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TIIE MACON WEEKLY TE2£(TrAPT!: TUESDAY, DECEMBER 8, 188A^TWELVFM’Ac55! Com pi* lot, from SUPHKMK COURT OK GKO 1U1I A. PooEloiu IU*n<l*T«*<| Tuemlny, Dcci'mlicr 1K H.1. Special K»-port by H-riry C. Peeples. Taylor Field* vh. Ma Car ton, ctal. EJectmu from Dout;li'Tty. Ju<l?;ui*-ut reversed. VT.H. smith vs. O. H. Wellborn. Claim, fr Houston- .1udgment affirmed. W. 15- Phyeioc VH. J. L. She* Bibb. Judgment affirmed. Central Kalina 1 and banking Company va. J. E. KuHHtdl. Cane, from Bibb. Judgment affirmed. Robert Falkner vs. II. J. Behr, Complaint, from Bibb. Judgment affirmed. g. u. Jenuaon va. Southwestern Ilailroad Com pany. Cane, from Bibb. Judgmont affirmed. 1 iVeraon Wd \*. W. l\ Cannon. Breach of war ranty, from Bibb. Judgment reversed. Central Railroad and Banking Co., vh. M. It. Prec- man. Case, from Bibb. Judgmeut affirmed. W. C. Licctte va. tho State. Receiving stolen cood«. from Bibb. Judgment affirmed. b Cha*. O’Baunon va. tho State. Larceny from the - ”**-v Judgmeut affirmed. , vh. Cubbedge, et al. Equity, id tin *•; Ibid .V..»ct aega. bother the law bo *hst the bond wai V'Gd be- ;iven under duress, o.-not, still the, fact of arean was a question for the jury; though us tho bond was given under the order of the chancellor, aa a condition of release, it la difficult to ace how the question of duress can affect It. (a) Whether or not a aurety could avail himself the defence of duress upon tho principal obliger the time of the execution of the bond, where tuo duress was known to the surety at the time, is left undetermined. Judgment reverHed. Hordemau k Pavla, Guatln k Hall, for plaintiff; M. Patterson, C. F. Lyon contra. B. H. M. from Uibb L t affirmed. E. C. Grannlss. Equity, dgment affirmed Georgia Bail road and Banking Co., vs. Cubbedge, Hailelmrst A: Co. Complaint, from Bibb. Judg- ment affirmed. Davis k llatcher va. Central Railroad and Bank- inii Company of Georgia, et al. Complaint, from lbbb Judgment affirmed. Singer Manufacturing Company v*. Lancaster, et j Complaint,from Houston. Judgment affirmed. H M. Allen vh. Napier, et ah executors. Eject ment. from Bibb. Judgment affirmed. Gibson vh. l’utterson. Non-suit, from Bibb. Judg ment reversed. _ yields v*. Carlton et al. Ejectment, from Dough- ertv Beforo D. A. Voson, Judge pro hoc vice, pre hiding. Equity. Remainder. States. Admin istrators and executors. Husband and wife. Contract*. Improvements. Practice. T.fiihOK, C. J.—1. Where by will of a testator an rstate in remainder was left to certain of hia chil- .itvn defendants in error, which estate covered tho land in controversy and other lands, and the land jti controversy had l)een conveyed by bond for titles by testator during his life to one Meeds and Hart of the purchase money remained duo after tes tator's death. Moods being in possession, and the wife of testator was his executrix, and i, I8rt8 married ono King, who took !,.it letters of administration, not cum ^amenta ona«o; and said King as such administrator employed Bower, au attorney It law to recover the property of the estate, agree- T.,„ tn irive him half of what he recovered, and to give him half of what he recoveredrand Bower by contract with Meeds had a delivery of tho und In controversy to thesaid administrator, and 0 # the notes to Meed* (as Mceda asy* an agreement fnt tho cancellation of the trade, or as other testi mony is that the lots should be sold by the admin istrator. the notes paid ami any surplus to be paid to Meeds); ami the administrator at public »alo sold the Und to Bower; and Bower made a deed to one- half to King and then hail King convey to hts wife or relinquish title to her on hia ascertaining that King individually had no interest; and Bower. King mnd Mrs. King conveyed to Fields, the plaiutiffin er ror, who went into iH,h«es»slon and made valuable improvements. Held; 1 The right* of the testator were to enforce the collection of the notes made by Meeds, or sue in ejectment snd recover the Und*, when Meed* could have tiled his equitable plea; and the legatees in remainder could have no greater right Against ™While the leit* rs of a 1 ministration granted to King were void, still on hia marriage with the exec* utrix her letters abato-l and her husband had the light to proceed with the administration of the estate until it was otherwise provided for; he had the right to mako the contract with Bower, and when the land* wen; recovered under tbU contract one-half interest |tIn rein went to Bower, by virtue of the arraugement with Meed*; that arrangement amounted to Meed* authorising King to Hell, or have the land sold, and the fact that the sale was K * ‘ip can make no difference, ao that the sale by to Bower amounted In effect to a sale by Meeds to Bower, a sale which though made by King as administrator and not as representing the executrix should not destroy all the equities of *n innocent purchaser.' While, therefore. Bower, who bought at the sale and sold to Fields, acquired no strictly legal title, yet he did acquire what actants ♦ > w perfect equity to one-half of these lob* agaluat these plaintiffs, and when ho conveyed to 1 ields be transmitted his equity, and as Bower held under a sale made by one Hubstantially Meeds’* agent. Fields la in privity with Meeds, and tho fac ts make a successful de fense for him to one-half of thU property. 