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THE MACON WEEKLY TELEGRAPH: TUESDAY, JANUARY 10,1K6.-TWELVE PAGES.
SUPREME COURT OF GEORGIA.
Deolalou Brnderrd Tuesday, January 13,
1880.
Special Report by Henry C. Pecplce.
W. O. Wadley, survivor, vs. Alex Wil
liams. Complaint, from Burke. Judg-
mciit affirmed.
T. I*. Branch vs. Planter’s Loan and Rav
ings Bank. Trover, from City Court of
Richmond county. Judgment affirmed.
T. B. Hutchinson et nl. va. Ella Fuller
et al. Equity, from Richmond. J udgment
affirmed.
Henry Parish vs. Wm. L. Foss. Com
plaint, from Bulloch. Judgmeut affirm
ed.
Buck Jackson vs. Berry Lewis. Certio
rari, from Washington. Judgment re
versed.
Harah J. Wilcox vs. Annie V. McKenzie.
Case, from Richmond. Judgment affirmed.
W. R. Capers vs. Augusta, Gibson and
Sandersvillu railroad. Trespass, from
City Court of Richmond county. Judg
ment reversed.
Abe Sanders vs. Rebecca Williams. Tro
ver, from Citv Court of Richmond Cjunty.
Judgmeut affirmed.
William Wall vs. the State. Larceny from
the house, from McDoffy. Judgment af
firmed.
F. A. Brake vs. Herramn, Baker A Co.
Ceatiorari, from Richmond. Judgment re
versed.
John M. Graham vs. Fuller Electrical
Company et al. Injunction, from Rich
mond. Judgment affirmed.
National Bank of Augusta vs. R. E. Cun
ningham. Complaint, from Richmond.
Judgment affirmed.
National Bank cf Augusta et al. vs. Jas.
W. Bones. Complaint, from City Court
of Richmond county. Judgment reversed.
W. B. Ferxill vs. I). W. Marks. Eject
ment, from Richmond. Judgment affirm
ed.
Ann C. Vnson vs. George F. Strauss.
Certiorari, from Richmond. Judgmeut re
versed.
W. W. Johnson A Co. vs. O’Donnell A
Burke et al. J’ouity, from . Richmond.
Judgment re versed.
M. A. Creech et al. vs. William L. Rich
ards, administrator. Equity, from Rich
mond. Judgment affirmed.
J. M. Andersen vp. W. J. Freemaft.
Complaint from City Court of Richmond
county. Judgment reversed.
B. F. Maddox vs. G. W. Grav, adminis
trator. Ejectment, from Columbia. Judg
mrnt affirmed.
Cringnn, Watkins A Co. vs. Smith, trus
tee. Claim, fiom Jefferson. Judgment
versed.
M. E. Pughaley, next friend, vs. Puglis-
ley, Turver A Co. Equity, from Euiunucl.
Judgment affirmed.
Wadlcy, survivor, vs. Williams—Complaint,
from Burke. Before Judge Roney. Evi
dence. Landlord and tenant. Cropper.
Jackson, C. J.—l. There is evidenco to
sustain the verdict.
2. The 1 m il ord, having rented his land
for a certain number of pounds of cotton,
had no right to enter, pick and remove the
cotton against the will of the te nant, though
the cotton was wasting and likely to bo de
stroyed.
The title to the crop was in the tenant; the
landlord had only a lien thereon. 57 Ga.
404 ; 40 Ga. 585.
3. The relation of landlord and tenant ex
isted in this case. The land was let to the
defendant in error tor a fixed rent to be paid
therefor oat of the crop. Tbo contract was
not a mere cropping agreement. Judgment
affirmed.
Hook A Montgomery for plaintiff; P. P.
Johnston, contra.
Parrish vs. Foss. Complaint, from Bul
loch. Before Jndgo Cars well. Physicians.
Registry. Act of 1881.
Jackson, C. J.—The fact that a physician
failed for a short time after December 1,
1881, to register under section 1,409 (c) rt
stq. of the codo is not sufficient to detent
his right to recover for professional services
rendered alter that date and before his reg
istry, where it appeared that he was a regu
lar practicing physician, that he applied to
register in tunc and could not do so because 1
the clerk had failed to provide a hook, and
that he did register enrlv in January there
after as soon as he could do so.
(a) The caho is distinguishable from
•tringent rules laid down in cases of sales
of liquor and guano contrary to law.
