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THE MACON WEEKLY TELEGRAPH: TUESDAY, NOVEMBER 10,1885.-TWELVE PAGES.
[HE INSIDE OF ATLANTA.
A HORRIBLE ACCIDENT.
fo Negro Laborers Probably Fatally In
jured by a l’remnturo Iliad.
Vtlikta, November 4. —A most horrible
••identtook place at 3 o'clock this after-
jon a t No. 39 Church street.
Two men were terribly injured and may
kt lose their lives. Sometime ago Captain
JI. Roberta, our fine real estate man, en-
iged three colored men to do some blast-
.. in a well located on the above
Their names are William
pnnebrew, Phillips Echols and Giles
fcliols. The well is located in a comer of
le front yard near the sidewalk. It had
ten dug in rocky soil, but was not deep
loagli and the purpose in hiring tho men
as to blast the rock bottom and sink the
dll lower, Mr. W. B. Seals, of the Snnny
nth, rents tho property from Copt.
Eberts and the arrangement to blast the
til was agreeable to him.
The men have been engaged in blasting
ir several days past. They are paid so
inch for each foot blasted. This afternoon
bout 3 o’clock, William Kinnebrew and Phil
Ichols were down in the well, arranging to
like two blasts at the same time. They
ptl drilled one hole and pocked the powder
Oil adjusted the fuse and were employed iu
killing tho other hole, when by sheer acci-
lent the hammer glanced, nnd striking the
tie leading from the other hole, cut it in
vain. It ignited nnd a terrific explosion
ifiowed, filling the well with smoke, shoot-
tg huge pieces of stone into the upper
rorld and alarming tho neighborhood.
In about two minutes nearly a thonsand
rople rushed to the spot. Giles Echols, who
.i, standing near the mouth of tho well,
once unwound the windlass and let the
,pe down. l'bil Echols tied
nronnd his body and wns
B ulled out. Giles Echols holloed to
,'illiam Kinnebrew, but no answer came,
> he caught hold of the end of the rope and
as lowered into the well, which was filled
vith smoke. Benching tho bottom, he
found the prostrate form of William Kinne-
rew, and quickly fastening the rope
found hts body, ascended hand over hand
lo the top in a fainting condition. William
Kinnebrew was then pulled out.
William %inncbrew was placed on a dray
md carried to the office of Doctors West-
ia .rclund nnd Howell, on Marietta street.
Hi- right hnnd was tearfully lacerated, his
light shoulder mangled, his face
rribly bruisod, and it is
thought that he will lose
both eyes. lie lives near the Exposition
Hills, has a wife and three children, who
rere sent for. He is now lying on a litter
in the office, surrounded by a crowd. The
xtent of his injuries cannot be known at
his hour but his death seems certain.
Phil Echols was placed in a hack nnd re
moved from the scene of the
incident to his home,No. 79 Foundry street,
where he was lifted from the hack and put
in bed. lie is now lying dangerously hurt,
surrounded by his wife and six children.
■ t o . ii'l lo .cl hi. t. iiil.lv l.riti - .1 in 1
burned, his left hand is mangled, the pulse
and part of the wrist being tom
out—and his right hand is
mutilated, several fingers crushed almost
off. A piece of stone lodged in his left eye
and he will lose it. The doctor thinks both
hands will have to be amputated. He may
recover, but his case is very doubtful. Both
men presented n most sickening spectacle,
as bruised, bleeding nnd helpless they lay
in their singed, tom and dirt-smeared
working clothes.
The hammer wns shot out of the well and
fell in an adjoining lot a hundred feet away.
Kinnebrew nnd Echols, the two negroes
injured bv blasting this afternoon, aro no
better. Either or both may die before
morning.
QUITE ROMANTIC.
They Never Saw Kacli Other Until the Wed-
ding Day.
Atlanta, November 4.—This morning at
11 o'clock at the residence of Mr. nnd Mrs.
G. B. Jncox, 130 Spring street, Mr. D. C.
M. Lyle, of Morristown, Tenn., was mar
ried to Miss Nettie Keascy, of Chicago, Ills.
Tho ceremony tvas performed by the Rev.
I).*?tor Eddy, of the Church of the lle-
cleemer, in the presence' of a 'few special
friends of thq contracting parties. A more
romantic mnrringe was never celebrated in
Atlanta.
Eight years ago Miss Keoseycame South
on a visit to Atlanta. Three years
later she went to Athens, Tennes
see, to attend the Wesleyan Female College
nt that point. There she met Miss Alice
Lvle, a sister of to-day's groom. They soon
bi-came fast friends. They were class
mates and roommates for about one year.
After they parted for their respective homes
a constant correspondence was kept np be
tween them. Two and a half years
ago Miss Alice Lyle left
her homo in Morristown, Tenn., and went
to Monrovia, Africa, as a missionary. The
correspondence was still continued by the
ladies. At length Miss Kcasey wrote a long
letter to Mbs Lyle and waited about three
months, but no answer came, w hile with
her friend in college at Athens Miss
Keasey boil seen the photograph
of Miss Lyle's brother and hod
often been shown loving letters to bis sis
ter Alice. Bo she took the liberty of writ-
? ing to him at Morristown and asking him
tor his sister's address in Africa, thinking,
perhaps, she had changed her station, and
this accounted for her long silence. About
this time a letter was
ce'.ved at Morristown from a gentleman
in Monroeville announcing the death of
Miss Alice Lyle. A few days thereafter Mr.
