwdialf of the House, then pn*scnt«*d Mr. NuiKti, the flficient kre|>er of tls i* ami Us committee nsiajs, a gold l» -ad* d cane. Mr. Bovd. of Lumpkin, oik red a resolution ex- temling thanks of tie- House to the Njwakeraml His-aker )<rn tm. and clerks f*»r their effW lent dis charge of their duties. Tho resolution a as adopted by a unanimous vote. THE !.AI>Y CI.K.tK* ItVMt'.KRKUED. CoL klark 11 ted in. ehi**f > lerk. jtr»-**-nte«l bit four lady cl«rks with a liamlnoim* basket of fruit and candy. Tho Colonel got Mr. Galvin, of Richmond, to make the presentation sjioerb. Tim choice of Mr. Galvin was very fitting, because it was on -Mr. Galvin's motion that ladle* wen* first employed in Urn service of clerks III the Assembly. He took tlie jsHdtioti which trial has proven that the eajuibtlitk** of wotm-tt an* limited only by their op portunities. Mr. Galvin's speech in presenting the candy and fntit was iu Ids usual quiet, graceful, easy, self-po**esred man ner. He was only Just tn his jiraises of theengniss- ing work done by the ladies. Miss Martin n*sj>omled to Mr. Calvin in a modest, diffident manner. It is known that in engrossing hills the ladles work I* neater and more accurate than was dona by men in former sessions. _ ^ Although Gomlm-tor Hmlsoti may have in-rfornu-d liis duty in ejecting a pasM-ngor not li>>ltltiiK whole ticket, still the road was hound by its contract ami should Is- made to give damages. Judge Bigby ami Mr. Dorsey a;»- jican-d for the road. The case will jirobuldy Im* given to the jury this afternoon. prohibition meeting ln-re to-night, held Bethel Chttri'li, colored, on Wheat street. I speakers, white ami black, addressed the Mayor Hillyer made a long spoi lt lest the other side should sugar their liar, ami utiy man who voted anti-jir liiliitioii was a fool. Hniall, it should )m- refuel! bored, has recently become a chtiaUau and w speaking in front of a jnilpit. the jioiico and tin; coffin bttvi ness. Ho said that if lie had tiim* ho would come here later and help to drive liquor out. If he could not come, he would send somclMMly to stmujv in his jilaee. Ho read a letter from a tuaii who expressed keen sorrow at ha*dug oA**r votml against prohibition, The arguments of tile sjs*akers were on the usual line, and everylmdy com-luded that the liquor traf fic was condemned, but«* *' liber Tho Gt'orgiii Al ill 1st ml ltooms Again. Atlanta. October I V—Gajuain McHenry. Mr. W. A. Broughton, of 5Iailison, ami a iiuiiiImt of othei- iiUcHicn interested in tho building of tlie Georgia the failure of the rjiilmad bill, ami iu sjdti coin mission if tin* section between Madison and Griffin will subscribe JMO.OOU to tho stock of the *. the section of it between tlie pointr. named resjiomleiit. stated *-mptintically that the «uie humtn-d thotisnmf dollars will Is* subs«-ribed. and the road built. There is bat little lhekitigto make nji the amount of subscriyitioii required ami lie bail no doubt .bat it would Is* sjieedily made uji. It is jileasant to meet such aiXivo, jiublic-spirited o/iiaoris a* Mr. Brough ton *xtid Gajitsisi Mc Henry, whom 1 fell in with to-day, ami the Htate cannot biavo too tuuiir of thmu. They are thoroughly alive to the welfare of their town and section, ami ls-Meve in it to tie- extent of tt**ir time, energy and immey. They have stnn-k tin keynote of success and they are not aj« to fail. SUI'HKMK COUKTOF GEORGIA. ■Decisions licnileri'il TiWlilay, (k«olier IK, lKfffi. Hjs-oial ItejNirt by®enry C. Pev.vdcs. Marietta ami Nortli Georgia Hailrond<'ouipaiiy «s. ''oinjilaint, from Cobh. Judgiumt jM-sl. from Cherokee. Judgment affirmed. Fayette Ledford vs. the Htat* Judgineiit reversed. Pbillijis et al vs. Dean* et al. Itkti, from White, Clai»., front Gr-bb. White. Writ of error disiniwl. Mary 11. Kenning vs. Bariow froiii Lumpkin. Judgment affirmed, t al. T