The services of physicians aro necessary
and called for upon pressing emergencies,
and if this physician lmd applied for n man
damus against tbe clerk, his patients would
have been compelled to wait, and ho could
not have obtained a registry sooner than he
did actually register. Judgment affirmed.
D. R. Groover for plaintiff; T. 11. Potter
contra.
Branch vs. Plant’s Loan and Ravings Bank.
Trover, from City Court of Richmond
County. Before Judge Eve, Trover. Prac
tice. Submission by agreement. Con
version. Conditional Rale. Title. Notice.
Jackson, C. J.—l. Where parties by
agreement in writing submit their cose to
the presiding judge, such agreement caunot
be amended by one of the parties by addi
tion of other material facts. At least such
a matter is largely in tho discretion of the
court below, and it does not seem to have
been abused in this case. Code 408.
2. Ralo of the mule in question by de
fendant below, amounted tp a conversion
and hence no demand and refusal w ere nec
essary. It does not matter that tho solo by
him was in good faith.
3. The title to the mule was in the bank,
by reservation of tide in sale made by it
to ohe Glisson, after the bank had recover
ed in by action at law. Branch bought
with notice of this claim of the bank and
hence got no title as against tho bank,
though the conditional sale by the latter
was not put on record. Judgment affirmed.
W. K. Miller for plaintiff, F. W. Capers,
Jr., contra.
Capers vs. Augusta, Gibson and Sanders-
ville railroad. Trespass, from City Court
of Richmond county. Before Judge Eve.
Railroads. Damages. Trespass. Estop
pel. Remedy.
Hall, J.—l. Abandonment of an intention
by a lease-holder to stop a railroad company
,by injunction from appropriating to its use
the premises leased, even though the com
pany was m possession with the consent of
he owner of the fee and w as proceeding to
have the same condemned under its charter
to its use, the lease-holder being no party
to such proceedings, and who at the time
■>f notifying the attorney of the company of
his purpose not to institute his bill in
Equity, also informed him that he would
resort to an action at law to recover dam-
iges, did not amount to a consent that the
lompany might enter before ascertaining
he value of his property and paying for the
ise of the same, and did not defeat his
■ight to recover the danmges in an action of
respitss. Judgment reversed.
F. W. Capers, Jr., for plaintiff ;W. T. Gory,
ontra.
l vs. Lewis. Certiorari from Wasli-
Before Judge Caw well. Appeal,
i courts. Jury.
n, C. J.—It seems that under the
litntion of 1877, code 5153, 4157 (a) (b),
\ may be an appeal to a jury in a jus-
t from the decision of the justice,
s, w hether questions of tacts be
in that decision or not. 09 Ga., |
, 023, 720. (a) Rut it is not neces
sary to decide this in this case since ques
tions of fuct were involved in the appeal.
Judgment reversed.
J. A. Robson, by Harrison A Peeples, for
plaintiff; It. J. Harris contra.
Wall vs. the State. Larqcny from the
house, from McDuffie. Before Judge
Roney. Criminal law. Larceny. Stat
ute of limitations. Indictment. Misde
meanor. Accomplice.
Hall, J.—1. If defendant had acquired
possession of the property taken as n bailee,
unless there had been a breaking of bulk, or
some other rupture of the condition of the
bailment, or if it had never been in the pos
session of tho prosecutor, its, owner, then
indictment for larceny from the house could
not be sustained. But defendant was simply
in the employment as servant of the owner
of the goods, and carried the keys to the
house in which they had been stored and
from which they were taken.
2. Tbe statute of limitations applied to
tbe offense for which defendant was indicted
and not to any minor offense included there
in, of which he might be found guilty on
the traverse of that indictment. 12 Ga.,
360, 352.
3. A charge that corroLoratiou of an ac
complice was not essential if tho jury should
be of opinion that the offense amounted to
nothing more than % misdemeanor, is not
erroneous. 43 Ga., 197,199; 52 Ga., 398,-
103.
We think there wns corroboration in this
case. Thos. E. Watson for plaintiff;
Boykin Wright, solicitor general, contra.
Judgment uffirinetb
Hutchinson et al. vs. Fuller et al. Equity,
from Richmond. Before Judge Roney.
Wills. Construction. Legacy.
Jackson, C. J.—The item of a will in
question being “I bequeath unto Dr. Thus.