Lyle, her brother, replied to Miss Keasey t
letter, apprising her of the sod Intelligence.
The lady at once replied, writing a letter of
since rest condolence to Mr. LyV
swered the letter promntlr. The tamly
knew of the strong friendship existing be
tween the ladies, and felt drawn to
Miss Keasey because of her noble left*™
Avliieb ihey'tonnd among the effects of the
,.l sister in far off Africa. A regular cor-
looked upon each other, they became en
gined, Three weeks ago Miss Keasey
came to Atlanta to visit the fimiiljf of Mr.
I v Cox and other fnenda in the citj, and
v iril e here**determined to marry the msn
, ' whose face she hod never goz-t A
Am irespondence to that effect tookpUce.
V * i .teriJay morning the_ 4 o clock tonio
agricultural implements at Morristown.
The bride is a handsome woman of 21.
Her father is a coffee nnd ten merchant at
No. 74 Thirty-ninth street, Chicago.
Long may they live, their wedded life one
dream of bliss.
The Railroad Commission.
Atlanta, November 4.—The railroad
commission met to-day and elected Major
Campbell Wallace chairman. The commis
sion considered a petition from the cham
ber of commerce in relation to tho pooling
system, presented by V. SI. Dunn nnd
Aaron Hans, a committee from the cham
ber. The petition sets forth that pooling
is a violation of article fourth, section sec
ond, paragraph four, of the constitution of
Georgia. It claims that the rates fixed by
the Southern Railway and Steamship Asso
ciation are void and unjustly discriminate
against the merchnntile interests of the
principal business centres of the
state. The question of jurisdiction
was argued by Judge John L.
Ho ikius for the Georgia Pacific, nnd Gen.
A. R. Lawton for the Central. Col. P. L.
Mynatt, spoke for the petition. Hon. J. B.
Cumming argued for the Georgia railroad.
A number of railroad officials were present.
LUNATIC ASYLUM REPORT.
Good Showing for the "Whisky Men as to
| the Causes of Insanity.
Atlanta, November 6.—The trustees of
the State Lunatic Asylum submitted an
annual report to the Governor to-day.
There is a biennial published report. This
being an off year, the report is in writing.
The trustees say they “are well satisfied
with tho management of the affairs of tho
asylum by the subordinates and tho super-
tendent.
The new improvements and additions,
viz., a large brick building of 500 rooms for
colored patients, a hospital, a new gas house
nnd works complete, two large buildings of
brick, of about 150 rooms each, for couvr-
lescent patients, which, although void of
ornamentation, are plain and substantially
built.
By the act of June 20, 1885, 200 harmless
incurables were excluded from the
new convalescent chambers, nnd thereby
room was had tor as many curables,
OFFICERS’ REPORTS.
The annual report of the superintendent,
steward, treasurer and other officers of the
institution nre included in the trustees’ re
port. They are as follows:
October 1st, 1884, there were 888 white
and 339 colored patients in the osyltun.
During the years 1884-5 there were received
into the institution, 238 whites and 107
colored. There were discharged, received,
nnd died during the year, both white and
colored, 335, leaving on band October 1st,
1885, 1,237. Average number under treat
ment during the year was 1,232, while the
whole number under treatment was 1,572.
TABULAR STATEMENT AS TO RECEPTION,
showing the number ndmitted during the
year nnd their respective ages at time of ad
mission;
tile'stotifrood'brought down Hr. D. C M
Lyl* from Morristown, Tenn. ( A /?\l uS
in the city he *^ rad j?P?^^*S° te W M
Ki im t iwkiDK tocall it«) o clock.
vt thttthourbeaIi^t4l from a carnage
atisOBpringrtwrt.and"lra. Jocoxu-bend
into the parlor, where sat Us brule ex-
i riant He advanced and introduced
Gt The lady «»
* soon became calm.
^Vur’l.vle said: "This bos not B 01
B yon ore disappointed, I will
dock
The groom
t dealer in
meat The sound of hU bead striking the
like the report of s gun. In two minute* he wm
surrounded by s dense crowd. His fellow workmen
placed him upon s litter and bore aim to Hutchln-
son's drug store, half a square away. 4 policeman
was stationed at the door to keep the crowd out.
The injured man was examined by Dr. Olmstead.
Ho struck on his right side sud was found to to
spitting blood. His spine is also thought to have
been dislocated. The extent of his internal in
juries cannot be known at this hour. He was re
moved to Ivey street hospital at 1 o’clock and is ex
pected to die. Mr. Enright came to Atlanta from
New York about six months ago and
' ■ torn! time past been a line
man in the employ of the Tele
phone Exchange line. Ho is 23 years old and weighs
about 200 pounds. He is a bachelor. He boards at
the Cannon House. He is conscious, sud bears bis
suffering with great fortitude.