2. Ah to tho other hair Bower had no title legal or equitable; he paid the estate nothing for it; be made a tie *1 to Mm. King virtually, but he did nut rocover this Und for her except ror her life.and this conveyance transmitted nothing to the plaintiffs who held in remainder. Therefore his deeds to Fields did not convey this other half, for he turned It ell over to Mrs. King, and she was only entitled to a life cm Lite and herconveyancc to Fields Is only good to that extent (a) W e cannot see that Fields has any right to set off the improvements he put on the half of thees* tate not his own In equity beyond setting them off against tbeiueiiMo profits. X The exclusion from the jury of the evidence touching the h. ttlement with Meeds was error, as wells* th* denial of a new trial on account of the discovery of tho memorandum in writing of that settlement. 51 Oa. KI and CO Oa. 804 cited and dU* tingnlshed. 4. When the court i* requested to pnt hi* charge in writing, all should be in writing, and an oral submlsriiui of the issue* violates the rule; nor will the caution to the jury not to regard what la orally said if it conflicted with the written charge, dc not euro the error. Judgment reversed. R. P. Lyon*. D. II. Pope, for plaintiff; Smith Jones, (Mi. W ooten, contra. Smith v«. Wellborn. Claim. from Houston. Bo- fore Judgo Simmons. Evidence. Claim. Fraud. Notice. Practice, charge of the court. Jackmos, C. J.—1. The verdict is sustained by law and evidence. •J. it u i* not« m>r to admit la evidence the re cord of tho garnishment suit, to defeat recovery on which U was alleged th« conveyance to claimant was made by the garnishee, to show its beginning, its duration and termination and thus fix notice on the claimant. J. Ah the fact that defendant In execution bail stripped himself of alibis property to bis two son. in order to ke,-n hi* creditor* from getting at It. went to the very vital* of the ca»e. itwaa perfectly competent to chow that part of the property had been cuu»eved to a soil, other than claimant, and all tbs circumstances attending the transaction with him a* well as with the claimant. 4. There wan no • rrorln allowing counsel for the principal debtor In the case in which Judgment was Cad Sttalti - u. \ to participate to *xair u ‘ log »■» such debtor waa as much Inter ,-d in finding the property subject as pUintiff In t X y Advn etTf counsel to client in regard to the •ItM to take to ••••** ta immaterial, what coon* M l oathe other Mi lo wild to tha Jury touching that adv ice la not certiff-id and not considered. C whflgi etoimant admits the possession of de- fendant in execution, he cannot disprove that ad- ml—>n>n. Un ugh he may cobtrovertthe effect sought to 1m- riven it. An a*lmis«ion with reservation < right t, disprove it amounts to no admission; but aeted onauSoounssl get* theeoodoston thereun der. it will lx held as a food admisHlon. fl» Ga. MOt Royce k Co. et ah ve. Gasan. ThU terra. 7. Where the court has put the law touching the fraujuUnt intent of lb. J't'udiat MIrud cl«riy. and tl.« n i • * on to put the iv-uo of ndttoh thereof to the claimant, ill* not err r 11 use th*£U> r **"*°B* “Yun mcs it ia carried down to that point. ’ It inti* "‘I 1 ' a“,'hi‘ ‘"tiislIf >d*f>n.l»n» In.iKnUonh^l, nendiux iih.iUon. >«li Jj ili.... him from invUu* Ibriretalmonjof bln.. It..- .all would bo 'dd “ to .“ ,n ; and If lb ■ rut- <■*»•* *• lb. Ume b. bouKhthad naaoul b pnmnda b) in.i.i.1 Uial iU.li wa. Ui. id.j.s t the w.!. would alaobo Told a» to auebpur- Phy.iou r«. Kh.a. Complaint from Bibb. Before Judge Branham. Conduct of Judge. Juries. Master and servant. Jacamow, O. J.—1. The re.nark to the Jury by the ■ udge, after they had been out all night, in regard .o allowing them their meals only at their own ex* peuae. was erroneous. Code 3947; 37 Ga. 195. 9, The verdict la not supported by the evidence. Tho evidence sbowa that the employer would have been justified in discharging the employe for drunkenness and atber misconduct, and of that discharge the employee would have no right to complain and he cannot certainly complain at a reprimand. 1ln JF did “ ot Permit the consideration i u,,tifl caUon, they maybe amended. Judg- ment affirmed. B. U. Jemlaou for plaintiff; Gustln & Hall contra. Falkner vs. Behr. Complaint, from Bibb. Before Jugde Btmmoni. Charge of the court Charae ter. Evidence. Jacesok, C. J.—l. The evidence supports the ver dict aud It in not contrary to law. ?’ ^ charge need not be lu the language request- ■ui)sinde° U0U ^^ ^ B t5n °f*i charge gives it in ♦»iS? le i U ? of . tUe , word » “l^lBve proof’ shows thrt the judge simply meant affirmative proof aud mnst have been so mideutood by tbe jury. 4. The general character of plaintiff was properly brought in issue by himself tu the evidence, be cause it was involved in the charge against him put lu iiume by tho ploulinitH. ImlW vi. DuBote, this term. Judgmeut affirmed. W. Dessau, liill k Harris, for plaintiff; Harde man k Whittle, L. N. Whittle, contra. Jeinlaon vs. Southwestern Railroad Company. Base, from Bibb. Before Judge Simmons. Evi dence. Non-suit. Dogs. Damages. Hall, J.-l. The facU show that the killing of the dog could not have been avoided by the use of or dinary care aud diligence on the part of the de fendant aud a non-suit was properly awarded. 