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THE MACON WEEKLY TELEGRAPH: TUESDAY DECEMBER 25), 885.—TWELVE PAGES.
SUPREME COURT OF GEORGIA.
Decisions Rendered Tuesday, December 22,
188ft.
Special Report by Henry C. Peeples.
J. 11. Rawlina et al. vs. Annie Rawlins et al.
'Equity, from Floyd. Judgment affirmed.
M. A. Meeks, administratrix, vs. F. T. Johnson,
erecntrlx Illegality, from Rartow. Judgment
manod.
T. E. Smith, administrator, vs. I*. E. Head et al.
Equity, from Bartow. Judgment affirmed.
J. T. Woolbrlght vs. John A. Cureton. Certiorari,
from Dade. Judgment affirmed.
Hilliard Stonu et al vs. Joseph Richardson.
Traverse of sheriff's return, from Whitfield. Judg
ment affirmed.
A. D. Hoffer vs. John A. Gladden et al. Money
rule, froiu Bartow. Judgment affirmed.
ltomo Railroad Company vs. Lora Wimberly.
Case, from Floyd. Judgment affirmed. ,
J. H. Maguire vs. Mayor, etc.. Cartersville. Com
plaint. from Barkov- Judgment reversed.
F. W. Memler vs. tbo btate. Wife beating, from
Bartow. J udgnxent affirmed.
J. W. Cureton vs. Ketcbanido k Brown. Com
plaint. from Dade. Judgment affirmed.
Vi. H. Howard vs. Lowell Machine Company. Re
fusal of In J unction, ^rom Bartow. Judgment af
firmed. •
It. A. Clayton, assignee, vs. Lowell Machine Com
pany. et al. Refusal of Injunction, from Bartow.
Judgment affirmed.
A. T. H. Brower vs. L. E. Cothran. Equity, from
Floyd. Judgment affirmed.
A. T. H. Brower vs. L. E. Cothran et al. Equity,
from Floyd. Judgment affirmed.
Wm. Jones et al. vs. J. N. Sleigh et aL Refusal
of injunction, from Paulding. Judgment affirmed.
M. G. Dobbins vs. Pyroluslte Manganese Com
pany. Attachment, from Bartow. Judgment re
wersed.
a. i*eyden vs. H. H. Hickman. Ejectment, from
- Catoosa. Judgment reversed.
B. K. Ford vs. W. U. H. Clark, administrator.
•Complaint, from Catoosa. Judgment affirmed.
Paul Nicholson vs. W. G. Cook. Refusal of in
junction. from Catoosa. Judgment affirmed.
E. Stegall vs. Tbo*. H. Baker. Complaint, from
Bartow. Judgment affirmed.
Meeks, administrator, vs. Johnson, executrix.
Illegality, from Bartow. Before Judge Fain. 111*-,
legality. Notice. Parties. Service. Mortgage.
Jackhow, C. J.—1. It is a good ground of illegal
ity to an execution that tbo plaintiff in the suit
having died, his executrix was made party plaintitt
and the case carried to Judgment without notice to
defendant, defendant being notified of the death,
but having no notice of the subsequent proceed
ings. Code 3421.
(a) It appears that the defendant had twogood
defenses to the suit itself; due, want of legal ser
vice: and the other that the mortgage waa given
during the late war, and yet the judgmeut of fore
closure waa for the aum named therein, with inter
est, in the present currency.
* (l) Service of proceeding to foreclose the mort
gage should have been personal. Code, 3962.
2. It makes no difference that another was the
nsee of testator. The testator had the legal title,
and the case could not proceed till his executrix
was made a party, of which defendant was entitled
to notice. Code, 3070, 9071. Judgn cut reversed.
J. D. Conyer*. M. It. Htansell, for plaintiff; Thus.
W. Milner. J. M. Neel, contra.
Smith, administrator, vs. Head, et al. Equity, from
Bartow. Before Judge Fain, Practice. Agree-
men). Insurance. Husband and wife. Contract.
Ratification.
Jacesok, C. J.—1. An agreement that the judge
below may direct the jury what verdict to And as
between complainant and defendant, all questions
being left to his decision upon the following
•greed statement of facts, etc., etc., Js, in
effect an absolute submission of tho whole matter
to him for arbitration between the parties, and it is
doubtful whether we can review the decision made
in such a case.
2. A policy of Insurance, payable to a woman
on her husband’s death, is her property, and can
no more be assigned by her to pay or secure her
husband’s debts than any other property belonging
. to her. Code 1783.
9. A ratification of such an assignment made
after the hnshxnd’s death, but on no new consider
ation, IssmImm pactiem and void.
4. Under the code, section 2820, assured alone
had the right to direct to whom paymeut of the
policy should bo made.
(a) That section is codified from 13th Ga., 365;
the remark of Judgo Lumpkin m that case,
that creditors might interpose to defeat
the wife’s right, was obiirr and was, no doubt, pur
posely omitted from the code.
5. Other points made it in unnecessary to con
sider. Judgment affirmed. Jno. W. Akin for
plaintiff; J. A. Baker contra. .
‘Woolbrlght vs. Cureton. Certiorari, from Dade.
Before Judge Fane. Prlvato way. Proscription.
Jacesok, C. J.—1. To acquire a private wey over
the lands of another by prescription, the use must
have been for seven yean, of which the owners
had six months knowledge; the way must not ex
ceed fifteen feet in width; the nee must have been
uninterrupted and the way kept In good repair.