t-ifrpass. u-stead (laim. II. Hhfjip vs. It. M. Smith from Walton. Judgment affirmed. M. It. Tlmma* vs. James J'oekius, a Imin- istrator, and vice versa. Equity, from Falmo. -Illdginent affirmed ill both eases. J. W. Ciibaniss vs. W. I>. Hill ordinary. Mun- tlnnitiH, from lfa>M'twhani. Jttdgzzu'Ut utllrtw d. Jas. IIimmI vs. t'has. J. l’erry *t. al. GlaltE, from Mhtoii. Judgtn-'tit ntfiriued. W.J. t'hrisUKi. et al.. ex.viu'i rs vs. MWtbrook, et si. Knility, #1*0111 t’berokee. Altiiu K. ffziliday. adnifnir rutor, vs. David J- Augliti. Con-jdaint, from JocJson. Jndziiietit af. Mif.ain, et ai Assincp- . trom GobE. Judgment reversed. It. E. M. Kails vs. L. B. Crawford. Eifuity, from :k*t: Bimm et al. vs state. List Ga. «M: *V.» Ga. 11*2; Bryant v*. State, s* term, Jsst; fa: Ga- 457. Judgment reversed Wier Boyd, J. J. Kinisey. for jilaintlff; M’. i solicitor-general, by F. L. Haralson, G. H Description. Mistake. E*|uity. New trial. Jackson. C. J.—1. Where it appeared that Itatnin comity wu* originally laid off from territory ac quired from the Cherokee Indians (Laws of isp.i, j,. and added to Rabun, being part of tho thirteenth district of originally Habersham (Acts of Isom, p. M), a levy hy a coiistslilc on "lot 110 of originally' Huh- t-rsham now Jtabiin county," is not void, Jt is i-i-r- taiu, meaning lot 110 of this cut off territory of the thirteenth district of originally !lulK*ndiaiii. *2. Tin- sheriff', after the execution ami levy were turned over to him by the constable, make tlie iuis- take iu ids advertisement ami deed of juittiiig iu the words, the fifth district of lUhun. •h sab* Mug the jilaiutiff iu the with Ids grantees having been for years after the sale in possession w ithin the know ledge of said de- •rtaiu'a biUflU-d r his repre 'oujud. sales, ‘.I'.'ii, *2H Ark. It. p. arj. 4. M'herc movant was allowed till tin* first Tues day of tin* next term after his trial t*» file his brief of"*evidence, blit tlie judge who tried the e.i-e not being present tile motion wu* continued, ami was heard at tlie next term, the brief being tln n up. proved, the motion's former trial was projierly heard on its merits. Judgment affirmed. Gram* \ Jones. G. H. Button for jdaintiff, Barrow A Erwin, W. L. Morter coutr.i. authorities of Haliersliam county for work, etc., for a new jail, under a contract dated October :in, Ism I. under wliii-h eontnu-t jiaymeiit was to 1h* maile in enmity orders whieh were given by the ordinary, payable nut of the new jnil fund, and if not paid, sain order* were to hear interest at s per cent., seems to us to bo clearly a new debt in the sense of Uio constitution of 1m77, code 5101, fit that fund uiqmirs to be exhausted The jiureliRscr of the order*, if he bought before due. could only enforce hi* claim against such sjieeiai fund: if he bought the claim on account it* well ns tlie oniers, he could only enforce such claim subject to the equities between the original parties error to refuse a mandamus to the account. It was tkvn-fi atmntutc to compel levy of a tax to the holder of such ordzrs, the said fund having boon exhausted, and no Jr.dgim-nt having been obtained against the comity. Judgment affirmed. Hugh V. Washington for plaintiff; H. H. West, Louis Dori*. contra. Fhilllpu et nl. vs. Dean et ul. Glaina. from Cobh Itefore Judge Brovn. Bill of Sab. Mortgage, tirowing Groji. Levy. Execution. 1'osseseiou. JaiX.son, (', J.—l. if. here there was sold or mort gaged "five bales of white Hut cotton, each ImiIc weigJiitig five huiiiir *( jsitind* of the first jnckiugs of th.