2. A dog Is not property except in a qualified and restricted sense, and for certain purposes. The owner may maintain trespass for its being wantonly and maliciously killed, but he cannot maintain case for its unintentional though negli- S ent killing. Code 4402; 5781; 62UG; 3042; 3033; 10 Licli. L. It. 52. («) Dogs seem to have no market value and tho rule of damages in the c*;«e of livestock killed by running of trains could not bo applied to them. In case of their wanton killing general or exemplary damages could be given. Judgment affirmed. B. H. Jemison, for plaintiff: Lyon It Gresham, contra. Lord v*. Cannon. Breach of warranty, from Bibb. Before Judge Simmons. Courts. Jurisdiction. Bankruptcy. Ejectment. Parties. Direction. Hall, J.—1. Where both parties to a suit in the United rUates Circuit Court were citizens of the same Htate, if this had been tho only jurisdictional fact set out lu the pleadings, they would have shown upon their face that the court had no juris diction, and if tbe controversy was one respecting the title of land simply and without more than tbe same result would have followed, uuless grants thereto had emanated from different .States. Con stitution United State*, article 3, section 3. 2. But where tho plaintiff in the snit to recover certain land bad been adjudged a bankrupt and the land in controversy was contained in the proper schedule attached to hl§ petition and waa set apart as au exemption to him under that proceeding, his right to possess It arose directly under the consti tution and laws of the United States, and the United States Court had jurisdiction; and it is immaterial as affects that Jurisdiction that it waa levied on by . process Issuing from the Federal Court four days previous to the adjudication upon the petition in bankruptcy, and was sold by the marshal on the 2nd of March nearly a month after the adjudica tion. and was purchased at that sale by defoudant in error. When the sale waa made the land was in the cus tody and under the exclusive control of the United States District Court. The question, therefore, necessarily involved in the United States Court re ferred to was whether tbe sale divested the title of the bankrupt and conferred it on the purchaser at said sale; and the waa one arising solely and exclusively under pro ceedings and judgments rendered by the courts of the United States and rendered in pt-nuance of tbe constitution and law* of that government. Con, U. S. art 1, sec. H, par. 4; U. H. rev. stat. sec. 711; 71 Ga. 71. 7A. 77 and citations; 111 U. H. Rep. 538; 99 U. 8. Rep. 547; 5 Bawyer 39; 0 Wheat 878. (a) Whether counsel be right or not in their posi tion that the suit in the United Btates Court pro ceeded on tbe title of the bankrupt aa it existed be fore the adjudication, and waa not affected by the fact that the land was exempted of the sale, that waa tbe very point In controversy in the United States Court and was decided against the defendant in error, and he ia bound by it. 3. The defendant in error here was the warrantor of the title of the defendant In that plaintiff lu this case; be bad notice ‘ t0 K° furl) meal worth *t» ra<-h. tho Batin- bn .property of s. B. Jaque the samo having 1 oniously stolen, by some party unknov stealing of - lid meat being from a railroad ter said thief or thieve* had broken open t! said car being on the side track of tbe Cent road and Ranking Company of Georgia, he. defendant, knowing said goods were etol he bought or received them from said thief. Held; 1. The indictment is sufficiently t _ a&d correct, iifffM ‘ho offense substantially in the language of the code, Code 4(128. 2. Where tho principal thief Is unknow furnishes a sufficient reason why ho car taken and prosecuted to conviction. 4 Ga. t( code 4488, 441-9. 3. A felonious takings* well as theft was distinct ly charged by tho indictment against tho principal | Imd b< indebted tt ‘J. Tho r motion for a : and gront a n also exprt ssl) 3. Records ns in this cas 1iideal I of questions ness and ret: thev should c uotbo I ratWe form. ’•5.473; | Tlwnuns Willingnam, for plaintiff in er- or; M. G. Bayne and U. M. Holtzclaw, ontra. C nil jinny. md power of a court, on ■v trial, to review its rulings trial is inherent, and is ranted. Code sec. 3718. urald not bo encumbered, with stenographic reports eiuMtsel, answers of 5 •ks of court and coun tain tbe evidi Judgment alarmed ; in a mir th* dnty of defendending it, employing counsel for the purpose. Be was. to all intents snd purposes, vouched as the warrantor of the title and called on to defend that anit and whether he acted on the notice or not he ia bound by tbe Judgment. 00 Ga. 124. 126. 4. We ere asked that, as if this case is decided r ist the defendant and In favor of the jurlsdic* of the circuit court oftbe United States, it will cut defendant in error off from an appeal to tbe Supreme Court of the United States, we give aucb direction ae will enable him to avail himself of this privilege, but we are not willing to do so, and can not recognize such a rule of decision. Judgment reversed. J. W. Lindsay, Hardeman k Davis, for plaintiff; Dcsron, Bartlett, contra. Til. evidence ww mieh u Mthcrte th. eonrt to pul Ufurr the Jttij I lie te«i* wU«th.r the whole ■LfrElrwiw n.1 end booeet or > ni.re .Umiudlo MV Li them Ilut "if cUim.nlili.1 not I»y my ,.i P*M U>c Money width. ..