Considers a Tinning Mill a Nuisance*
Atlanta, November 3.—Some weeks ago Mr. J. C.
Peck asked permission of the city council to put up
a $15,000 planing mill on Collins street back of H.
Earwisch’s. The petition was granted, and two
weeks ago Mr. Peck ordered his machinery and got
ready to begin work. Bat several property-holders
aund upon which It
requested council to
action on their subject. A special
committee, consisting of councilmen and aldermen,
was appointed to consider the matter with power to
act, provided they should vote unanimously. The
committee held a long meeting in the mayor’s of
fice this afternoon, but could not agree. The mat
ter now goes back to council. Mr. Peck has made
all his arrangements to build, and says that if the
council rescinds its action he will at once bring suit
against the city for damages. The property-holders
who adjoin contend that the building or the mill
will increase their insurance.
FflTect of Prohibition*
Atlanta, November 3.—A gentleman from Louis
ville told me to-day that since the town went pro
hibition property has depreciated fifty ber cent, in
whose property adjoins the grou
was proposed to erect the mill re
rescind their action on their i
A FINANCIAL SCHEME F.ULS.
Under 15 years....,
*" to 20years
to 25 years
to 30 years
30 to 35 years
35 to 40 years
40 to 45 years
“ to 50 years
to 60 years
60 to 70 years
70to80years****..
bO to 00 years
Unknown or not furnished..
Only one bnrfceqier against six preachers
was admitted daring the year. The largest
callings represented are: Farmers 42, farm
hands 47, housewives 52, house duties 24,
laborers 12.
Civil condition of those received daring
the year: Married 131, single 105, widowed
37, unknown 72. There were 20 homicidal,
and 36 suicidal.
Opium was the cause of the insanity of 10
against 14 made mad by religious excite
ment. *
A significant item is contained in the
apothecary’s report, which is that he sold
the ofiicers of the institute $655.14 worth of
medicine as against $4,372.57 worth issued
the inmates. This U pretty hard on tho
officers.
If I remember aright, the report said the
insanity of thirty-two was “traced to alco
holic stimulants;" but inasmuch as they are
among the curable, the showing is not so
bod, as against the “temperance calling" of
fanners, farm hands and housewives, 32
against 141. Opium, nreachers and reli
gious excitement causea the madness of 30.
Dcntli of Kinnebrew.
Atlanta, November 6.—-William Kinne
brew, one of the blast makers who was
burnt, yesterday afternoon, on Church
street, died this morning at 0 o’clock. He
was removed from Dr. Westworeland’s
office to the home of Philip Echols, on
Foundry street. Philip Echols, the other
wounded man, is doing very well
LATER.
A post-mortem made bv young Dr. Willy
Westmoreland of the body of William Kin
nebrew showed that death was caused by
the driving in of several ribs upon his lungs,
producing a rupture.
Clteeves Not Expected to Uve.
Atlanta, Novembers.—Geo. IV. Cheevcs,
who bus been confined in Fnlton county
nil for lonie time past, tor safe keeping, u
‘ n a dring condition. He is not expected to
live through the night. Hi. wife is at hi.
■ide. Mr. and Mrs. 11. A. Collier, hi. broth-
er-in-Uw mid aUter, living at Albany, were
telegraphed tor thia morning.
A PRELIMINARY FIGHT,
In Witch the Antl-Prohlbltlonlst* Collie
Out Ahead.
Atlanta. November A-A mu. mutts* wu held
_l the court how. 10-nl.ht to reutr. u* report of
commute, of sixty-one cttlxea. on nominations
for .ix councUmm mid 000 .Mention to HU vancan-
clu in the unenl council which will ooewr in De-
alderman-ftt-terf*. CIuHm A. Collier,
fd for AUleqq. Green Uts.
WU (otllt down.
|Mt of the Mail.
one tied by Sir. Moddui. wbo orou
hti some. Tbe report ol the
1 eVodtne probibltloulaL In eup-
rortto* thiwUUtnte. ehLwd tlmt Jtoddo* wu
oroprJd Ilf the committor bcconu be wuspro-
The Sub-Treasury ami Clearing House At
tempt to Force Coin Into Clrcuhitlon.
New York, November 6.—It may be re
membered that some time ago, tor the pur
pose ot increasing the amount of gold in
the United States treasury, the New York
clearing linnse agreed to furnish the treas
ury with $6,000,000 of gold in exchange for
an equal amount, par value, of subsidiary
coin, nnd tho amount of gold to be fur
nished by each bank was apportioned
among the clearing house banks in propor
tion to the amount of deposits carried. All
the banks responded with the exception of
the Broadway, which refused to make the
exchange, and the treasury therefore ob
tained only $5,915,000. Tho subsidiary
coin was left in the sub-treasury in this
city, ami certificates for the same were is
sued to the different bunks by tho manager
of the clearing house. Until recently bonks
were not permitted to exchange these certifi
cates for subsidiary coin, but about ten
days ago permission was granted
to deposit certificates for such amounts as
the banks might wish to draw from the
sub-troasunr. The scheme failed to create
the demand which wns expected for coin,
the banks to tho present time haring called
for only abont 81,000,000. Yesterday the
sub-treasury began redeeming the certifi
cates in legal tender notes, and nbont $2,-
000,000 were thns redeemed daring the
day. Tho operation was continued nnd
about $200,000 more redeemed to-day. This
leaves about $1,000,000 of certificates yet
outstanding, which will probably be pre
sented for redemption in a short time.