B. Hutchinson, of the county of Oglethorpe,
in trust, the sum of eighteen thousand
dollars, first to be taken out of the proceeds
of sale of realty, etc.” Then follows names
of Cestui qne trusts, etc.; iu a contest
between tho legatees under this item and
the residuary legatees.
Held: Tho legacy is not specific, that is
of any particular property, but general—of
so much money—to be mised first out of the
proceeds of tho sale ofjthc realty aud tho
conversion of tho proceeds into bonds*
Secondly or next or afterwards out of the
residinm, thus demonstrating or showing
how* this general legacy iu money is to be
raised, thus making it a general legacy
demonstrative of the fund first to be ap
plied to its payment. 2 Boar. verb, legacy;
2 Wins on Exrs., 995 and note pp 1000,
1903, 1132; Roper on Leg. 153 4; 11 Amor.
Dec. 458, 4(59, etc.
(a) There is nothing in our statutes and
decisions contrary to this view, and it is
clearly in consonance with tho intention of
the testator,!** shown by the other items of
the will. Judgment affirmed.
John 0. Reed, for plaintiff. Harper A
Bro., Foster A Lamar, F. 11. Miller, con
tra.
Brahe vs. Herman Baker A Co. Cortiorari
from Richmond. Before Judge Roney.
Jurisdiction. Judgement. Justices's
Courts.
Hall, J.—l. Although tho jurisdiction
of a justice of the peace in Angustn is co
extensive with the city limits, yet a judg
ment in u civil case, rendered iu that city
by a justice elsew here than nt tbe usual
place for holding court for his district, is
void. 70 G. 214, 07 Go. 482. Judgment
reversed.
J. 8. A W. T. Davidson for plaintiff;
Leonard Fhinizy contra.
Pughsley vs. Pugbsley Tarver and Com
pany. Equity, from Emanuel, Before
Judge Carswell. Deeds. Trusts. Mi
nors. Order of sale. Chancellor.
Blandfokd, J.—Where certain land was
given to a woman and her children in feo
simple, tho estate was not a trust estate,
and could not be sold, ho as to divest the
titlo of the minor children, by an order of
the judge of the Supctior Court, passed in
chambers, on application of the mother for
herself aud children, though tho children
were represented by guardian ad litem.
Rogers ctnl vs. Griffin, this twin. Judg
ment affirmed.
Twiggs A Verdery for plaintiff; T. H.
Potter, Hines A Rogers, J. J. Jones, Living
ston A Herrington, Cain A Polliill coutra.
National Bank of Augusta vs. Cunningham.
Complaint from Richmond. Before
Judge Roney. Contracts. Futures.
Promissory notes. Brokers. Evidence.
BLAKimmn, J.—l. Contracts for the pur
chase and sale of cotton “futures" are il
legal aiul all evidences of debt executed on
such consideration are void, oven in the
hands of a bona fide purchaser before due
and without notice. This case, 71 Go.,
400.
2. Tho agency of Warren, Wallace A Co.,
the payers of the noto in question, being
connected, ns tlmy were, iu bringing about
the transaction and carrying tho sanio
through, rendered them particeps criminis,
so, that their contract with Cunningham,
growing out of illegal transaction, is void.
They could not recover for services ren
dered or losses incurred in forwarding.the
transaction. 110 U. S. Rep. p. 499,
(a.) Anything decided hi 45 Ga. 591 in
contlict with the above is overruled, nnd
the correctness of that decision is doubted.
3. Wallace having testified that he ad
vanced one thousand dollars to Cunning
ham to purchase certain property from his
sisters, tho deed to tbe property reciting a
consideration of five hundred dollars, aided
by olhor testimony showing a considera
tion different from that sought to be shown
by Wallace, was properly admitted. Judg
ment affirmed.
F. II. Miller for plaintiff; Foster A
Lamar contra.
Anderson vs. Freeman. Complaint, from
City Court of Richmond county. Before
Judge Eve. Contract. Clerk. Discharge
Blandpobd, J. -Where it appeared that
Freeninu w tui clerk for Anderson, that be
fore bis term of service expired Anderson
formed a partnership with Fuller, that Free
man entered into the service of the new
firm under no new contract for wages, his
old contract being for $75 per month, and
that ho claimed double wa^es after thus en
tering into the service of the now* firm, and
having refused to receive wages at tbe old
rate offered him by Anderson, was dis
charged, a verdict in his favor based on
such double charge should be set aside; not
withstanding his chiim that he had to keep
the books of Anderson and of Anderson A
Fuller, that it wns double labor and he
should hnve more wages. Judgment re
versed.