* cotton crop row planted anil ill a growing condition,” etc., rv.. it was not Mu growing crop whU h was sold, bt/i that part of tl which tun d ami tunieil Hire ami w here no js>rti< dived t/> jMissen* to n ertoin vreght; y tin- bale* Of b ctetoti had vetsJi e or mortgwjuc, growing crop Faiiiiiu. Judgment affirmed. a cut affirmed. -I. H. D»kNutt, ordinary, . D. Hil), ordinary, A DAYS KVKNTS IN ATLANTA. An Interestlnff I^*gnl C'aa®—A I tig i’rolilbl- tion Meeting, Ktr, Atlanta, October 15. . a gaging the attention . morning. About a year ago young Doctor Griggs of West Point, Ga., formerly corresjamdent of the Ma con TeleoraI'H at that jsiint. bought from Mr. Aleck Stewart, then tlck*t-aovnt at that point, a tioket front Atlanta to Went Point. He paid him . . $2.60, the full price of a whole fare ticket. M'hm j iu e Tor through It* ag -nt the train reached East Poiut Conductor Hudson I guarding convicts, was not fn m Gwinnett.. Judgment affirmed. nw-r vs. tin .State ami county. HiepiJity, from White, liefr re Judge Estes Practice. Tax execu tions. Parti* s. Jackson. C. J —1. Where alt/lavit of. illegality was int* rjiosed to ati execution .fc r Htate .aud county tax* s,. the bill kf exceptions sated out Izv tin- affi- ilatit should have ls-eti served on the solicitor-geu- *r»L 2. ‘When a cue proceed* indite name.of ii Htat**or ounty, and thr%Statc ami ooim*y are the sole par ties L> the ca*e U low-, tlu-y most Is- M-rvedamI they H. Underwood, L Wllltan “ ■ Erwin solicitor-ga'ieral, by M', F. Fimll< y * traordinary uiotieu. Jackmis, G. J.—I There are *n ex traordinary ground* in this nioti >n for new tried. It should liave lss-n made at the. term wb**ti tb«- cos* was tried, or an order had giving time to make it during vacation. Fn such order mm* had. .or up- plied tor. Therefore a simple allegation that movant did m>t have t me to make his motion dur ing term, will not conaHtute an extraordinary mo- Apjs-al fri-tu W. p. Price onitra. Dirm ll vs. Barton et al t'berokee.lirfon* Judge Brown, Wills' Vniistme- U/'Ii. HenixirJders. Jackson, G, J,—I. l ? nA*r the folbiwing Is-queat: •*.UJ tuy property, Isith re.vl and jM-rsnual, «>f what kind it may be/* • • - “ * •oiirt w trial on tls-1 videne* adduced l>> <>tn,iiu rdie.t, it will .-villi stroM* r n-asoti do when* there tunc been two vi nll t* the same tlo-ugii Barren for aud during' her natural life, i the Jn^c l..-|„w may think the evidence u, sustain and after tin- dearh of mv s.iid wife I direct that aU the seiand venlU t ;ratluj the remainder of my said j.-roja-rty be sold by my my beloved wij* Jane tiN jMtMsess.nm by I . flic aiuosnt of tin soM or mortgag* •!, no jtarticaiar field or uuu>l» of acres, or of jiouuds In gr»«ss to l>«- un>b- out of or on it iiwntiomMl in sucii bill of sale or mortgage; ami lir'tore tlie cotnoi wu* ginned or (tacked, and while still in jiossesNion of tho vendor or umrtgagor, in tb* seed.lt was.1* vied issuing on a jmlg- claim of tlie'vendee or tmirtgagee Pollock, 65 <;». cited ami dls- liliguislied. of tb--|)riiiciph**cxpr*ssed in this bret cited doubted ami the e**e w ill hnWUy be ex pended beyond the fad* therein. Judgment , for jdaintifi; J. E. Mo»Jy. contra* Hhijip vo. Hiritli. lIoincNtcMl claim, fr«a< Walton. Before Jr.idge Hutchins llonie*tej.E bank rujitey. I prior to that cmstitutioii, tleailJ the exemjiMoti of the nroperty b< mmli- by a rourt of liankruptcy. Keo 10 Batik. Ihg.. p. 1. (it) SlnatJtl wo be requested to revk'W tlie first casecitcdvimd tlu»se foUoati'ig it, it mi) Im- dotto, or should tin. Hupntnii* Court<of the Unte -1 States iqs hold the Usnkrupt act of Iw7d a* controlling in cases like tlni-ct course thisisfWTt will yield 4 to its decis- Judgment utfirnml. T. Rotr iw, for J.h ■ k Mclb-ntp, contra. Northeastern Railroad Couinauy! . . . from Habersham. Before Judge E*tes. should been forced. Judgment re reread. Railroad*. Right of way. Stock guards. Negli- j ^ W. P. McOntchy for plaintiff; W.J. Winn, J. J. gent* ~ Demurre Hall, J.