Code 731.737, 73H, 721; fil Ga., 79, 30.
There ia no sufficient evidence to sustain the
claim to right cf way in this case. Judgment af-
ffifned.
w. N. and J. P. Jacoway, R. J. McCamy
for plaintiff; T. J. Lompkiu contra.
Stone et al.. vs. Richardson. Traverse of sheriff's
return, from Whitfield- Sheriffs. Amendment
Traverse.
Jacesok, C. J.—The traverse of a sheriff's return,
snado at the first term, era be amended at a subse
quent term by making the sheriff a party. 59 Ga.,
4*51: (la., 215. Judgment affirmed.
T. It Jones for plaintiff; McCamy and Walker
contra.
Maguire vs. Mayor, etc„ of Cartersville. Com
plaint from Bartow. Before Judge Fain.
Hall, J.—The statements in the declaration. If
proved at the trial, are sufficient to entitle the
plaintiff to damages for the alleged ihjury to tiii
premises, by the creation and maintaining of the
niijratirf complained of, as was ruled in Reid vs.
The City ot 4Unite, September •an, 1W4. Judg
ment reversed.
It. W. Murphy, Graham Jr Graham for plalnuff;
J. 8. Conyers, contra.
Dome Railroad Company vs. Wimberly, Case
from Floyd. Before Judgo Branham. Railroads.
®"- i. 1 of m...
incident either to » put or protective Irunapoitu-
.-Don of the tsuaengvr, tie railroad comport, muat
te regarded, at the least, aa bailees for hire,
the fare paid extending both to the transportation
S'thi’^J.rid su bwp. «sas«-ao™«. of
the Utter for o reasonable time afterword i
meet an, ordinary «i«encecf travel. *»
Kw,'«. 41. 45;8chonleronhaU,
(A) The court charged thot the atorago of Uilc
baggftfe for a night wu not under the clrcumatancea
an unreasonable length of time: but he ihould have
gone further and charged that If it were removed
the next morning from the baggage room to the
platform forth# purpose of being aant forward
>r!th the nauanger on tha other road, and the com-
pan,’, agent undertook to perform thi. dut, but
neglected it. the compeu, would be liable, if not u
a common carrier for want of eatraordinaiy care,
at leut u a bailee for hire forwent of ordinary
care.
i. i. Tha retried Company could not relieve Itself of
reaponcibtut, without In some manner accounting
for the lou and ebowing how the trank got out of
ita cuatod,. Ita failure to do tbla would wanut
tha Inference that it wu atolea by It, servants,
or wu loot b, grou neglect The
failure of tha company to produce the trunk
left In llacuetod,. upon demand, prfma /uric. ea
tabUihcd negligence and want of care. Where
there la a default to deliver the good, bailed on de
mand, the ontu of accounting for inch default la
"tot Tha charge of negligence la not full, met by
evidence that the building uaed for atorege of bag
gage wu aafe and occur., in charge of tract, agent,
and properl, guarded. It abotrld be ahown how the
trunk got out of the poaaoaakin of tha company. If
It had been burned or atoien without fault on. ita
part, the company would not have been liable.
The inference that It wu delivered to the wrong
person by mintake ia quite aa legitimate u that it
wu atoien. to 5. V. 184 and citatlona. Judgment
**Jun!ue F. BUlyer. D. 8. Prtntnn tar
plaintiff; V. A. Thorn well, C. it. Featheretoi
contra.
Jlemmler re. tha Mata. Beating wife, from Bar
tow. Before Judge Fain. Criminal law. In
dictment. Blademeaner. Election b, Btate. Wit
ness. Impeachment Counsel. Practice. Juror.
Count, Courts. Certiorari.
Bali . J.—1. Where several wltncroe. testified to
distinct beatings given the wife b, the husband, at
no great intervals apart bat all within two yaarebe
fore the Indictment wu found, no two of the -vtt-
s cruel treatment it
compel the State to
on which It would
rely, end when the election wu mode, rale out all
tha erideece in relation to the others.
2. Where the wire -repot up b> the defendantu
a witness, although tha Btate did not object k her
competency, it wu not thereby deprived of the
right of impeaching her credit In any of the mode.
Itreacribed by tbe law.
1 :i. It »a. not error to refuse to check tbe ttate'a
mun.el in hie remarks to tha Jury in relation to
the pun — and effect of Impeaching testimony, it
not Leins Inaiated by him that such testimony wu
din. i iv of of defendant-# guilt, but that It —
Uahad that fact by overthrowing the pr
which be relied for i Indication.
4 Tv. n»i, La mUdcmaanor caeca, of peremto*
Court. Codecs. Thera a juror f be got ltd of
only by ahowtag blm snbjact to lay! aacaytlon
hkl ewr Jin.
though be bad had some trivial ndsaederetsadl _
with defendant. showad kimself conpcmt by
biasMvcn on hi* *stfr 4ir*.
A In tbe iaa« of certiorari of a
the County to the Superior Court,while the affidavit
of unfair trial, etc., must be first filed, it does not
seem necessary that the Riving of bond aud security
or making the farther affidavit lequired must i>re-
cede tho granting of the writ of certiorari, and
where the bond was given after tho granting of the
writ, but was filed in the clerk’s office with tbe pe
tition and sanction of the judge,
before tho writ issued, and was served
on the judge of the County Court
it was error to dismiss the certiorari on tho ground
that the boud waa not previously given. Code secs.