-k—then it U no trule. H '’'lO^TOechug**.. foil, eh-r widthere m no t rr.ir tl tTrill JuJjnQSfiiiflfiBMJ• II rson for plaintiff; Hill •*» Harris, Dun- can & Miller. Hardeman k Davit contra. Gibson vh. Putt* !■-• n. Non mi it, from Bibb. fore Judge biiimiiH. I vld-!.•••. l*n sumption. — iin«,i i»ivtTt-«-. Alimony. l>ure«s. y. (Ja< k*" i. C. J. and Hall. Jacksok, C. J.—l. The law in respect to checking a train in passing a crossing applies to crossings on a street in a city, as well as to country roads. (<t) It is urged that the Htate has transferred to the city the right to regulate the running of train* of this road through lu streets, but it appear* that the city has not exercised this right and the general law must govern; though it ia doubtful whether such a regulation, if adopted, would supersede the general law. 2 The verdict waa sustained by evidence. Judg ment affirmed. Lyon k Gresham, for plaintiff; Gustin It Hall contra. Central Railroad and Banking Company vs. Free man. Case, from Bibb. Before Judge Hutchins. Railroads. Damages. Passenger*. Charge of the court Negligence. Verdict Hall, J.—l. The court committed no error in stating the issues to the jury, when he Informed them that the plaintiff claimed that the injuries re ceived disabled him from performing bis ordinary labor—this made one of tbe grounds of damage, if not in the original at least in the amended declara tion. 1 The chug, ciccpted to In the Mcond ground of the motion u uliltd to uul qnUUted by tho far ther charge of the court wu not ernmeoo* th. auction of ncgilgrac being fairly and fully rab- mitted to tho jury, and tb«y Inatructed that thay only could find tola fact. S. Tho Jiiwi'o did not aapcM. an opinion aa to what had ben proven, and to my, tn stating the Iranca, that a party "brine, evidence to .bow," ia not an aOnnauon that It doaa .how tho 4. There waa no error tn etnUng that the defend ant ae n common curler was bound to nee extraor dinary diligence to transport passenger. aaf.ly mod aawullae against the receiver, but if it had not be charged in terms this would not have rendered the indictment insufficient 4 Ga. 600, 673. 4. The indictment does allege a distinct offense against the principal thief; ho ia charged with breaking open and stealing from a railroad car. and tills is felony. Acts of 1083. p, 133. Nor was it material that this defendant should have boon charged to have taken place in Bibb county, hts offense though It results from, la. In this reipcot distinct from that of the principal. 4. The evidenceeuataina the verdict Judgment affirmed. Lyon A Gresham, for. plaintiff: J. L. Hardeman, solicitor-general, contra, Allen vs. Napier, executors, etc. Ejectment from Bibb. Beforo Judge SimmonB. Possession, Bond for titles. Bi.andfoiid, J.—The possession of de fendant in the court below was not adverse, ns it was not in his own right. At best he held under bond for titles, with the purchase money unpaid, and had purchased the land belonging to an estate from some of the ex ecutors as individuals, afterwards acknowl- iug the title of the executors as executors, and offering to rent the land from them. Judgment affirmed. It. W. Stubbs, W. H. Wytiy, for plaintiff; II. F. Strohecker, by W. JJcssau, contra. Georgia Bailrood and Banking Company vs. Cubbedge, Hazlehurst & Co. Complaint, from Bibb. Before Judge Simmons. Bankruptcy. Discharge. Fiduciary debt. Fraud. Embezzlement. Blandfobo, J. — 1. Where certain securities wore deposited with de fendants to be disposed of and their proceeds accounted for to plaintiffs, and after tho same had been sold, but before the proceeds were accounted for, tho de fendants were adjudicated bankrupts and afterwards finally discharged. Held, the debt was not a fiduciary one in the sense of the bankrupt law, and the discharge re leased defendants therefrom. Ill U. S. Bep. 070; ‘J llow. 202; 1)8 U. S. 704; 09 U. S. 1; 114 TJ. S. 555. 2. No positive fraud or intentional wrong on the part of the defendants was shown, and without this there is no em bezzlement or larceny after trust. 50 Go. 210. Judgment affirmed. Hill k Harris, for plaintiffs; Lanier k Anderson, contra. Harvey, trustee, vs. Cubbedge et. al. Equity, from Bibb. Before Judge Sim mons. Trust estates. Minors. Vaca tion. Chancellor. Corporations. Assign ment. Blaxdfobd, J.—1. Under tho net of 1854, code 4221, 2, 3 and J, and before the act of 1876, when application was made to a chancellor at chambers for leave to encum ber trust property, it was not necessary to serve infant ctntuia que Imalent with tho petition or bill, but guardians ad lUein could be appointed for them without such service. 66 Ga. 647; 68 Ga. 493. 2. This decree can ho sustained upon the grouud that the debt incurred was for money advanced for tho benefit of the trust estate, oven if the order were void. 33 Ga. 232; 7 Ga. 70. 3. Tho deed of assignment having been made while the coijioration was alive, it passed title to the assignees for the benefit of creditors of the corporation. Debtors of the corporation could not at tack it. 87 Ga. 611; 30 Ga. 580; code 1688, 1699. Judgment affirmed. Lyon k Gresham for plaintiff; Lamar k Anderson, Hill k Harris contra. II. M. Comer vs. E. C. Grannies. Equity, from Bibb. Beforo Judge Simmons. Fraud, confidence and concealment Blaxdfobd, J.