—A declaration which set forth that jilaiutiff' had tlouatetl the railroad cniuj«ny right of Anderson through hi* inclosed around fie field came t<> the road lied on each side thf huiiih, ami at each place where the incl«*iire was Intersected by tin- road stock guard* were placed by the company: that tlu-se guards were insufficient to keep the stock out of his field ou which was a growing crop, that in consequence of thi* hog* got into hi* field and destroyed hi* croje. that he was thu* damaged by the negligent c<-n*tru tinu of tin- stock guard* and by tin ir being allowed to fall was properly held bad oil demurrer. The company is uudt-r no obligation iu law to keeji uji such guard* at sueli place-, ami such a duty cannot be inferred from tin- fm-t tliut the ri .lit of way was voluntarily given to it. ( ode 2051. *2i*53. 2*J54. Judgment affirmed. Crane k Jones for jdaintiff: G. II. Sutton contra. Hood vs. Perry et al. claim, from Miltou. Before Judge Brown. llu*baml and wife. sale.-. Debtor and creditor. Hall, J.—1. A sale made by a married woji.a void. Code 17K.*>; 71 Ga. W*2; Webster’s Diet, verl ••Invalid." 2. This being so, it i* not necessary that such sale should be attacked by tho wife or at her in stance, in order tliut the sale may Im* set a-ide. Th reach the jiroj-erty Just a though there had b»*e sell. Judgment uf- i sale, or attempt t if the sal** were voidable instead of void for thin ntanttu. a* between the husband and tin wife, or her representative*, yet if the alleged sale were to himh-r creditors, a* then* i* too much reason to believe was the case here, it would be void. The rights of creditors should be favored, and they should be gi feat frauds. Go T. L. Lewi*. J. It. Brooke, fur plaintiff; J Dodger, E. Farr, W. J. Wmu, contra. Knox vs. Higginbottom. Dower, from Wal Before Judge lftiteliln*. Mortgage. Waiver I lower. Evideuce. l'raml. Estojqwl. e contained a i by the wife, <> dower iu tlic rtgngc. Code 1760. Where it iselearly established that a widow by h« r acts ami decUratimt* ha*< practiced a fraud tijm>ii innocent jM-rsou*, and induced them t< chase land under - the impression that they getting it free trom the itleuiltbratiee of dowe w ould Is- estopped of her dower right. Code 3753- *2 Ki-riti. oil Dow. *2('*» •> 3. But to avail himself of an estopjwl. the pur- chaser must have aco d honestly and must be a burnt lUin-haser iti the full ... tbe fa-from practices and devices which tend to lead the dowres* to acts ami deelara- tiotis barring this highly favored right. Hi Grizzle vs. Gaddis.Coiiiidatnt for land, from Lump kin. Before Judge K*t« *. Pleading. Demurrer. Npeeiflepetfortnauce. ParG«-s. Contract*. Land for land setting properly stricken oti demurrer: That defendant went into jM*ssessioti of tlie laud sioti *»f the surer s.cd cultivate and imjirove it. the ahonhl have /- -is the,r home during tlie life d femlntit and kis wife for a reasonable rent, »o«l if at any (time tire defendant should Im-coiiio able to p chiMMi said vendor would convey to him a title the same at such price as it was then worth; that defendant made various improvements on the land hy elearinfu ete.; that them were worth wore than •lie land: that lie hail pool in rents tus* hundred dollars; ami that plaintiff had notice «*f all tho suit, or subject to tie Judgtm-nt that might be n-ndenoii; the pica tendered th** jdaintiff and her vondor fifty dollars in full of tin- jnin-liase mom<.land jiruyod that she he licensed to perform s|M*citmlly defemSruit’stigreenieiit wttli said vendor, and Ihat title might W vested in ik femlant on Ins |>ayiLg into court fifiv dollar*, wliiuii In- alleged was the purchase ntone;.