322. 4263.
6. Eat while the Judge below erred in dismissing
the writ, there were no such errors complained of
in the petition for certiorari as'entitled defendant
to i new hearing: indeed, as has been shown, the
‘* r or committed by the county judge was against
the Ktate. Judgment affirmed.
Graham k Graham for plaintiff; J. W. Harris, Jr.,
HoUcitor-gcueral: R. B. Trlppe contra.
MU. MINK UP A TREE.
and How
ard, assignee, vs. Lowell Machine Company et al.
Refusals of Injunction, from Bartow. Beforo
Judge Fain. Equity. Practice. Parties. Inter
locutory Dtcrees. Injunction. Discretion. Re
ceiver. Notice. Judge.
Hall, J.—A bill was filed against several defend
ants and on a hearing had a temporary restraining
order theretofore passed as agalust the Lowell Ma
chine Company, one of the defendants.
rescinded. and it was ordered
that they bavo leave ♦«> proceed
with their mortgage ft. fa.; as against the other de
fendants the injunction as prayed for in the bill
was continued until the final hearing and the re
ceivership previously ordered was continued until
the further order of the couri,cxcepttbst the receiv-
i afterward, so as to
f travel. ’JRedf. I*.
copied and took a writ of error and bill of excep
tions to this court as against that defendant only.
These papers were d; ly served on the Lowell Ma
chine Company and filed in this court. Hubse-
qucntly the other defendants moved the Judge to
modify his decretal order as to them. Notice wan
served ou complainant and after heariug the in
junction was dissolved and the receivership re
scinded os to ail the defendants, save one. To this
order another bill of exceptions and writ of error
was sued out and brought here. Held,
1. While it was true that there was a case pend
ing here between the compisiuaut and a
defendant to the bill, in which bill the others
were also respondents, yet they had no interest in
the termination of that case and no such connection
with the defendant therein as had any bearing
whatever on their respective claims—they have no
controversy and make no issues with that defeud-
ant, and that defendant does not call in question
any of the rights set up by them. It is no party to
the laHt bill of exceptions and they are no parties to
the first. They stand just aa they would have stood
had no bill of exceptions to reverse a decree made
in ita favor been taken.
2 An interlocutory decree is under the control of
the chancellor until the first hearing. Any defendant
may move, on notice to the opiKMito party, for tho
dissolution of injunction, or the revoking of any
other extraordinary writ, in vacation, and it ia to ho
heard aa if in term. Code 3217, 41m;. 70 Ga. 542,
60. 551.652.
(a) Nor is the moment confined to matters arising
subsequent to tbe ordering of the injunction. Thla
would take away tho power to act In caso where an
order was lmprovtdently granted, or a mistake
made, aa in the present instance, aa to the terms
of the order and the parties meant to be included
therein.
The granting and continuing of injunctions must
always rr.:t in the sound discretion of the Judge.
Code 3220 and citations.
3. The receiver is an officer of the court, and an
order appointing him may l>e revoked without giv
ing him notice. It is only when his conduct is
called in question, and when it is sought to make
him liable, or where he is called to account or
make return that ho is eutitlod to notice or to a
hearing. Code 276, 247, par. 5.
4. A Judge cannot, pftoporly, suffer issues to be
made aud evidence offered under them touching
Ills own intention and action in tho case or contra
dicting his recollection of facta occurring beforo
him.
Hpalding, J. It. Gray
There He Sat with a Dor on Guard for Six
Mortal Hours*
‘.Mjwburg, N. Y„ Special.
Tho Hon. John Mink, of this town, has
recently been excited over the performances
of mad dogs in this county and in New
Jersey. He offered the other day to lead
a company over the county t ou a dog-exterm
ination mission, and to pay most of the ex
penses himsolf. Nobody embraced the op
portunity. Mr. Mink has since had a sad
experience that has made him a greater dog
hater than ever.
He has been in the habit nearly every
Sunday of visiting a friend who has a line
farm and a handsome daughter in New
Windsor. He was making his usual Sun
day trip on foot to New Windsor last week,
when he suddenly becarao impressed with
the fact that he was meeting an unusually
large number of dogs along tho road. He
concluded to cut across lots to got rid of
them. He had safely passed throe or four
lields, when all of a sudden a great Now
Foundluud dog came hounding towards him
with a savage yelp. Mr. Mink had
no weapon except a slender walking
stick, and so he concluded to take
to a tree.
It was an apple tree, and it and the dog
belonged to Farmer Hazen, a neighbor of
Mr. Minks friend. Farmer Hazen said later:
“I took him fora # trainp, and if not a tramp,
I thought he might bo one o’ them tarnul
bridge bandits who are robbm’ right and
left. So I just took tho chain off o’ Jack
an’ let him go in that direction. An’ he
went. As he jumped he howled, an’ he’s
big enough to scare John L. Sullivan him
self. Did I tell him to go for him? No, I
did not I jest let him loose. He don’t
need any tellin’. He treed that feller quick-
er’n you can stick a hen. I saw the feller
gettip’ ready to say his prayers, but he
didn’t have time Jack run nim up there,
an’ there I left him, with Jack on guard.
It was 10 o’clock in the morning, vxl left
him till 4 in the afternoon. There was only
one house in sight an’ no one could hoar,
and there lie had to stay.