Harper A Bro. for plaintiff; 8. F. Webb
contra.
Maddox vs. Gray. Ejectment, from Co
lumbia. Before Judge Roney. Deeds.
Delivery.
Blandfoud, J.—The delivery of the deed
relied on was not shown. On the contrary,
it was shown that it was never recorded,
and that it was found by plaintiff in error
after the death of the maker among his
papers. Ross vs. Campbell, last term.
Judgment affirmed.
Salem Dutcher, D. C. Moore for plaintiff;
Thomas E. Watson contra.
Graham vs. Fuller Electrical Co. et aL In
junction, from Richmond. Before Judge
Roney. Ini unction and receiver. Reme
dy. Interlocutory order.
Hall, J,—1. There was* sufficient evi
dence to sustain the action of the chancel
lor, even though this had been a matter of
discretion.
2. Whore the property involved was in
litigation, the rights of all parties were
threatened aud conld net be protected
without the appointment of some person
authorized to manage it, and where two or
more persons claimed exclusive right to con
trol and operate it, and such exclusive right
in either was questionable, a proper case
was made for receiver. Code 274, 3149.
3. The interlocutoiy order passed by the
chancellor is under his control, and if it
operates harehly or disastrously to either
party, can, on proper showing, be modified
by him. Judgment affirmed.
Salem Dutcher, for plaintiff; F. H. Miller,
W. F. Oury, contra.
Wilcox vs. McKenzie. Case, from Rich
rnond. Before Judge Roney. Damages.
Institution of civil suit. Malice. Proba
ble cause.
Hall, J.—1. An action to recover dam
ages for suing out nnd levying an attach
ment, and for instituting proceedings to
obtain and serving summons of garnish
ment cannot be maintained without proof
of malice and want of probable cause. 98
U. 8. rep. p. 192; 4 Born. A Cres. 21. 2Corr.
A P. 485; 19 Wend. 417; 4 Bow. 1791; 29
Ga. Cl; 30 Ga. 519; C3 Ga. G83; 60 Ga. 188;
13 Ga. 2(50; 44 Ga. ICO. 101; Mitchell vs. 8.
W. It. R. this terra; codo 2982. 2983, 2987.
(a) For manifest reasons such actions are
not highly favored, tending as they do to
promote litigation and engender strife ns
w*ell as to deter persons from coming for
ward to vindicate public justice, or private
right. Juchtcr vs. Boehm, Bendheim. &
Co. 07 Ga. 534, cited and distinguished.
Judgment affirmed.
Twiggs A Verdery for plaintiff; Foster A
Lamar, contra.
National Bank of Augusta et nl. vs. Bones.
Complaint, from City Court*of Richmond
county. Before Judge Eve. Evidence.
Act of 1800. Lease. Partnership, Ro-
Fcission.
Blakoford, J. 1. The question being
whether an alleged contract of lease had
been rescinded ntul the nllegcd lesseo had
been made agent for the owner of the prop
erty before certain corn was supplied, for
the value of which suit is breagnt against
said owners, the said lessee is not compe
tent to testify, one of the owners and
parties to the contract of leaso being dead
and liis executors being parties to this action.
Said lessee is within tho exception to the
Evidence Act of 1800, aud, would have been
incompetent at common law, being di
rectly interested in the result. 72 Ga. 113,
<54 Ga., 230, cited nnd distinguished.
2. Tho fact that lessors wero to advance
lessee a certain sum of money and were not
to exact rent from him if tho net proceeds
of the property w ere not sufficient for the
purpose, did not make tho letting anything
but a lease; it did not constitute the lessors
nnd lessee partners nor the transaction n
partnership, nor did it make the lesseo nn
agent for tho lessors. Tho lessor* under
their contmct with tho lessee were not in
any muuncr personally liable for any debt
contracted by him,
3. Various requests to charge wore re
fused which should have been given. A
request to charge that a written contract of
lease cannot bo rescinded verbally, without
a change of possession, or without a writing
dispensing with the same signed by the
lessors, was properly refused, when asked
without qualification.
4. The evidenco did not authorize the ver
dict. Judiuent reversed.