—l. Complainant through an agent bought of defendimt certain shares of corporate stock. He alleges in his hill that defendant fraudulently concealed from bis agent the real value of said atock, know ing that the agent was ignorant thereof and rejKMted confidence in him. The facts Tail to show aetnal or construc tive fraud in defendant; no artifice is shown to have been practiced by him whereby agent of complainant was deceived; ho was guilty of no act of omission or commission contranr to legal or eqnitable duty, trust or confidence justly reposed, which was contrary to good con science nnd operated to the injury of com plainant; defendant suppressed no fact ma terial to be known or which bo was under obligation to communicate; thero were no confidential relations between the parties, and no particular circumstances in this cose requiring defendant to intorm complain ant's agent as to the values of this stock, so as to bring defendant within provisions of c. 3175 of the code. 2. What the agent was ignorant of, his principal, the complainant, well knew, and if ha failed to communicate his knowledge to the agent, he is guilty of such negligence and wont of diligence as s court of equity will not relieve him from. Code, section 3,126. 3. Ignorance of a fact known to tho oppo site party will not justify the interference of a court of equity, if there has been no misplaced confidence, nor misrepresenta tion, nor other fraudulent set. Code, sec tion 3,126. J udgment affirmed. Jackson, C. J.. not presiding. II. B. Tompkins, Bacon k ltntherford for plaintiff in error; R. F. Lyon, contra. Davis & Hatcher vs. Central Ilailroad and Banking Company et al. Complaint, from Bibb. Before Judge Simmons. Practice. Blaxdfobd, J.- -L Where in a euit against two railroads for the hilling of a bull on tho track of one by the cars of tho other, it was shown that tho servants of the latter used ail ordinary and reasonable c and diligence to prevent the jury, when the court required tho plaintiffs, over their objection, to tied which road they would proceed against, and discontinued the case as to the other. Held, that while tho defendants may have been properly joined in this action, the di rection given by the court, in no manner hurt the plaintiffs, they having elected to proceed against the road by tho cars of which tho injury waa done, and tho jury having found for that defendant. If that road was not liable, the other could not be. 2. After tho nrgument had beon begun; plaintiff offered to recall Davie, who was one of plaintiffs and hail testified in the case, to prove how the train was being run at timoof injury, counsel stating he did not know of fact till then; defendant ob jected because his witnesses had been dis charged. This objection was properly sus tained. 3. The failure of defendant to introduce the fireman, who was present at the trial, docs not farnish a good ground for new- trial. Absence of the fireman might have au thorized an inference against tbe defend ant; failure to introduce him, he being present, did not authorize such inference. He was open to the plaintiffs. Judgment affirmed. Hiil k Harris, Felton k Baxter for plain tiffs; Hnrdeman & Davis, J. B. Gumming, Lyon k Gresham, contra. TIIE SON OF DEATH. to protect than from injonr, and that when a altjr occurred it would anthortaeaninfMraeatbat OSD. J.—1. it wu occasioned by the defendant's negll*»nee. ss.fs.'ys; Licit. U., 7(77 6. Tho court did not (to ootalde of the by the pleadinca in chuiinf that it wu the duty of M it »i t\ and eiiretr (Jacke*»d, C. J. and Han, i defendant to provide a safe track, comfortable can, a, J i-t. w.,rt i n .'. ■ fendant for the naeof defecllie machinery In the running and on of ita road. cars, etc., wu clearly pointed out in the charae. 7. Venue sad general exceptions make no it of law that emn be paaeed upon by thla eoort. s. The verdict of the Jury orera every made by the pleading. Coda 366*; M Oa. 6s»-, 3661; 70 Ga. lot, 417. ml W here several plau art ated and a verdict for defendant it ehonld specify on what plee 1 tie hated, but the verdict being for plaintiff the presumption te the Jury intended to iud against all the plena The charge at lbs court on the question of set- tb neat, rte..wu full, clear and eipltciL He did not Instruct the Jury that they ehonld And eepante- ly u to the different kinds off iterae going tn make up the damages claimed by pUintitf, and II ha had dona pn we think he would have committed error. to. The verdict was eunported by law end evt- .1. nee. Judgment aOnncJ. Jackeeu C. J. eon* ' lo.iTon-'iam. A. B.Lawton fcr plaintiff; liill A Hem-. Daeon k Batnerfnrd contra. Lteette t». tbe State Bee-riling stolen p>o<U. from Bibb, before Judge Himmona. Criminal law. re recital of the bond, enc.1 II i ,i i„ .... that the arr. -t (t-* relieve from h the I- ml given). »»« m ote on nhUlewte LU appealing that it wu made by virtue of the r of toe chaneeUoc. whs net even pr.'ne^o'*- ■nee that it wav illegal. e presumption In favor of the proper conduct oirt- and lu.li* iel < oilcere acting within their le- n.. -i I ore (i off*... i, in JTAt}.operates in fetor ,,!.. ...lity of that pro Miglnff, and, If not eon- ,,'Tftri urtolmiy cast upon the defendant innl. n ut showing that It wu HI«AH SSStns shown to Ikte cue Oat the hunt I for elti tiling th< tiancellor, on -rtainty had ..cd for com- O Bancon vs. the Htate. Larceny from the house, from Bibb. Before Judge Him uoijh. Intent, lteception of verdict. Blaxdfobd, J.