“I looked at him through a glass
could see him raokin’ motions to Jack, try-
in’ 1o get on the right side of him. But Juck
ain’t that kind of a dog. As I have to chain
him np before dark, I had to call him home,
or I’d kept that feller there till now. When
Jack came home tho feller slunk off to tho
road an’ made tracks back to Newburgh,
an’ I guess he’ll give my place a wide berth
hereafter. Settin’ in an apple tree for six
hours an* goin* without your dinner ain’t
what makes farmers, you know.”
The Hon, John Mink is more than eVer
convinced# that dogs are only good for
churning and drawing Esquimaux sleds.
Ho is more willing than ever to lead a band
of dog-killers, and says ho will foot the en
tire bill himself.
so much suffering. Drawing forth the two
coins he thrnst them into Gerard’s hand,
saying: “Never mind, old fellow, let me
lend you these.”
Gerard was completely overcome.' He
grasped his fellow printer’s hand.
“Jones,” said he, “hear me. I solemnly
swear that never again so long as I live will
I indulge in tho foolish, the pernicious, the
depraved, tho soul-destroying habit cf
gambling.”
A LITTLE CHRISTMAS STORY.
Cureton vs. Ketchervido k Brown. Complaint,
from Dade, Before Judge Fain.
Hall, J.—While the only exception ia to the ver
dict aa aRaiuat evidence, and the evidence uphold*
it. etlll we are not aattafled the caae waa brought
here for delay, and we refuse damages. Judgment
affirmed.
W. H. Dabney, T. J. Lumpkin, for plalnUff; W. N.
k J. P. Jacoway, R. J. McCamy. contra.
SHOUT COURTSHIP.
WOK BY A LITTLE CHILD.
Hour n Toddling Girl Gained Vanderbilt',
Favor for Her Fnther.
New York Time,.
In n Fourth nvemte hone enr going np
town one day a plainly dressed woman was
riding, accompanied hy a bright-eyed child
jnst old enongh to be asking a great many
questions. The port young miss of three or
fonr years was intent on being on familiar
terms with everybody within reach, nnd
one of tho passengers within reach was Mr.
Vanderbilt. He lmd a small packago in his
hands, and the child insisted on relieving
him of it. The mother, though
wholly unaware of her scatmate's
identity, did her utmost to protect him
from the yonng mischief-maker’s depreda
tions; but her efforts were futile. And Ur.
Vanderbilt, as the car rolled on, seemed
really to have got to enjoying the wee bit of
a thing's flirtations. She went throagh tho
overcoat pockets, clambered over his knees,
and couldn't have been a whit more famil
iar had she been ot the house of Vunderbilt
itself. At tho Thirty-second street stables
there was a change of conductors, and a
bearded young fellow came upon the rear
platfcrm, rang the signal bell, and started
the car onward through the tunnel.
“Papa! papa!” shouted tha little one ex
citedly, and from the knee of tho million
aire owner of the railroad sho clambered to
hold oat her arms toward that bearded
yonng fellow, the new conductor. The
conductor recognized his distinguished pas
senger and naturally he was amazed—ids
own child in tbe magnate's anus. He has
tened to correct things, and with what was
perhaps not an unnatural earnestness, apolo
gized for the baby’s rudeness.
“Tut! tut 1" interrupted Mr. Vanderbilt,
“I've enjoyed my ride with her. Yoqng
man, I wish she were my own. 8he must
be taken good cure of." And then as the
cor turned out of tho tnnnel to the Qrand
Central Station he patted the little one af
fectionately upon the head and said good
bye. Within a month that street cor con
ductor wss holding a responsible position
upon one of the big Vauderbllt railroads,
a post that ho holds to this day. That very
night Mr. Vanderbilt hail tbe young man's
antecedents looks l up, and finding bis re
cord dean, and assured that he was a man
of energy and capacity, he made a place
for him at once.
GEBAKD AKD-HI3 TWO QUARTERS.
A Creek Scholar In Ills Cups—Nlobe Ni
where amt Ifuiace Eclipsed.
Boston Special.
There died in this city the other day a
man who at 25 wss a college graduate of
classical education and of great intellectual
ability and promise, bat whose Inter days
were those of drunkenness, wretchedness
and absolute pauperism. In early life ho
had learned the printer's trsdo and was a
finished workman, bnt drink had
dragged him down to the low
est pita of shame, and the
walls of many a bar-room have re-echoed
with the liquid odes ot Horace and the
long-flowing sentences if Cicero, delivered
for the amusement of a gang of ruffians
who would pay for his liquor fur the sake
of hearing him “spont Greek.’' Gerard
used to make periodical pilgrimages among
the various printing offices, soliciting loans
of a dime “/or a aliave." One one occasion
after having collected twenty-five cents he
approuchcil an old fellow printer, one
Jones, and made overtures for the advance
ment of a nickel.
“Sow, what's the use, Gerard, yon’U go
ont and got taken in, and then you’ll have
to go (o tho Island again, and I should
A Cose In Which Linked Sweetness was not
Drawn Out,
Now York Star.
People in Mitchell county, Imt, don’t
fool away any time in usefess courtship.
The other day an Indianapolis man went
down to a small town in that county to see
abont some land. As be was waiting at the
hotel for a buggy to bo brought arouud, a
buxom-looking woman rode up on horse
back, with a grist of wheat behind her. She
looked tho stronger over, slid off the saddle,
and brashed the creases ont of her calico
dress, and then walked np to him aud asked:
“Widower or married?’'