A Fly Wxeel Hursts.
Philadelphia, November 5.—The large
fly whoel of the engine of the Times Finish
ing AVorks of Samuel Lea A Sons, on St.
John street, below Girard avenue, hurst to
day. A portion of the rim passed through
the wall of a house adjoining tho mill occu
pied by tho family of Max Mackenreider,
and bnried itself in the yard of the court
in which the dwelling is situated. At tbe
time there was a woman and her children,
Josie, Annie and Josephine, aged six years,
four years and nineteen months respective
ly, in the room into which the fractured
fragments were thrown. All escaped injury
except the baby, Josephine, which hod two
teeth knocked out and its head badly cut.
It is impossible at present to determine the
extent of the child's injuries. Another por
tion of the wheel was hurled northward and
entered the building of the Midnight Yarn
Company, No. 1150 Germnntown avenne,
but no one was injured by the falling missile.
The engine room of tue Times Finishing
Company is a complete wreck.
.tut withdrew
mltto. w» ih«
OlHI T. Dodd.
dropped
r . ixidd wu milnd by tbs crowd with aer-
lr , 0 f iu. bet wu Sully allowed to ijei.
TU nSwtiiTpsnUhtwM controlled by tho sail-
tiBihlhlUoDUu. who sl« controlled the committee
ofitity-ine. which by a vote of forty to nineteen
TjiTlS Ma.1,1.,1. wbo wu nominated by the com-
fTito Umfoerth word. sad replied him
wnh Grcen.Th.fowrth .^leader, uyjbjy wtU
S&tyasaar “ d
A FRIGHTFUL FALL.
111 Full* a Di.tnurf of Forty Fe«t
Upon
I •5*rw7tort*b». Wbtw artrmpduitoun . h
Wap'ottum. Sm
Tbe Oklahoma Lands.
Mcscooee, I. T., November 5.—The
Creeks have decided not to sell Oklahoma
at any price. Last summer there was
wish to get the sentiments of all tho tribes
on the subject, and n council was called at
Enfaula, and it won then decided it would
be best to sell. On Tuesday this action
was brought up for ratification by the
Creek council. The bill quietly passed tbe
House of Kings, but when it come to the
House of Warrior, it hung fire. A vote was
finally token, which stood 42 to sell nnd 42
to bold, when Speaker Tom Adam. cMt the
deciding ballot in favor of retaining. Con
sequently the boomers will have to stay out
The Seminole council naa appointed a
delegation to treat with the United States
commissioner*, bnt it takes the action of
l>oth nations before the country could be
so disposed of.
Methodist Missionary Work.
New York, November 5.—The Board of
Bishops of the Methodist Episcopal ^hurcb,
now in session in this city, approves the
appeal of the Frcedmen's Aid Society tor a
quarter of a million of dollars a year for
Chriatian white and colored people. Even*
pastor of a church is urged to roue his full
api>ortionment for this cause, and churches
and member, of larger menus are colled
upon to contribute with increased liberality
to this work. The eighteenth anniversary
of the Freedmen's Aid Society of the Meth
odist Episcopal Church will be held to-mor
row. In the afternoon Bishop John Wal
den, of Chattanooga, Tenn., and in the
evening Bishop Thomas Bowman, of Bt.
Louis, will preside. The Missionary Socie
ty of the Methodist Episcopal Church to
day voted to raise 11,000,1X10 for missionary
purposes during tbe coming year. The asm
raised hut year was over sSoO.OOO.
A Hotel Burned.
Raleioh, N. C„ November 5.—A fire
to-day, at Fayetteville destroyed the Fay'
cttcvtllc Hotel, a three-story brick building,
at the corner of Hay and Donaldson streets.
The supposed cause is a defective flue. The
value of the building was $10,OUO. It wu
owned by a stock company. Tbe furniture
wu owned by W. G. Matthews and Charles
Glover. The house wu furnished within
the last three months at a coat of $2,000.
The insurance on the building wu (11,000,
bat on the furniture nothing. The Gover
nor and other State officers were at the
hotel, being in attendance at tbe county
agricultural fair.
Woman'* Curiosity#
Philadelphia, November 5.—A special I
from Allentown, Pa., says that Mrs. Cath
erine Tramp, postmistress at the village of
Coming, bu been arrested, charged with
opening letter, oat of curiomty and read
ing them, for the purpose of keeping her
self posted in regud to the business secrets
of her neighbor, and the love affair, of the
young people of th. community. Bho ad
mitted her guilt, and in justification alleged
that she did not know that she wu com
mitting an off cum for which she could ba
punisbeib She was put under boil to an
swer at the next term ot tbe United Stales
Court in Philadelphia.