*or *iieli otlmr sum a* might Is- equitable; or, if Gils could m* Is* done, lie a»k ed t .r n decree iu dAiuag’es gs contpenaatioti for tin improvements he bad put on 'lx land, etc. 2. Tlie plaintiff could not liei dl. d on to exeeutt sjM-^ifii-ally a contract to which stu- was tio juirty an,i espei-ially wl»"li her vetidiiT. who wa« alleged t« Indeed It may qm-stioned whether sue mild have in thz* iiianm-r Isv-ouu- a party suit. Had it lx-*:i an nction af ejectmt-nl. > plaintiff*lessor, the s-<|iiities Is-tw «-ml< i iihl have I might, then Pave tho *-tl rlt** forum t*i •where all tin* partie juity •ml the jdantiff < mid be brought rigbtfuliy 'till relief given to all. G« M |e3os.V But if thw vvi re a bill, ami the vendor a purty, no specific pert •rmatice could be decreed. The con- ' I the defemiam might purohase the ] rshjps. Dissolution. % dice. Itetense. Debtor ! and rfe/ltfur. Hall. J.-t. Where, after the dimvlution of a I )<artm-r»hi|i a creditor of Hie firm oco* jits the in dividual de* r ts of * I tie firm for«a *lebt mode I duniig the . xlstem-o of tie iiartm-rahip. ami ex- for subsUtdtel ln„! u nds tie time for jiaymeat without U»** kn*.wh .lge, [**' cf thu other iiieiiils-r of tb. firm, sucii other tnem- J Im r Is rrh*4Mi d froiu the .Hr. 31": aria 1'.»17 ami citote-t dm nt alirtuol. < M. loins on, for plaint*-. IV. H. Pitktvll, M. L .Smith, DiinlLp k TIioiiijmoii contra. White v*. lUii.l, et all. Kf'iity. fronr. Lumpkin. It -fort- Judir Kates. Fqitit/. B.-scisnion of con tmet. Ghaiyu of the court. Hsu* J.—I. The venllct ia this eawc.la sustained by tlie law aiul evidence. 2.2>t*- 1'irty cannot rescin»' • contact without tin- eohM-nt of the otlier. rx-.-jd for ton-perfor- tiialUM* of covenant*. G.Mle 24'5<l. 3. If,true that i'll.* court ouibtcd to charge an ap- projirMte ami pcctineut jirinrtple of law, iltn jiarty coiiipl#.iuing pliotil.l have t-alJ*(i his attention to the umlssio:i, and thin if he refused ft. gi** it there would,teive been gD.UIld f.ir alleging error. We think iv was n» stu-li oiuinsioL ill this .m<*e. tiround* of »vcejition to u judge's charge . Judgtm-nt affirmed M. tl. Boyd, Weir Boyd, for plaintiff; W.J*. Price, Sow trial. Discretion. Evidence. Fraud. Adminis- tra ti*in. Lk uititioiis. Minors. IIaI.i. J. 1. Jf this e.*tit will refuse tn interfere with .tlv- di»ci»,tion of tls- court below jn refusin'? a ■enters ami Is* equally * among my chll- tint any of my children H ^Hthe death -t»f their said I mother, leaving a child or children living, tlw-u I desire said child or rbildreti so left shouhl stand in the place of its or their deceased i sr-f it and heir a child’s j>art—that Is, the Part that tlie deceased Interest in th** estate. (*») Tlie contingency is r* ally double, depending on what was left unconsumed by Hu- widow, sml survivorship by the child or his rhlhlren. Judg- Master amisvrvaut. Contracts. Hubstitution. .. On (be issm nf fraud ky tin* iibtainhix' tin* discharge relnd on •gainst show v ti.sk'- < videnoeon which _lmiiiistrwt.ini could rest that the jtf-imijHil vmeh.-r relied Jf^wa* ; is uo mutuality in the cviitraet, and ueitber said t-lldor or lit*assignee could have enforced the |ier- foruiatir-e of th** contractagainst defendant. 71 Ga. . , h . J; . I said vendor. When Iliad)- In- Is-caine tin- t'-naiit of ! hi* InmUnrd was not linbh- to him i*roveui)-uts unless they were . nilses hy the lamlhml's consent. IP. could not eliauge the character of hia bidding without Hu- landlord'* consent, ami while t) limit could led dispute his landlord'* title. Code 22N.3. JudgtiM tit wffirtmd. Wier Boyil,>lor jdaintiff; It. H. Baker, contra. Holliday, administrator, vs. Anglin. Complaint for land, from Jackson. Itofore Judge Hub hln*, Hall, J.—TL«- verdict is sustained by evideuce. II. Cobb, W. J. Pike, A. H. Erwin, contra. Blanppoud, .1 jdaintiff iu Railroad*. •The testimony **f tb*- engineer of d that tio- railroad company t fault in killing defendant's lifetiinn. who tsjilMays ducc all tin- * nut at fault. The jury t Title. . ... Bl iM'i i ■):»>, J.