F. II. Miller, J. Ganahl, Twiggs nnd
Verdery for plaintiff. J. 0. C. Black contru.
Cringan, Watkins A Co. vs. J. T. Smith,
trustee. Claim, from Jefferson. Before
Judge Carswell. Claim. Possession.
Onus.
Blanfokd, J. Where plaintiffs proved that
defendant in fifa inherited tho land levied
on from his father, that in 1879 it was appor
tioned to him and he went into possession;
and showed by touant in possession that he
rented the lund from one Smith, nnd
thought the land belonged t » defendant in
fifn, and never heard that it belonged to
claimant, defendant’s wifo, until this case
started. Enough was proved to cast the
onus and it was error to dismiss the levy.
Judgment reversed.
Phillips A Wynne for plaintiff; Coin A
Polliill, Gamble *V nunter contra.
Creech ctol vs. iticirards, administrator.
Equity, from Richmond. Before Judgo
Roney. Decree. New trial. Insurable
interest. Homestead. Issues of fact.
Practice.
Blandford, J.—l. A decree cannot bo
corrected by motion for now trial. It must
bo reached by exception thereto, or motion
to correct the same.
2. Where one leased the premises destroy
ed for a term of years this gave him an
insurable interest in the samo, nnd no one
but himself was entitled to recover on ho.
policy of insurance taken out on such in
terest, there being no transfer of the same.
(u). His lease of homestead property wan
good, it being from the head of the family,
and ho (having placed valuable improve
ments thereon.
3. Such issues of fact only should be
submitted to the jurv, us when taken with
admitted facts and tho pleadings, will
enable tho court to render a full decree.
Judgment affirmed.
5. F. Webb for plaintiff; Leonard Phinizy
contra.
Vuson vs. Strauss. Certiorari, from Rich
mond. Before Judge Roney. Contracts.
Service.
Blakdford, J.—A p.umber, under an or
der to go to certain premises and cut off
the hydrants, was not ordered to lay down
one hundred feet of conduit pipe, furnish
an iron top, repair water pipe and faucet,
without direction or consent of the owner
who gave the order, and cannot recover
therefor. Judgment affirmed.
Claiborne Snead for plaintiff; Adolph
Brandt contra.
plaintiff; D. R. Groover, Lester & Rovenel contra.
No. 10. Middle Circuit. Doyle vs. Donovan. Ar
gued. F. H. Saffold for plaintiff; Cain A Polhill
contra.
Report of the committee appointed to present a
memorial of Hon. Geo. T. Bartlett wan received,
accompanied by appropriate remark* by member*
of the bar and the court.
Court then adjourned to 10 o’clock a. to. to-mor-
Ati.asta, January 13.—No, 1, Ocmulgee circuit.
Durden vs. Hill Argued. Foster A Butler for
pla’utiff; Calvin George, by J. a. Billups, contra.
No, 2, Ocmulgee circuit. Withdrawn.
No. 3, Ocmulgee circuit. McCallum va. farewell.
Argued. E. F. Beat J. W. Lindsay, Goa tin Ac Hall
for plaintiff; Billhpe k Hardeman. J. G. Ockington
lulgee i
ecutor. Argued. Key k Preston. J. H. Lumpkin,
E. W. Beck for plaintiff; W. Dcw*au, C. W. Bartlett,
L. E. Bleckley contra.
No. 7, Ocmulgee circuit. Langford ▼«. comraU-
■ionera of Wilkinson county. Argued. J. W. Lind-
way for plaintiff; F. Chambers contra.
No. S, Ocmulgee circuit. Davis k Deason vs. the
8Ute. Dismissed.
No. 9, Ocmulgee circuit. McMichael vs. Pye et
al. Argued. Key Ac Preston, by J. H. Lumpkin,
for plaintiff; F. Jordan contra.
Smith et al. executioners. Argued. John llu
tberford, Nisbet, Edge and Nisbet, Lyon A; Gres*
hatu for plaintiff; Lanier A Anderson by Harrison Ac
Peeples, Hardeman Ac Davis contra.
No. 12 Ocmulgee.—Haffold vs. Foster. Argued. A.
M. Speer, Calvin George, John C. Heed for plaintiff;
F. 0. Foster contra. •
No. 13 Ocmulgee—Downs et al vs. Hania. Ar
gued. Abe Me (alia for plaintiff. F. Jordan contra.
Court then adjourned to 10 o’clock a. m. to-mor
SOCIETY IN CHICAGO.
