The weekly telegraph. (Macon, Ga.) 1885-1899, December 29, 1885, Image 8

Below is the OCR text representation for this newspapers page.

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.