SUPRE3IE COURT OF, GEORGIA.
Decisions Itcmlcreil Tuesday, November 3,
1883.
Special Report by Henry C. Peeples.
L. N. Whittle et nil vs. Hartwell Tarver.
Claims, from Dougherty. Judgment re
versed.
M. E. Hart vs. Geo. P. Thomas & Co.
Suit on bond, from Sumter. Judgment af
firmed.
A. J. Williams vs. A. J. Buchanan & Bro.
Illegality, from Sumter. Judgment af
firmed.
Lena {Hogan vs. the State. Keeping
lowdhoose, from Sumter. Judgment af
firmed.
March Roberts vs. the State. Sinple lar
ceny, from Sumter. Judgment affirmed.
Joseph Johnson vs. the State. Rape,
from Stewart. Judgment reversed
G. M. Byne vs. M. J. Hatcher, Trover,
from Lee. Judgment affirmed.
Hatcher A Baldwin ts. H. 51. Comer A
Co. Complaint, from Macon. Judgment
H. M. Stephens vs. John Wallis. Certi
orari, from Stewart. Judgment affirmed-
Morgarette James vs. B. F. Davis. Cer.
tiorari, from Stewart. Dismissed.
Weems et al. vs. Harold, Johnson A Co.
Equity, from Lee. Judgment affirmed.
5. C. Mitchell vs. Southwestern Railroad
Company. Malicious prosecution, from
Sumter. Judgment reversed.
JohnM. Cain et ah vs. T. T. Ligon, nl
ministrator. Equity, from Stewart. Judg
ment affiamed.
G. M. Byne vs. S. K. Smith. Complaint,
from Lee. Judgment affirmed.
Pioneer Manufacturing Company vs.
Calloway A Co. Complaint, from Sumter.
Judgment affirmed.
Mrs. C. Matthews vs. Bosworth A Jossey.
Claim, from Sumter. Judgment affirmed.
John F. Irvin vs. C. H. Matthews, ad
ministrator. Complaint, from Stewart.
Judgment nffirmed.
W. N. Brown, administrator, vs. J. L.
Hardee, survivor. Claim, from Randolph.
Judgment affirmed.
Hart et nl. vs. Thomas A Co. Suit on
bond, from Sumter. Before Judge
Fort. Actions. Parties. Forthcoming
bonds. Levy. Perishable goods.
Jackson, C. J.—1. On a bond given un
der section 3729 of the code, a forthcoming
bond in a claim case, suit may be main
tained by tbe plaintiff in execution in his
own name tor breach thereof. Code sec
tion 13.
2. A levy, written on the fi fa., on per
sonal property in a certain house, describ
ing certain items therein, and then em
bracing all other goods therein, is sufficient
ly descriptive of the actual man
ual seizuro or levy thereof by the
officer levying; and a forthcoming bond to
produce these personal goods at the place
and on the day of tbe sale, covers os well
the other goods seized in the storehouse as
those specifically described.
The court, therefore, did not err in not
restricting the evidence to tho articles par
ticularly described in the levy.
3. ~The issue of damage or no damage
was distinctly submitted nnd the charge of
the court, taken together, fairly stated the
law.
4. Where goods of a perishable nature
are levied on and after n long litigation over
claim, tho claimant haring replevied them,
it is their value when seized nnd not when
delivered at the day of sale that should be
considered. The delivery of their mere
skeleton, or in a decayed or wasted state,
will not satisfy a forthcoming bond.
5. Distinct specifications ot error must
bo made.
6. The verdict is supported by evidence
and law.
Judgment affirmed.
B. B. Hinton, tor plaintiff; GuerryA
Son, contra.
Williams vs. Buchanan A Bro. Htegality
from Snmter. Before Judge Fort Dec
laration. Process. Mistake of clerk.
Jackson. C. J.—1. Whete original decla
ration required defendant to appear at the
next term of the Superior Court and the
original process required appearance on
the ‘-2d Monday in Apnlnext, 1 ’and thecopy
declaration followed the original but the
copy process required appearance on the 2d
Monday in December next, it being dated
28th of December, the mistake was so ob
vious that it cannot successfully be made
the ground of motion, to set aside the
judgment, or of illegality.
2. The traverse of the sheriff’s return is
not considered, because, conceding that
the copy process wns erroneous, it made no
difference in the law ot the case. The couy
declaration was right and that, with the
term of the court fixed by law, gave notice
of suit, in what conrt, nnd when to be am
swered. Judgment affirmed.
J. L. Albritton, for plaintiff; Jot. Dodson
and Son, contra. ___
Whittle et ah vs. Tarver, trustee.' Claim,
from Dougherty. Before Judge Bower.
Judgments in ron. Records. Wills. At
torneys. Liens. Notice. Execution.
Jurisdiction. Bill of review.
Jackson, C. J.—1. Section 3,583 of the
code, requiring record of money judgment
against non-residents to be mode iu the
connty of defendant's residence, at against
bona fidt purchasers for value, does not ap
ply to juugmenta In rein. See 53 Go. 328.