“Widower, ma’am.”
“Over forty-fit e?”
“Only forty."
“Worth anything to speak of?"
"About $15,000.
“Good! What dy’e think of me?"
“You’lLpsss."
“I'm thirty-eight, healthy os a bear, worth
$1,000, and wont a h us bund. My man
pegged ont five years ago. Refer you to
the postmaster os to my character. Wliat
dy’o say?”
"It’s party sudden, ma'am.”
“Well, yes; can you give me an nnswo
in two hours?"
“I will."
“Very well. Don't miss a good thing be
cause you’re bashful.”
He wm back in two hours, and she soon
rodtMtj^from the mill nnd qnoriul:
“I’ll marry you,” he replied.
“Good! Preacher right aeroM the way.”
Thoy walked over and wero married, nnd
are now doing the country on a a bridal
tour.
A PETITION FOR MERCY.
One of the Letters llecciretl by the Dover-
nor of LouUlan*.
Ti e Capitolian-Advocate, of Raton Rouge,
S ublishrs the following letter received by
ov. MoEnery from the little daughter of
Pat Ford:
New OttLKAJrt 14th 18*5. Dear Good Governor:—
Wont you pie see bu so good anil spare my Darling
papa and my Couain John life dout let my Rood
papa die he wu so good and kind «o me tml mama
and brother# and dear ratlin sister Oh how I prey
to Hod to apare blm his life and I also pray for you
to let him live Oh dear Governor When I went to
see my poor papa In hla cold cell and put his arms
around my neck and Cried and said oh my
Little Daughter What are yon going to do
When they take yonr Dear pant away front
f ou Friday Oh Dear Governor you Don't know how
feel to think God or nobody will save my Darling
papa after leaving my darling papa I came homo
and my Darling mama vai gone Out w I went ou
my knees and preyed anil begged God to make me
think and help me to do something to Save my Dar
ling papa and cauain John 1 heard my papa and
ceusin John say that God and the Governor wu the
Only One can save us so I have prayed to Ood and
wrote my letter to yon Oh Dear Governor wont yon
please listen to me and suve my Own Good Darling
papaand cousin Jowu Oh I love my Darling
haua be .a. so kind tc me 1 «» his IllUe
pet and I am the Odeat I Am a llule girt my think you'll had enough of that."
““J u £L ,rT Lo ? 1 ** *? d v.« Gerard protested that he wouldn't,
brother Thomas 8 yean tny brother\t Ulla S year# .. WeU> .. Joaal , Tt> got QO nickel bQt
brother Thomas 8 yean toy brother WUlla 8 jrearal
my brother Leon II yaare and my Damns Utile
slater Mabel 10 months Ob please save my Darling
papa and conaia John lifu my mama or nobody
dual know I wrote to yon I Asked my mama tf aha
wu to Wright to you bow would aha Direct tha tet-
uked me what did 1 Aakad her each
a onuttoo and I told mama nothing hot uke
Darling mama to Wright it oh my alato yonr
when mama coma home
Oh please hear my preyere i
good Eye sod Ood bleu you t
i and sere their Urea
from
Mamv Loctar Foeo.
No Conscience In the Coal Ilitslncss.
“What sort of a reputation has he for hon
esty?”
“For what?”
“For honesty."
“WiiAt’a that?”
“Dc you mean to t«U me, you blockhead,
that you don't know what honesty ia!”
“Never heard of it before."
“What do you do for a living?”
"Well, »ir, I drive a coal cart"
"That explains it; yon may go.”—Chicago
Ledger.
[New York World.)
Annie and Lena Schmidt, aged respee
tivdy eighteen and thirteen, are pretty
girls, bnt very poor. They knew that
Christmas didn't mean much for them,
though they longed to look at the beautiful
things displayed in the store windows. 8o
they left their home, at No. 66 Essex street,
Jersey City, Saturday afternoon, and came
over to the oitv, and soon found themselves
in Grand street, glancing with admiring
eyes at the brilliantly dressed windows.
Lena was wild with delight.
“Ob, sister!" she would exclaim, “look
at that great big rocking-horse! nnd oh,
what a pretty doll! I wish I was rich, so
that I could buy them, don’t you, Annie?"
This was tbe way that tho younger went
on, and it tempted Annie so much that she
hesitated for some moments before enter
ing Ridley's store. Thoy were inside about
half an hour, and aa they were about leav
ing Mr. Robert Morrison placed n detaining
hand on Annie's shoulder. Then Annie
hurst iuto tears anil said that she had been
tempted to steal by her sister's earnest
longing for some of the pretty toys. She
put her hand into her pocket and brought
out two gold finger rings, a pair of car-
rings, and on Lena waa found a gold nap
kin-ring.
They cried still more when locked up at
the Elilridge street station house, and their
eyes were red from weeping when brought
before Justice O'Reilly, at Essex Market
Court, yevterdny. Everybody pitied thorn,
nnd even Mr. Morrison did not feel like
prosecuting them. However, ns they ad
mitted their guilt, thoy were held for trial,
hut they will be leniently dealt with in the
Court of Special Sessions. Annie Reilly,
aged thirty-six years, of No. 82 Mulberry
street, was also arrested at Ridloy’s, accused
of stealing a gold ring nnd a leather satchel.
She, too, was held.