—1. A sberilFa deed not sustained by any proof of the actiou. judgment or M. fa. on which it was founded was jirojierly re Joe tod. *2. Where no title was shown in either party, ami tin* j'OMpt-ssion wa** iu the jdaintiff in error, but it api'c.ii-ed that he hud been put iu po-,session by de- li-udaut iu * rror. tin* verdict w as jiroja-rly tor de fendant iu error, the jdaintiff la-low. tai It i* true that defendant below claimed to have nur«-hu*4 it the land from the executor* of T. J. I. Pay m*. but ikwas not shown that *aiil Payuu ever hiol tith- or pimscssion. 3. Rulings of tho court on evi b-m-e *!iottl«l be in- voked, if ilesirod. and sj>«-i tn)* • xception lttado. Jmb.’im-ut affirmed. Wi«*r Boyd for plaintiff: W. F. Findley, contra. Askew vs. the Stnte. Hitiiph* larceny, Irani Haber- sham. Before Jmlg*- Lute*, (’riiuinal law. Ac- i iiniplice. llusbaml aud wife. Misdeineanora. Blande* ami tin- t corroborated. 2. The vv if)* of an accomplice i** a coinjictent wit ness to testify t>» any fact in n criiniual ju-oceeditig not against her husband. If he be not affected by her b**tiiuony. 3. The rule as to corroboratiou of un accomplice doe* uot extend t>» luis)let;u-auora. 43 Ga. 197. Jmlgtuetit affirmed. 11. s. West. Crane Erwin, solicitor-gem* Conduct of judge. Errol *. for pluintiff; W. I lury lia>l been . 4 judge stated to i who lmd been tried and acquitted b urly guilty, aud he could i could have found such a ven This was no ground of err* t 'ollitis vs. Slate. February to aolicitor-geueral, by W. F. Fimlh-y Boundaries. Mandamus absolute. BlaspKotin, J.—1. Tlie io-t of 1H79, acts of 187H and 1k79, j*. 1h«, is ini|M tative that when a grand jury of a county piesetits that a line between its county and an adjoining county is undefined or in dispute, that the ordinary shall forthwith transmit a certified copy of stu-li presentment to tin- ordinary of said adjoining county— * “ ' ~ ‘ —’ * “ the two ))nliuarieM to ili counties to survey and t This act was strictly followed by t itb It. The mandamus against him \ made absolute. ‘2. Besides, hi* answer was insufficient. It failed Blandkord, J.—1. Objection to a Jury, tice's court, that tbe list contained tunica not « by certiorari. 2. Th»* verdict was sustained by the evidence.. Judgment affirmed. {(’. II. Brand, by Harrison k Peeples, for plaintiff supreme Court of Gcnrffiit. Atlanta, October 13.—No. fi, Western circuit:- Carter vs. Htate* Argued. J. II. Felkor for plaintiff: K. T. Brown, solicitor-general, by 'V. It. Brown,. So. 7, Western circuit. Burnt** vs. Kmitli ami Turner. Argm-il. D. H. Walker, Bay 4t Walker for jdaintiff; J. W. Arnold, contra. Court then adfoiirtieil to 9:3 •MY DKAUWAKD” TALKS HACK. |*ity iu i Who |*nt tin* Money In the lleluiont Aline. N. Y. Herald. “Did Gen. Grunt and bin i tho money for the Hclruotit mine?’’ “Of fotirht* they diil not. Fish and I jutiil our |»ro|)ortin!iN. Tho choekH will Nhinr that eiteh im-tuher of the firm paid hiu pro-* portion, and, as it matter of fact, that all the cash lint in the mine wan put in hy Grant »V Ward. Therefore Grant wits right in saying that the mine was a great deal of a fraud.” “Hut your brother examined it?” “Certainly he did, and, hy the way, I am glad you spoke of thut; Mv brother is a nuning engineer, and he wan Kent to exam- the mine a* to the quality and quantity 1 11 not sent to investigate He would not Ktigate them* ». He relied. Grant relied sustain th*- final r< tcru by tti* ailmtiiistnitors was obtelnaii aft#*r their discharge, w hich voucher was vague sml Indefinite, that only |»art of tile money it jatrjs’rteilto cover «ra* jiaiil a»/l that thi* was re paid to the administrators, because of an alleged loistaki-on their jsirt in turning it over to the payee; aud on the trial tin- final return was m>t forthcoming ami no onler approving it wo* shown, aud It was also shown that it woa never juit on record. Code J*'"*, 2*5*t*t, 2751, 3. Tin* fact that a cntii|>!aitiaut