(а) So, where by will a charge was fixed
on certain lands and on bill brought a de
cree won bod subjecting the lands to said
charge, and by bill of reviesr filed said de
cree was act aside only as to three-fourths
of the amount found, and confined by de
cree on said bill of review tor one-fonrth in
favor of the attorneys of the complainants
in the original bill, it was not necessary
to record the judgment on said lost de
cree in the connty of residence of
a defendant who resided without the county
of venne of the two bills.
(б) There was no necessity to give notice
of attorney's hen or for any other step by
sold attorneys. They had been made de
fendants to the bill of review, and the de
cree in their fsTor gives them the money
found out bf the land in question. It does
not give a lien on the decree, or the pro
ceeds of it in the hands of their client.,
belonging to their clients.
2. It was error to rale that unless claim
nnt had actual notice of the charge on the
land in the will, the property charged was not
subject. Tbe probate of the will of record
in the court of ordinary U itself notice.
Besides claimant held nnder defendant in
evocation who held the property in question
under the will
3. The execution on the decree under the
bill of review was properly issued in the
name of the attorneys. They were made
parties and the decree was In their favor
parties. Code 4215.
4. While it might be traethat the court in
which the original bill was filed did not
have jurisdiction, yet defendant, by filing
therein hit own hill of review, gave it juris
diction, and its decree thereon coucli
him and those holding under him. Jmlg
ment reversed.
D. A. Vaaon, G. W. G us tin, for plaintiff;
G. J. Wright, B. Hobbs, L. Arahcim,
F. A. Rush, E. G, Simmons, for plaintiff;
A. Littlejohn, contra.
Hogan vs. tlio State. Keeping lewd house,
from Sumter. Before Judgo Fort Crim
inal law. Witnesses. Evidence. Lewd
house.
Jackson, C. J.—1. The evidence sup
ports the verdict
2. The record does not disclose that priv
ileges of witnesses were nbnsed. Even if
it did there was plenty of other evidence to
sustain the vemet. Wharton’s Crim. Law,
sec. 4C5, 472, 473, 470.
3. Reputation of a house being kept nnd
maintained as a lewd house is admissible.
Wharton’s Crim. Ev., sec. 201; 17 Conn.
R. 407.
4. No evidence of consequence of char
acter of the house running back more than
two years wns admitted, and the verdict
is demanded without it.
Besides to show the long established
character of such a house it might well be
ndmitted, the jury being charged ns to how
to consider it. Judgment affirmed.
J. L. Albritton, J. W. Brady, for plain
tiff; C B. Hudson, solictor general contra.
Roberts vs. the State. Simple larceny,
from Sumter, Before Judge Fort.
Jackson, C. J. —1. The evidence sustains
the verdict. ,
2. There were no such errors iu the re
fusals to charge as demand a new trial.
They were given in substance.
3. The confessions were made voluntar
ily and are sufficiently corroborated.
Judgment affirmed. B. B. A E. T. Hin
ton, for plaintiff; C. B. Hudson, solicitor-
general, contra.
Joe Johnson vs. the State. Rape, from
Stewart. Before Judge Fort. Criminal
law. Witness. Tender age. Confes
sions.
Jackson, C. J.—1. The preliminary ex
amination of a child witness, six years of
age, showed she should not have been per
mitted to testify.
It disclosed no knowledge of the obliga
tion of an oath, of any penalty for perjury,
or of any future punishment, or, indeed, of
any future state.
2. The confession introduced seems
not to have been voluntary. The
irisoner was charged with rape
>y the mother of tho child alleged to have
been raped and in the presence of one who
told him if he did not confess to him he
would bavo to confess to Woodward, who
was a justice of the peace. This was equiv
alent to telling him if he did not confess he
Pbuld be arrested and taken before the jus
tice. Code section 3793. Judgment re
versed.
J. L. Wimberly A Son, for plaintiff; C.
B. Hudson, Kolicitor-geueml, C. Anderson,
attorney-general, by J. H. Lumpkin, contra.
Stephens vs. Wallis. Certiorari, from
Stewart. Before Judge Fort. Certi
orari. Remedy. Peace warrant. Costs.
Writ of prohibition.
Hall, J.—1. A certiorari does not lie to
iroceedings before a justice of tbe peace,
lindina over a party to tho Superior Court,
attested upon a warrant either to keep the
>eace or for his good behavior. While the
usertion in such a warrant of a direction
to the arresting officer to levy on and hold
property of the defendant for the costa, in
case of conviction, is unwarranted by
law; and if he does so levy and proceed to
sell the property seized it I* unlawful, still
tho writ of certorari is not the proper rem
edy in such a cose. 40 Go. 470 cited and
diatingniahed; code 4749.
pped by af
fidavit of illegality, which, to oay the boat
is, perhaps, doubtful, then it can be effect
ed by n writ of prohibition. Code 3209 (a).
Judgment affirmed.
J. L. Wimberly A Son, E, II. Beall, R. F.
Watts for plaintiff; T. D. Hightower contra.