Johnson A Co. vs. O'Donnell A Burke et al.
Equity, Com Richmond. Before Judge
Roney. Debtor and creditor. Vendor and
purchaser. Fraud. Title. Equity.-
BLANitFoan, J.—1. Where one purchases
goods, being insolvent and not intending
to pay for them, nnd conceals his insol
vency and his intention not to pay, he is
guilty of a fraud which entitles the vendor,
if no innocent third party has acquired un
interest in them, to disaffirm the contract
and recover tho goods. 93 IT. S. 033; 1
Hill 302, 311; 53 N. Y. 462; 79 N. Y. 255; 15
M. A W. 210; 70 Go. 417: 08 Go. 138; 42
Gr. 46; code 2635, 3175, 3173.
2. The hill shows that plaintiff s goods
were purchased bv O'Donnell A B., nnd
have Leen fraudulently transferred to other
defendants in the bill. The subject mutter
is the goods of plaintiffs, and to avoid a
multiplicity of suits a court of equity would
have jurisdiction, there being no objection
of uultifariousness or misjoinder of de
fendants.
3. Complainants have the rights of credi
tors to test the validity of preferred debts
and to require an accounting from the as
signees. 70 Ga., 313, 321. Judgment re
served.
F. H. A W. K. Miller, for plaintiff; M. P.
Carrol), contra.
Supreme Court of Oiorgtik
ATLtxrt, Ox., January 12.—No. 5, Middle Circuit.
Bowen vs. Groover. Argued. T. H. Potter for
plaintiff; D. K. Groover. Lester k Ho vend contra.
No. w . Middle Circuit. Smith vs. Goodman, How-
211 rs. Marshall Field's Japanese German—An
Invent of Extraordinary Note.
New York Telegram.
But the ball of balls wns the Japanese
g erman given by ilrs. Marshall Field in
onor of her seventeen-year-old son. All
tho furniture in tho two lower floors hud
been removed nnd renppointod by a staff of
Japanese artists. The lower hull represented
a Japanese village, in which the hauging
gardens, pagodas nnd wealth of pink foli-
age were admirably depicted. The floral
designs were made to Mr. Field’s order and
surpassed anything of tho kind ever at
tempted in America. Iu the largest pagoda
tho musicians wero secreted and during tho
evening nothing but Japanese selections
were rendered.
There were hangings of imperial satin in
black nnd gold embroidery, scrolls nnd
screens of priceless value, portiere of ivory,
woods, bamboo and beads imported espe
cially for tho occasion, and the window
hangings were masterly specimens of needle
painting. Many of the Japanese gods in
ivory bronze were placed in odd corners,
with richly carved screens for a background
and bits of silk for relief. The ceilings in
the ball-room, yellow room and parlors
were either Canopied with tufted satin or
hung with lanterns and parasols. The chief
ornamentation in the hall-room was a Jap
anese tree in full blossom, the cost of which
was variously estimated below $1,500.
The german was opened at 12, the favors
for which included embroideries, silk scurfs,
screens, smoking caps, fans, parasols and
all sorts of vases, boxes, baskets, caddies
and japanned goods, besides dolls nml Chi
nose figures of padded silks, feathers and
lace. The little folks came from New Yoik,
Philadelphia, Boston, Baltimore, San Fran
cisco, Cincinnati and the fashionable ave
nues of Chicago. All were costumed; tho
boys in hotiri, obi and braided cue, nnd tho
little girls in flowing draperies, with Mikado
coiffures, penciled eyebrows, banded feet
nnd vermillioned lips and cheeks. Some of
tho dresses wore hand-painted, others had
colored trimmings nnd birds, butterflies,
storks, scorpions and flowers wrought in
colored silks and threads of gold, silver and
copper of the most exquisite needlework.
There .were several imported toilets, all his
torically correct as well as artistic. Some
fifty ladies aided Mrs. Field iu entertaining
tho little Japs. Just before the children
showed signs of fatigue they were arranged
in tableaux before the pagoda iu tho land
scape hall nnd photographed, copies of
which will be sent to each of the iuvited
guests some time during the year.
BOLD STAGECOACH ROBBERY.
Military Funds Seized by Highwaymen—
Troops In Fumiilt.