—Ilia not error for the court to say, in reply to inquiries from tho jury, “The only question ia whether he took it with the intention to appropriate it to hia own use, or whether she (tbe owmer) consented to Us taking it H he took it privately, witbont her knowledge or con sent, then it would be larceny; if sho gave it to him, or agreed for him to use it, then it wonld not do larceny.” Nor wonlil it have been error, had the coart instructed the jury that “if the accused took the nng witbont the knowledge and consent of the owner and afterwards appropriated tho name to his own tuc, then he waa guilty of larceny, as the jury would have been authorixed to infer that he took tho ring with intent to steal the same.” It wu not error to receive the verdict when the prisoner's counsel waa absent, the prisoner being present. Judgment affirmed. B II. Jemisi 11 for plaintiff in error; J. L. Hardeman, solicitor-general, contra. Sing, r Manufacturing Company vs. Lan- <1 - ter c t itl. Complaint, from Houston. B fora Judge Simmons. Blabdiosii, J.—Where in a suit on an obligation trader sent each defend..tit pleaded » - ■ fartn ... it was err. r for the court to instruct tho jury as follows: “I Ut .ill the M I. If. ' Olid ». If •;.. that whether Mr. Lttne.i-.nr, Sr, nr Mr. Davidson signed that paper nr whether either on,- of them did; if you find that either on nf them did, Tile Cute Trick bn l'layed on Ills • Ghastly Father. Now York Times, Thoro is a quaint Northern legend which tells of a certain prominent lad—presum. ably a young doctor—whom death himself adopted as his own son, and instructed, strange to say, in vorionH secrets of medi cine, which inndo him the wonde* of the professsion. With those valuable teach ings, however, the proprietor of the scythe and hoar glass coupled a grim caution. ' ’When you see me standing at the font of a patient's bed," said he, “yon will know that ho may possibly recover, end then yon can proceed to apply your remedies without fear. Bnt if ever you sco me standing at the head of tho bed it is a sign that the sick person is doomed to die, and then yoa must not f tresumo to interfere between me and my awful prey.” For some time the yonng physician prospered exceedingly, and con formed so strictly to his adopted father's rules as to call forth the skeleton monarch's ooldest and heart!eol t|wffihillfle., Bnt at length, in an ovil hour, he was called in by a wealthy merchant whose case had been given over ns hopeless by several doctors of note. Our hero entered tho sick room with his usual confidence, but his heart instantly sank into his pocket—where, indeed, it was generally to be found—as he saw, erect at tho head of tho conch. Death himself in all his tenon, holding np his akelstoo fors- finger in gloomy warning. " 'Hdcath 1” muttered tho good physician with invol untnry appropriateness, “this is a bad busi ness. The sick merchant hearing this dis coaraging verdict, frantically implored him not to give np the cose, offering him half his fortune in the event of succees, and what was quite as much to the purpose, the hand of hts daughter, a very pretty girl of 19, whose appearance had already attracted onr inflammable doctor as she glided in and ont of the sick-room. Thereupon the ingeni one youth, struck with a bright idea, sud denly whisked the bed round so os to leave Death standing at its foot, and then, promptly applying his remedies, saved tho patient. lly the Way. Whene'er a man an office sacks. Ue'a oft compelled to roam; But when an office Make a man. U always finds him home. —New York Journal. ■Oh, straighten the toes of my buried leg," ia the title of a popular song in Ana trulin.—New York Tribnno. The short-hair craze among women is subsiding a great ileal fnster than tho hair will grow ont.—Lowell Citizen. An English magazine asks: “Why lias art declined.''' Perhaps art has never been properly invited.—New York Graphic. The season is almost hero for reprinting tho poem on “The Beautiful Know. Now is the time to get np clubs.—Lowell Citi zcn. “You must do your work well,” said hotel keeper to the cook, “for the repu tation of this house is at steak.”—Lynn Item. “Why, it's the most strengthening food you can eat " “Precisely, but I don’t want to be tied to the steak all the time.”—Boston Budget. “Uncle Tom’a Cabin” companies are headed this way. The fall season always brings sorrow to sotnbody.—St Albans Messenger. What a merry spectacle tbe spoils bnll will present when it has fiercely fixed its horns against the cow-catcher of the reform express!—Philadelphia Times. An Ohio man was fatally poisoned by eating mbit pic. It must be that there has been a deal of rabbit pie put in national politics of lute.—New (means Picayune. A young man tried to overtake a car block away with something less than dozen lengths of stovepipe in hia hands The car won by six length*.—Burlington Free Press. Yon have to call (or a sukerhei tstnndstickor in Hweden when you want n match. Ustt ally it ia daylight before you get through, and yon don't need one. The Sweden arc very economical people. —Somerville (Mass.) Journal. A Nebraska girl who waa helping he mother on wash day liecame suddenly fa- tigued and went into a comatoac state, from which ahe has not arisen in three weeks. This ia a powerful argument against young women having anything to do with wash tuba.