Hatcher A Balwin to. Comer A Co. Com'
plaint, from Macon. Beforo Judgo Fort
Verdi0. Evidence. Promissory notes.
Payment. Appropriation of payments.
Hall, J.—1. Suit was brought in this
case on a promissory note and a balance
due on open account. Among other things
defendants sat np payment of tbe note.
The plaintiffs hod a venl'ct and defendants
excepted. The verdict was wrong. It
is clear . from the evidence that
defendants were indebted both
by note and open ncconnt, that they for
warded enough cotton to plaintiffs to pay
the note and directed that it shonld be sold
and its proceeds applied to the note, and
that they were notified that their directions
would be complied with, though the note
was afterward charged into tbe account and
carried forward as a port of >t.
Defendants hod the right to direct the
appropriation of payments. Code 2859.
When they did so in this cote it extin
C. B. Wooten for plaintiff; E. G. Sim
mons, B. B. Hinton, J. F. Watson, J. Dod
son. contra.
Pioneer Manufacturing Company vs. Calla
way A Co. Complaint, frr m Sumter.
Before Judge Fort. Mistake. Defense.
Practice.
Blandfoed, J.—1. It was thought by tho
dge below that this case may have been
tried daring the absence of defendant,
owing to some misunderstanding between
him aud said judge ns to a leave of absence.
Defendant claims to have a good defense.
Under these circumstances, we will not hold
it error to have granted a new trial. Judg
ment affirmed.
N. A. Smith for plaintiff; E. G. Simmons
contra.
guished the note, and while they may hats
afterward acknowledged liability on the OC'
count into which the note bad keen charg
ed, there la no proof that they did on the
note, or promised to pay it, and it is sued
on.
2. It is not decided that the transfer of
the note to the defendant's account, Ipto
facto, extinguished the note, or changed
its character. Code 2867. But we are not
prepared to hold that bank checks
and promissory notes would not
be deemed payment of an indebtedness if
tbe parties so agreed, end, a fortiori, with'
out each agreement or understanding
iromisaory note would not be converted
nto an indebtedness by account by a aim-
tie transfer or memorandum made on plain-
iffs books.
3 While plaintiffs might. In the absence
ot instructions, hnTe hod the right to con
trol the time of selling the cotton and ap
propriate the proceed* thereof, because of
liabilities they had incurred tor defendants
and moneys advanced to meet those liabili
ties, after complying with such instructions,
it is too late, without defendant's consent,
to resort to rights which once existed, but
were converted into a different character by
their agreement.
4. Had this suit been on the entire ac
count, with the note still constituting an
item of the some, the result might have
been different from that which we
think the law compels. It may be
that an amendment of the declaration
conforming to these views would enable
tbe plaintiffs to recover, but this is not de
cided.
5. It is unnecessary to consider other
questions made. Judgment reversed.
8. B. Hatcher, E. G. Simmons tor plain
tiff; Denmark A Adams, Hawkins A Haw
kins contra.
Byne vs. Hatcher. Trover, from Lea. Be
fore B. P. Hollis, judge pro hao rice.
Evidence. Conversion. Principal and
agents. Trespass. Ratification.
Hall, J.—1. The verdict was demanded
by the evidence. The evidence strongly
showed that plaintiff it error actively par.
ticipated in the conversion of the property,
ana that plaintiff below was deprived of it
by his direct and personal partici
pation in this high handed and flagrant in
vasion and disregard of his right*.
2. But if plaintiff in errordidnot actually
participate therein his agent, acting within
the scope of his authority, did, and he '
bound thereby. Code 2191, 2195, S194L
3. While, generally, the principal is n
lurid*- for the willful traopooa of his agent,
yet if it is committed by the command of
the principal, or is assented to by him, he is
Byne vs. Smith. Complaint, from Lee.
Before Judge Fort.
BnADEOED, J.—1. The charge war full
and fair, and the requests to charge were
substantially covered by it.
2. The evidence supports the verdict.
Judgment affirmed. D. A. Vason, C. B.
Wooten for plaintiff; E. G. Simmons, W.
H. Kimbrough contra.
Cain et nl. vs. Ligon,administrator. Equity,
from Stewart. Before Judge Fort. Prac
tice. Bill of exceptions. Service. Evi
dence.
Blaxfobd. J.—1. The bill of exceptions
was served by “E. II. Beall, attorney.”
The record shows that E. H. lieall was tho
attorney for plaintiff in error. The affida
vit of service appears to have been made af
ter the return of service, but before tbe hill
of exceptions wns filed and within time for
proper filing. Motion to dismiss denied.
2. Grounds of objection to evidence must
be specified.
3. Error iu admitting evidence without
objection is not good ground for new trial.
4. The evidence sustained the verdict.
Judgment affirmed.
J. L. Wimberly, R. F. Watts, E. H.
Beall, tor plaintiff. B. T. Harrell, Peabody
and Brannon, contra.
Matthews vs. Bosworth A Jossey. Claim,
from Snmter. Before Judge Fort.
Charge of tbe court. Practice. Discre
tion. Evidence.