GAS PROFITS OF SEVENTY PER CENT
kabljr Pro
N«w Fork Company.
New York Tribaue.
James Yalden, tbe expert nccountnnt,
S resented a lot of facts and figures to tho
ennto Gas Committee yesterday, 'showing
what a big “bonanza” the Now York Gas-
Light Company had found. He snid that
the company started in the year 1823 with
a capital of $1,000,OGU, and of this sum
W00,000 was paid in shortly afterwards.
The cash capital was paid in by instal
ments, and by 1837 it had reached $750,-
000, the total amount of cash capital sub
scribed by the stockholders. The capital
was subsequently inuronaed to $1,000,000
out of tho surplus profits. Theso surplus
profits were nominally made up by appre
ciation in the vnlitb of real estate, bnt tho
basis on which it was increased
could not bo ascertained. On
the amount invested dividends
aggregating $11,714,078.50 were paid np to
the year 1871. From 1871 to 1881 tho New
York Company paid $3,520,000 to its stock
holders in dividends, nnd an additional div
idend aggregating $100,000 was paid out of
the assets of the oompany after consolida
tion. The stock and assets of tho New
York Compnny were given to tbe Consoli
dated Company .in exchange for $7,000,000
of new stock. Altogether the stockholders
of the New York Company received from
their original investment of $750,000 cash
nnd stook benefits amounting to $22,171,-
336.60. This year the stockholders ef tho
New York Company received in dividends
$520,200, canal to 7 per cent on its nomi
nal consolidated capital of $7,000,000, but
equivalent to 701-2 por cent on its actual
cosh capital.
COOKED ALIVE.
A Man Falls Xleailformiost la a Darrel of
llollini; Water.
Chtltanoof* Thus.
Jim Starling, a young farmer who lived
with his family on the Dnck crook in tbe
Teton district, in the northwestern portion
of Chattano >ga county, Georgia, about
twenty-five miles from this city, met with a
shocking and horrible death last Saturday.
lie with a numbor of men were en
gaged in slaughtering hogs. Thoy hod a
*rge barrel set st an angle in the ground
in which they scalded the animals. Just
before noon while tho barrel was filled
with boiling water Starling attempted to
push a dead porker into the seething
water. Tbe attempt cost hint his life. By
some means ho missed his footing, and the
next moment wu thrown head foremost
into the barrel. One of his companions
who wu standing off a few feet hcr.rd tho
noise occasioned by Starting’s fall and
tnmed to see what had happened. He was
horrified to see the feet anil legs of the man
protruding from the barrel, and in an in
stant realized the awful fate of his friend.
Starling wu pulled from the boiling water
os quickly as possible, bnt life wu extinct.
He had Wn literally oooked olive. The
flesh peeled off the bones of his hands and
face, ood the unfortunate man presented a
sickening appearance. He leaves a wife
and three children.
Tnx Franklin Repository, of Chambers-
lrarg, Pa., boosts that Thomas K. Creole, of
New York, and his ancestors have taken
that paper for ninety-five years.
Tax cattlemen of Montana have formed a
S rotective organization, of which the motto
i, “You usd better mind whose
range you’ are on »nd whose cattle
you are branding."
The Woodstock Iron Compnny of An-
iston, Ala., one day this week sold about
$200,000 worth of iron at the advance of
$1.50 per ton. This was iron they had been
making all summer and hod in stock.
A WKAtrnv iron manufacturer of Leba
non, l’a., is to throw open his residenco on
Christmas Day to all his workmen and their
families. An enormons Christmas tree in
the parlor will bear a present for each of
the children of the workmen.
here’s a quarter. Put yours against it and
we'll tost to see who has them both.”
Gerard hesitated. To low bis quarter
wu not to be thought of, hnt the chance of
making it at one stroke a half dollar dazzled
him. A long time he considered the mat
ter and then took the plnnge. “I'll hare
to go you,” he said.
They threw; Gerard lost, and Jones
pocketed the two quarters. Gerard stood a
moment motionless, prostrated by despair.
Then he broke forth into a classical apoa-
trophe that for pure grief would have left
Niobe nowhere, lie bewailed tbs stem (ate
the gods allot to men. He recited the woe#
of Ulysses, the pan# of fEdiprjr, the dis-
treu of the daughter of old King Action.
He quoted the "Asia .Sacra /ama of Vir
gil and ran the whole gamut of the gods
from Pallas Athene to Atrupoe, Clotbo and
Jones wu appalled. He never realized
before that tbe lou of e quarter could cause
The youngest telegraph operator ou tho
railroads in this section, and probably in
the State, is little Okey Xlitchel, operator at
Eagle Rock, on tbo Richmond and Alle
ghany road. He is nine years of age.—
Lynchburg Virginian.
One of the witnesses in a New York case,
when asked a question whether the rann
was drunk, said he could not tell whether a
man was drunk or not. He could not tell
whether he was drunk himself unless he
foil down nnd could not get np.
The young indies of Saa Francisco have
adopted what is called the "ostrich walk,”
from its similarity to tho gait of ostriches.
These birds step as if walking on hot grid
irons, take their feet tip high and briskly,
and the body and head oscillute.
In the stomach of a thirty-seven pound
codfish sold in the fish market of Hjoerring.
Denmark,one day in November, wore found
another cod fifteen inches long, and a very
large and fat duck, perfectly fresh anil ap
parently swallowed alive and whole. Ex
cept from a bite on the neck it was unin
jured.
