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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.