—Roche .ter Post-E medium not forgetting to collect $1 from etteh person in attendance. Qnite a number ,j; j of citizens have 1« eu worktd up to a high pitch, si veral being on thevergeof insanity over tho adroit munn- r in which he brought tlm so-called spirits o£ their departed •itd,. Several skeptical young men at- nded the s.-anasa Saturday night with the termination of exposing what they con- 1 a palpable fmnd. Aeccrdingly one of them managed to secure seat neat tho cabinet from hich the spirits materialized. The clothing of the medium waa sewed securely a choir in tho cabinet, the circle funned d the lights turned down. .Soon the spirit of the father of ono of tho company is materiazed and reached out to shake nntls with ltis son, wlteu the young man nr tho cabinet grappled w itli rite messen ger from tho other world and threw him to the floor. Tho believers immediately burled themselvcB niton the daring young man, upon which the other skeptics took a hand in the affair, and for a while pandemonium reigned, with tho spirit believers and un believers rolling on the floor of the dimly- lighted room. The lights were at length turned np, when, to tho amazement of the believing circle, tho materialized spirit 3roved to be tho nted 1mm in an exceeding- airy nttirs, w hile the clothing out of which I10 had slipped remained sewed to the coir. Tho indignation was great among the Spiritualists, as well as others, and tor and feathers were strongly talked of for a time; bnt Anally cooler judgment prevailed, and a warrant was sworn ont for Wyman’s ar rest for obtaining money nnder false pro tenses. A hearing waa Lad before Justice Baird, Wyman pleading gnilty, nnd in do- fault of bail ho was remanded to theconnty all to await tho action of tho grand jury. tVyman is ono of the most noted mediums the West, being tho chief medium nt tho recent Iowa State Spiritualist camp-meeting in Clinton, and coming to this place from Evanston anil Chicago, where he has been holding Bnccessfol Bennces. JUMBO ON IUS I'Kl.T AGAIN. 'osed as in Life, 'With Honrs of Iron, Ribs of llasswood nml Mild Glass Kyes. Rochester, N. Y., special to the N. Y. World. The World correspondent visited the museum of Professor Henry A. Ward, tho scientist who is perpAring the skeleton of the mammoth elephant Jumbo, and is also making a model of the animal, the largest work of the kind ever attempted in this country. Tho model will not be finished Aiitil next spring, although it was at first calculated to havo it completed in two months. At tho present stage of tho work Jumbo looks like an elephant mado of lath, although tho shape of tlio body, head and limbs is remarkably perfect Tlio animal stands on a frame of heavy oak timbers bolted to gether, in a position as natural ns in life. Two iron rods, each of two-inch solid metal, run through each limb np into tho the body, where the framework or the great bleast is constructed. This framework is composed of more iron rods and oak tim bers, bolted together in the strongest possi ble manner. Tho rods and framework ex tend into the head and upper part of the trunk, tho rods really taking tho place of bones. Upon the framework is nailed inch* square strips of basswood. The general shape of tho nnimnl depends largely upon tho manner in which these strips nro placed and tho different lengths they nro cut to. Although nt first gl tho elephant nppears to ho mode of lath, a close examination reveals the really artistic work which has been done in shaping it, nnd tho wonderfully strange way in which tho parts havo been made. Tbe hide is in two pieces, and it will require much stretch ing to place it over tho model, although that is as near Jumbo’s original size and hhnno us it is possible to mnke it. The tusks will bo of ivory, screwed on iron rods project ing from tho head. Tho eyes will be of glaKs blown especially for tbo purpose. They will bo tho natural Hize nnd color. The building for constructing the model had to be erected expressly for tlio purpose. On tho ton of tho skull is a cavity over two feet in width and in some places nearly «ix inches in depth. This wn . the wound, if it can be called such, which was inflicted when tho locomotive struck the great beast. Tbo lower jaw and other fragments of tho skull will be united to this portion when the skeleton is mounted. In a building near by the bones of the skeleton are placet! ready to be united. DISFIGURING H!()fch(‘s.Humiliating Eruptions, Itobin^ Tortures and Loath some Soros Cured by Cutfeura. .-I llfclf i*•<*. and ALEXANDER REACH. are tho hot blood i lured. I refer to drugjii” D. C. Monte'inory, 1 "tli Smith, of Lako Loo, Minn Greenville. mIhe. A Terrible Skin IMsotvse. I have tried for eleven yean to have my wi ired ofaterribh skin dta-aso. TheCuticnra Itai 1.' ' « III I'll.- 1,1.. 11. 'A' I !• . I pui lilt terually. and Cuth uni, the :it nki» < are. ai Cotlcur* Bonp. an exquisite -1 mi Drautificr. * \U nally) havo done in hix wi elts wLr* 1 ha\e tried f eleven years to have done. You shall have tho vn ticulara as soon as I can rfre them to you. ami \ ■ ■I! ’-vr...\ i '. ' ,! | .ii: « . t’ < .•,.!» • v benefit you a MaysviUe. 