The word "boycott," says the New York
Times to a correspondent who asks for its
origin, “comes from tho name of an Irish
landlord, whom his tenants tried to bring
to terms by indneing, everybody within
their reach to refuse to transact any busi
ness with him or to deal with him so
cially."
A former citizen of Lynchburg, Vo.,
writes from Scuttle, Washington Torritory:
“I find women occupying very prominent
places; they are jurors, deputy sheriffs,
school superintendents; and one at Seattle,
in a race for policeman, was defeated only
by a few votes. For lazy men it is des
tined to be a splendid couutry, as it is now
for wheat and cattle.”
Boros Carle, who died of disease aggra
vated by neglect, arising from parsimonious
habits, in Bellevue Hospital, New York, a
few days ago was found to bo worth over
$100,600. He boasted that he had been liv
ing on $1 a week for a long time. He had
many thousand dollars in bank and owned
profitable forms and stone quarries in
Maine and Tennessee.
Charles H. Tweed, who died at Pitts,
burg hod peonli&r eccentric view*. Among
other things in his will he said: “No flow
ers at the fuueral, crape on the door, nor
monument nor stone to ntnrk the grave.
The first is cheap respect, tho second
heathenish, and the lost I cannot afford.
What money there is must bo dovoted to
useful purposes.”—Baltimore American.
The people of Columbns, Miss., are so
proml of tho Female Industrial College that
they Intend giving the young lady students
nn elegant dinner Christmas day; and to
make their enjoyment complete, they are to
do no dining-room work on that day, bnt
nro to bo treated os real gnests, laughing
and chatting during the meal, and retiring
from the dining-hall afterwards with no
thought of “dish-washing."
An Englishman, who has just returned
from Bagdad, tbo city of Haroun Al Raschid
of the Arabian Nights, notes that with its
population of 100,000, it contains no place
of publio amusement or resort. The exte
rior ot every house is liko that of a fortress
or» prison, and the streets are no more
than tortuons lanes. Its position nnd sur
roundings ought to make it one ot the most
populous and progressive cities in tho
world, hut it needs the wnml of nn en
chanter to arouse it from its Oriental loth-
orgy.
Medical Men
"Wliiit Two l*romlaent Physlcl
S:ty of iiXotctl Itcmcdy.
Crawfordvillo, Ga., Democrat.
E. 11. B. is without doubt ono of tho most
valuable and popular medicines known to
the medical science, and lias relieved more
suffering humanity than any other medicine
since it came into use. It has never failed
in a single instance to produce the most
favorable results where it has been property-
used. l’hyaicinusViVerywhere recommend
it as doing all it is claimed to do. Tim fol
lowing certificates are from two prominent
physicians, who have done a large atul suc
cessful practice for many years, end upon
whose judgment the public can safely
rely:
Crawfordville, Ga., July 15,1885.
Editor Democrat: For tho past ten years
I have been snffering wiih rheumatism in
the muscles of my right shoulder and nock.
During this time I have tried various reme
dies, both patent mediuiui s nnd those pre
scribed by physicians. Last sumnterl com
menced nningll. U. B., and could aoe tin im
provement by tlie time I bad taken ono bot
tle. I have been taking it at intervals since
lost sum met, and can say it is the best medi
cine for rheumatism I bavo ever tried. I take
pleasure in recommending it. to the public.
J. IV. Rhodes, A. M., il. D.
Cbawfobdville, Ga., July 15, 1885.
Editor Democrat: About November of
last year I had what I supposed to be a
cauliflower excrescence ou right sido of
neck. I used local applications, which ef
fected no perceptible good. I commenced,
the use of B. B. B. nnd took it regularly,
twelve bottles, and in due time the sore
healed over, and I now consider it ./oil. I
cheerfully recommend it us a fine tonic and
alterative medicine.
S. J. Farmer, M. D.
“Meal Ban on a Itoan Pole,” 1
Elbebton, Ga., Juno 1, 1685.
My brother has a sou tuat was afflicted
with rheunmtism in one of his legs until
the knee was so badly contracted that ho
could not touch the ground with his heel
and had scrofula. He took only two bottles
of U. B. B., nnd scrofula and rheumatism,
are both gone.
Mrs. M. A. Elrod came to my house tho
last summer almost covered with car-
mncles and boils. I got two bottles of B.
B. B., mill before she bad got through with
tho second bottle she wu* entirely Well.
She was also troubled with swollen feet and
ankles, aud hail beer, for tv enty years. All
gone —no trouble with swollen tect now.
I was troubled with bleeding piles tine*
1858. I used one bottle ami have felt noth
ing of the land since taking tho medicirfe.
The clothing that I was wearing when 1 left.
Atlanta fittod mo about the santo us a meal
sack would a bean pole. I have on tho
same clothing now, and they are a tight
fit.
You can do aa yon liko with this; as for
mo and my honBohold, we think three B.’s
is fully orthodox, and will do to swear by.
Respectfully yours,
J. M. Barfield.
declSfridsnnlm
CLINGMAN’S
TOBACCO
TIB CLlliCMS TOBACCO 0IHTHEK7 ■
Wouldn't Marry a Widower.
Iterpn'j Bazar.
V/innic's mother hod been discussing
with a caller the pros and cods of marrying
widower* who were supplied with a stock
of little ones. After the visitor had gone
Winnie thoughtfully remarked: “Mamma,
Idontknowbut 1 should be willing to
marry a widower with false children—if
they were handsome."