had a guanbati during the time of his minority after the discharge of the administrator* was granted cannot Im* held to bar bis right to recover. The statute giving him five years after Iu* reaches majority within which to sue nukes no such exception. Code 2607, Judg ment affirmed. It. l» j.ester, G. N. Lester for plaintiff; W, A. Teas- ley, C. D. Phillips contra. Niton* vs. Ghastly, sheriff, et al. Refusal of injnnc- tion, from !fah«r*hain. Before Judge Bates, fec und homestead. Injunction. nf its coul. Ml- anything about its tinum have been competent to it if he hud been sent to do upon Gen. Grant. Gen. upon Gen. Gordon. My brother reported thtil there won coul there and it vvuh a very good quantity «»f coal. He knew nothing about the debts, about the ditUculties iu the unv of getting it to market - in fact any thing except the point to which 1uk mi till was directed as a mining expert. Ah n mut ter of fact Duck Grant's attorney, l'urring- tc.u, Ktihseipiently went down and examined the mine also and was paid for his ser~ vices. ” “Gen. Gordon thinks that the mine wa« worth and that he got nothing for it.” “Well, I think we can afford to let that tub atand on its own bottom. He made representations to Gen. Grant. Gen. Giant nn.de the leprtHcutations to Grant A Ward in good faith. We desiring to please the general, did precisely what Gen. Gordon asked him to got thine for him and we lost it all.” '(••ti. .1. R Gordon admits that he sold the mine to Grant .V Ward through General Grant lie says that the cause of the failure of the mine to pay was that itwasput under the superintendence of a man who knew nothing of his bn* j ness, and it wus *q tended in the most unskilful manner. “It would set-in as if Genera! Gordon, having sold Grant A Ward the mine, and! being its president, aud living as he did- upon the ground, and being interested nit he seems to want the public to think he was in its welfare*, would have advised with the manager and consulted Grant A- Ward about tho way things were going un. Mr. Otis was an army officer, and tbeGranta- nut him there-, f suppose, trom a desire to help him along, hut General Gordon should! have advised hint, “As to the $1M,INNI loan General Gordon savn: 'About that time I in (find money, ami I borrowed *lN,tNio from the Marine Hank. I, did not g» t the motley on the in dorsement of Grant «V Ward, but on mv nerKouii! note at>d those of my associates. ’ If tin* II* raid's readers will refer to the let ter written to be my G*-m-rnl Gordon, dated April 22, puldisJied in the Herald of theHth, they will readily see that General Gordon had to get the eons* tit of Grant A Ward be- .... w , f«»re la* could gel th** loan, and thu* Grant •( wiitte J A'Vcrd became morally liable for it, and e Note's ' "" r< ’ w,tn I M ‘^ p ‘* to take it up and pay the were negotiable ana In the bands of an lnn«*cent V® ^ ongh General Gordon wan holder ts-fore inatuntj: it was error to ( barge that | R* quently eall**d Upon by the babk to itay I the alteration was a innk-ml one, ami if done to <k- < it." ay hav»-jnfi rr»-d that if tho fin-man >l*nt III* tfstllllollV would lisvi-si tie* part 'if thi- tuilroail. ’i lit* is a small • tin* discretion of Llio firus d. Dunlap A Tnouiji*"! H. PicAa li. W. F. Eiu'l Fulls v*; Crawford. Iqiiity, from Fan Judge Brown. lioiu>>t.,oi E>iiuty Bi.ANn>)tni>, J. -1. Wh* r*- i-omplatn r*-st*)l )iii a h)>m)-*t)-ul. win. h hud ls*-u tio- oDlituay Im tor*- tin* *urv* v-r ii.oi turn or sworn to thu sam*. the bill w dismissed am demurrer. ( Vslekute*. J Fromiaaory ooti-s. Altcrathii o suit was brought *i fore the White ix*)-n*-d as pave.-, were given for an engine, title should remain in r* the printed iiam** of C. atrii-keri in this stijiulat! i isertigl; that Whin- wa* and as such hud sold the JPI negotiable and in the hands of tipnlated tlnii ,