Blandfoed, J.—1. As the charge of tho
court excepted to was as to property found
not subject, plaintiff in error, claimant be
low, was not butt.
2. It was largely in the discretion of tho
court to re-open the case nnd ndmit addi
tional evidence. It appears that claimant
had ample opportunity to rebut such testi
mony.
3. The evidence sustains the verdict.
Judgment affirmed.
Hawkins A Hawkins, for plaintiff; J. A.
Ansley, L. J. Blalock, contra.
Irvin vs. Matthews, administrator. Com
plaint, from Stewnrt. Before Judgo
Fort. Usury. Vendor and purchaser.
Lands. Pleading*.
Blandfoed, J.—1. When land is sold at
cosh price and time is given to the pur
chaser upon a portion of tho purchaso
money, and a greater rate ot interest than
that allowed by law, is charged for such
time, the contract is nsariou". 11 Ind. 258;
15 lb., 00; 21 lb. 129; 52 Ga. 09, 59 lb.
516, 581; acts 1878-9, 184.
2. There may be a cosh and credit prico
for land ns well os anything else, and it is
lawful ano|not usurious for one selling land
or other property to charge more for such
property when sold on time or credit than
when sold for cash.
3. But if the contract be that the land is to ho
purchased at a cash valuation, and (hat cer
tain payments therefor were to be deferred
in consideration that a greater rate of inter
est than that allowed by law was to be paid
by tbo purchaser, then such a contract
would be usurious.
4. Hence overruling the demurrer to tho
plea of usery was not error.
5. This is the find grant of a now trial
and we will not Interfere. Judgment af
firmed.
Peabody A Brannon for plaintiff; Willis
A Matthews, contra.
DYNAMITERS ARRESTED.
Ofllccr. of flic Knlglits of Labor Confess to
a Connection With Explosion*.
81. Lora, NovemWr 5.—The police au
thorities gave out this afternoon that they
last night arrested David Keenan, W. P.
Sean, P. L. Burns ami N. Weather and
Master Workman Pinkerton, of the Knight*
of Labor, all street railroad man, charged
with being engaged in recent explocion* on
street car tracks. Another man named
John Shaughnessy was arrested this after
noon, nnd the police think yhey now havo
the entire gang. Th< as men are all strike!*
and Knignts of Labor, and were arretted at
2119 Lucas avenue, from which place they
directed their operations, and where a
quantity of dynamite and caps was found.
They purchased the dynamite in Louisville
with money furnished by the Knight* of
Labor, ostensibly to bay food for attikers’
families, but the police claim to have infor
mation that tb. officers knew it was to par-
cluue explosives. Tbe men have all con
fessed their connection with the plot to de
stroy railroad property, and they will bo
prosecuted to the extent ot the law.
DUMONT'S LOST SISTER.
After Thirty Yean, II. Hears of Her Dying
In an Indiana Town,
Clinton. V. J.. SmcUL
It wo* in 1856 that old Peter Dumont
moved from his farm near Iieadington, in
this connty, to Indiana. His wife was
dead, and he took with him hi* two daugh
ters. His son John wu left here to con
tinue the study of law.
For some years after the family went
West John beard of them and from them.
But soon after the war began ho
could obtain no response to his
letters. He wrote again and again, but
to no avail, and finally gave it up.
Meanwhile he had been admitted to prac
tice, and had married. Hs moved to Phil-
lqisburg, in Warren connty, and wu soon
doing a flourishing business. He dropped
work tor a few weeks in 1870, however, and
went to Indiana in search of his father.
But he fared worse than the Japliet of Jlor-
ryatt'* novel Not a trace could he learn of
his father or sisters, and he finally gavo
them np for dead.
Last Friday, much to his surprise,
Dumont, now a middle-aged man
with an extensive practice, received a
letter postmarked in s small Indiana
town. It wu from a physician.
James tb. Davis. Certiorari, from Stewart.
Before Judge Fort. Practice. Bill of ex
ceptions.
Him, J.—Exception is to refu-od to grant
acertionri. The petition for the writ unot , .
in the bill of exception*, and hence the writ Usbfs. ONtfl* B* BH JidpMMt
of error most be dismissed. | affirmed.
town. 1* sils ueui a puisician,
and said that he wu needed at the bedside
of a dying slater. Tbe letter said tnat his
father and eldest sister were dead, and tho
yonngersister, well along in yean and unmar
ried, would not live long. She had a deli
rious fever, and kept asking tor her brother.
The physician hod learned the address,
and besought the brother to come o j Imme
diately. The letter also said that the sister
had considerable property, which would fall
to her brother at her death. John started
tor Indiana yesterday.
llcn.liirr*.
Washington, November 3. -Acting upon
reports of agents in Indian Territory,
See notary Lan,..r has requi -t. 1 th* War De
partment to remove boomers from the Ok-
hdionia lands. The information eonUined
in agents' reports is to the effect that a Urge
number* of person a. supposed to be boom
ers, but cUiming to l.e freighters, are cn us
ing the Kansu herd* r into Ind:.in Terri
tory.