MATTER O’ FACT.
Mt wife la sot much of a beanty.
lint a iioumkeapili* body la aba;
Efficient lu bouaaXccRtog doty
And mahea tbe homo pleaaant for me.
She wear* the moat taatj apparel.
Atul aba’a a perpetual Joy,
■Atul we’ve never fn Ufa bad n quarrel.
For aba cooka Ilka nn an*el, my boy.
London Truth is to semi toys to 11,000
poor children from its Christmas fund next
week.
A rick padding wn* received among (he
third class matter at the Brooklyn post-
office the other day,
Peo*pe<t Park Lake, Brooklyn, is to be
lighted with electricity this winter for the
benefit of tbe skaters.
It is said that 100,000 watch-screws,
worth $11, can be mode from a pound of
eteel worth fifty cents.
Kentucky deserve# to b* call'd “The
Mother of Speaker*." It has been honored
with that office eleven times.
A wkxtkr in the National Druggist says
that hone will lay profusely all winter if
served with two worm meals a day.
The Philadelphia Time* says: “A police
man is • man who can never find a fight or
tell a gambling den from a mission church."
The latest fashionable wrinkle with ytnng
men is to have their trousers pressed to
show a ere tee down the front and bask of
the lees.
In icatontn^hatarar canaa. PrlrrSArt*!
)f!E CLINGMAN TCBACCGtPLASTER
I'ctpared arrprdlue to ikr mast ■h-lrniliir
T. Floor, and h •perLiUy rooomiDwotkd ft*
wBSBS&a
10 cm.
_ _ or’Arite to tha
GURjfflAN TOBACCO CURE CO.
DURHAM, N. C., U.8. A.
eanaln* Fmmatura Demy, Narrona Dthllltr. Loat
Manhood, etc., bavins Wad In vain tmj known
moady. hat dlacovand a atmpia manna of naif
cure, which an will naadFEEE to hla fallow
am. AddnaaJ. 11. USVIi8, tSTbalbam Bt. Mae
HR COUGHSutCROUP USE
TAYLOR’S
REMEDY
or—
SWEET GUM
—Jkixrr)—
MULLEIN.
T»« i»«t taa, II numt fM a tiaa aflba naa aaaa,
r»»lt* “-*« Oa ro»U imai la tka Irolkara Siam,
aaaulaa a lUraoUlii, azaftwaal r tla«zla Uai ' r-
Ikv fkUgn rtataclag tka rotj waralaf aaa*h, ant Mina,
laro taa mb* la Ikfaw off tka fhlaa wrobiaaa I. tin, aa#
•hqluroik Wtv wrolni wttk tka knUaa and.
latlaMa r*ro.> to tka nalMa that at tka aU .Ota, m-
natal, Tmw, Caroona Iron, aa WaavOniiro
Ncuu> a. laro k Devi nrotj hr Croaks Cnap,
Wkantaa Croak rot CroawfdM: tad n pOanMa, »r
tkllt la abanSUUk.il. art jror tfaoW Of H. Frin.
tsa.,at|l. WALTER A. TAYLO K. Atlanta, Oa.
I?lb BIUUEBS HUCKLEBERRY CORDIAL.
FOB THE
B0WFL8 AXD CHILDRKS TEETHI50.
Ik In the Rteat Konthcm remedy for the bowel*,
ltla onaiif Uia moat plruant and atllckctoue
rctucniM for all Katnnmr corar.lainta. At a aea*
aon when violent atUchi of tbo bowela art ao
frequent, noma aproul; relief abonld ba at hand.
Tb* wearied mother, loalnjr atrep la nuninff
tha littla on. tea thins, ahmldu.n ilaiuedt.iwT
We. a bottla. Band to. atatup to Walter A. Tav-
lor, Atlanta, On., for Kiddle Book. ’
Cni.rueua.—Attach
enta were toward in tha Hu-
parlor court to-daj for Joe Watren and B. Wataen
of Taj lor county, nnd J. J. Chapman, of Macon
-">"7. who were eummnned aa wihiHwea in tha
• foreery earo rod failed to ameer.
Crawford Sheriffs Sales.
OKOR0IA CBAWFORD COUNTY—’Will ba aold
b-tora tha court houae door, in the town of Knox.
°o-j wtthln tha Irani bimra of Bale, on the a rat
Tuenlny In January. Hw>. tbe following drocrlUd
property tc.wlt: South part of lot of landaumbM
!4^.!?:-y u ‘l l ‘ ln K 11,1 X “IM. mom re
°* 4®* ct k* ®nmb*i^fortywU*i4a)!
SSf, ***** *** aAda
one quarter am of land |7Wf A mom or In*, tho
fn tb* bmnth dutrirt of
originally BoaatonToutn~~' —* — - -
known *-**-- —
Uy lioaNtMi, but now Cr&wf ird rfinutr. ami
tbo Wboolar place. Sold for tbo DurchaM
Frapert,potnMimth?
plaintifr. attorney. Tenent.lni.wwrotontiotia.il
y*!*.- 0 *. ** ‘byproprort of M. L. Cooper to rotkal
fy aft fa. larod from tbe kupertor Court of Bona-
ton maty to favor of Mre. J. L. By to (ton , fc X.
L. Ccopet. December tot. tmt.
dee* lawlw M. P. RIVIERE, ShvrtC.