1 the r odics will . Tetter Finally Cared. Having m»ed your Cutlcura Remedies for < iRhlec to get It to sell on commission. It beyond any remedJort I hm\n evc» U'o *etter. burns, cuts, etc. In fact, it la the best modlriuo I have ever trlod for anything. R. B. HORTON. Myrtle. Miss. Cutlcura Remedies are a positive cure for every form of akin and blood disease-*, from pimples to scrofula. .'Sold everywhere. Price: Outicurn, 60 cents; Resolvent, $1.00; Soap, 25 cents. Prepared by the Potter Drug aud Chemical ('o.. Iiosh i, (ass. Send for “How to Cure Skin l>i « T( \ HUTT'nQ Pimples, Red, Rough, Chapped and VJIlUDOi oily Hkin, use Cutlcura Soap. I I; I -1 W IN*. M \< 11!M IS I Hi: *’(t.i‘44* , of Uterine Pains and Weakness. Por ' ~ ' r I l .. ... Kidm y Pains, Hctatica, Chest Pains, WcaknesH and ^Inflammation, tho Cutlcura Anti-Paiu rl* infallible. 2-V\ SUFFERING WOMEN. Bend AVlint tbe Grout Methodist Divine nml Eminent IMiy- clan Says ot DB. J, BitADFI ELD’S Female Regulator! ATLANTA, OA., 1 * binary 2t. 1RH4. Dr. J. Dradfleld— Dear Sir: Some fifteen years i I • ■.tli:i*'* Itl.* r< . i; • t l I t in tl. II. ml.itor,anti ■ .in Lilly sIm.J.i I .tilth..nil.t in x . ;•’■) t.. ,1-. « om nonentat and then, as well a« now. prom uoccd itt<» be the must scientific and skillful (omhinathm of th. r. .lie n lu).!.- r. iu. dial v.-p-tuble ag.-nb. known to n<l u. •’ t<» a«-t directly on th*- womb und uterine organs, and tho organs and parts Hympathi/.ing d»- r* tl\ with th. -«• part*; and, therefore, providing a np. t-lflc remedy for all di- a-cm of the womb, and of the n ijacciit organ* and parts. Your* truly. JESSE BOR1NO, M. 1>.. I>. 1>. C^TJTIO^r. Tho country la flooded w ith quack nostrums eon taining IRON and other injurious Inpredienle which claim to euro every thing—even Female Com plaints. Wo nay to vou, If you value your life, bt - Bradfield’s Female Regulator ! la * purely vegetable compound, and in only in tended for the FEMALE SEX. Fur their pci ulnar tl < .t it i* an ali-ohm SPECIF EC. Short llair In Washington* Washington Letter. Tbe short hair craze has struck ‘Washing ton, anil remiHvlvania avenue of a bright afternoon is filled with the daughters ol noted men who walk along the nidewalk dressed in sealskin cloaks, fine dn sse* nnd nobby hats, under which the hair, cut like that of a boy, shown forth. Some look better for the change; others are made hor rible by it. A pretty girl looks well with short hair, and her* plmnp, rosy cheeks, round, fall, soft white neck and jauntily poised head on a pair of good straight shoulders are brought into the more strik ing contrast by the rakish cat of to-day. The thin, scrawny, scraggy-necked girl, however, looks thinner scrawnier, scrag gier than ever, and the ualr daughter* of some of the Benatorn and Representatives attracted leas attention nnd appeared to much better advantage under the old cnt. Fashion rules Washington, and beforo the the setKon is over thero will l>o a lot of natural hair switches for sale cheap. Tie MbM Ik M ONEY! A dollar saved i made, becanso you * equal to two d-ilium don’t have to w ork for it. B. Small, with largely incremu d facilities foi doing business oners himself to the rnerchnutH and planters us a mediun through which to make their purchases. I la eon & Ha He Meats! HIDES, 8H0ULDHB8 AND HAMS, CORN. MEAL, SEED OATS. HAY, BRAN, FLOUR, TOBACCO. CIO A US, and i vi rything E jit and Provision Store. SnuccH for tin* ClirUtums Piitldimr. Ladies’ Home Journal. One and one-half enps of sugar, three-1 fourths cup of batter (light brown sugar is best), rubbed together until they are u very | light foam, then stir in three tempoonfuw ot ilour and a little viregar; stir into u pint of boiling water nml let it just come to a boil, then grate on nutmeg and *• rve hot. One cup sugar, 1 tablespoonful butter, 1 tabhspoonful of ilour, l coffee cup boiling water. Stir sugar, butter and ilour together, then pour on the boiling water, nml let it cook until it thickens, stirring to keep from I burniug. Flavor aft* r removing from fire. More butter added will make richer nanci*. | f or or on time at One-half cup augur, \ cup butt r or !• -s 1 pj s Nit re* r Cultivator 1 egg. Flavoring, lemon or vanilla; table-1 spoon of lloar; beat nil together. Pour on boiling water just befi ding, ’ ‘ “ most COFFEE, SALT, HICK, LARD SOLUBLE PACIFIC GUANO, ACID PHOSPHATES AND K YINIT ou • t u-'ur; in.u an logeu.* r. louron | Iin : wat. l*jtmt bt f--re h*mng the pud- A I O 1 ~1 g, and Mi.- tl. r< G hly. I.\.«lhnt, al- \ I \ 1 1 ) } 1 I I st equal t*» a •M.-tard. ' -LA.. kJli lCUl-lj r£X- preoa. In a recent novel we discover the gentl manly villain at on** moment “lazily puflir it- r:n .ii i*i| : l it in ’. t < • i - mg," on thu ii tt p i;.- %\* mld nlw find j him “throwing away the end of his * igar,” and a few lin* s forther on li* is “lazily puff- mi' .it hi- ft; ir* tts-aud Mulling \Mtli ;i supe rior air." Perh&i s it will not be ncc« s«ary I to inform our readers that the novel was ; written bv .i Aoiuaii. Lowell <'iti/ui. Dbikd potatoes ore being prepared in im mense quantities for the seamen of the German fleet. Jack Tar, the world over, would und them a pleasing variation in the traditional diet of salt pork and hard tack. Hi nnd 113 Third Mr.* t, . GKOBCilA. novsBwom MONEY LOANED Nervous, Debllitat«-«l Men. Yoa »'••• uE< >1 a fn • tri-1 of t! . Gvt of tho On In.; roved Farms ami CUy Projeuy. For r.-rma u*e of Dr. Dye’s CelebnU d Voltaic li* It vi Uh star- tri. - 1-;. in..-ry aj \ n. . h. r . tho rj« • Jy rt lu f and apply to 1* rn.Aif hi <• ■ t i • • : t L-s ,.f vimlity te R. F. LAWTON, Banker, Hoeoud Htreet, Macon, Oa.f belt Co. Marvhali Mich. tjfOtalsC !'■ rha|te