An Omaha, Neb., special says: A dispatch
was received this morning by General
Howard, commanding Department ot the
Platte, from Fort Robinson stating that a
daring stage robbery hud been committed
about eighteen miles from the fort this
morning. Tho stage coach in question
runs between Cbadron, the present termi
nus of the Fremont, Elkhom and Mis
souri Valley railroad, aud Fort Robinson.
It was stopped by a party of masked high
waymen, wuo ordered the driver and pas
sengers, on whom they got the drop, to
throw up their hands, which order was
obeyed. Tho highwaymeu then took pos
session of tho express company’s treasure
box, containing about $5,000 in gold in
tended for payment of troops at Fort Rob
inson. They then ordered tho driver to
proceed, whereupon the stage coach
renamed its journey to Fort Robinson,
being under cover of tho highwaymen’s
gnns until it got out of reach. The rob
bery occurred near Dawes City. Upon
reaching Fort Robinson the stage driver
informed Major Doweese, the corainaudant,
w ho immediately got out his cavalry, and
they are now scouring tho country.
Cavalry detachments have also been sent
out from Fort Niobrara, - and telegrams
have been sent to Sidney, Cheyenne,
Laramie, Dead wood and McKinney.
The whole country will be scouted atfd
every effort made to trail tho robbers. Gen
eral Howard feels confident they will be
captured. The robbers had evidently been
posted as to this shipment of gold for Fort
Robinson. The express company will be
responsible for its loss.
DEAD IN THE BLIZZARD.
SEASONABLE ADVICE.
Don't let the door stand open, but shut it with much
Without a bang, without a whang, yes. shut it fair
aud square;
Without a slam, without a jam. without a slat
Jerk.
For It you’ve left it open, go shut it. and don t
shirk.
No Christian man or woman, no well-trained chick
or child.
Will let a door swing idly, to make weak nerves run
wild.
When chilly winds are blowing—and some one tak
ing cold—
A Discarded Daughter Found Dead at Her
Father's Door.
A New Ringgold, Pa., special says: This
morning Mrs. Hetty Maurer and her two-
year-old child were found in the roadside,
two miles from Mrs. Maurer's house and
near the house of her father, John Klinger,
m Rnhn Township, frozen to death. Mrs.
Maurer had been u petted child. Her
mother died five years ago. In 1883 she
ran away with Joseph Maurer, one of the
farm hands, and her father sent her word
that she should never darken his door
again. A year ago Maurer went to Canada,
and for a while sent money to her, and
with her own little earnings and aid from
an only sister she maneged to exist. Her
husband died during the Montreal small
pox epidemic. She learned his fate only
two weeks ago. Thinking time had softened
her father’s heart, she went to his house
yesterday to ask to bo token back with her
child. The old man refused to hear her
plea and she left. When found to-day, the
babe was wrapped in her shawl. Deputy
Coroner Reagan bos taken clnirge of the
remains and refuses to let old man Klinger
take them for burial.
A Pennsylvania farmer last year sold
over $6,000 worth of potatoes from twelve
acres, ne fertilized with a compost of
hardwood ashes and oyster shell lime,
ploughed deep, planted medium-sized, well
formed, nncut {>otatoe», three feet apart,
gave level cultivation and cultivated often.
From one hill be took thirty-one fine, lurge
tubers.
—James Russell Lowell is to go to Wssh-
..... > .. ... „ uw ., ington to give to Congress on invited
cllk Co. Argued. B. F. c. flfidth, T. u. Potter for opinion c< nc;ruing copyright
Haste makes hut waste, remember, so plenty take
of time;
Don’t leave the door half open—a fault almost a
crime—
And if you’ve ever done this, don’t do so any more;
Whatever else you fall to do, don't fail to Shut the
Door.
A rt« dog hod a fit in Albany yesterday,
and, falling fifty feet, bit tbe dust. Tbe
proprietor of the building where it occurred
Las collected Borne of the dnatand will send
it to l’aateur to be inoculated.—Rochester
Post-Express.
The New York board of aldermen con
sists of nine liquor dealers, five dealers in
food, two lawyers, one janitor, one shoe
dealer, one undertakrr, one jeweler, two
contractors, one livery stable keepor, one
dealer in stone and one saddler.
The Providence Journal publishes n
statement showing how a Itliodo Island
experimenter, with an expenditure of $1)00
in labor and mannre, mised on seven
acres of ground $2,258 worth of beets,
com fodder, carrots, turnips and cab
bages.
A rAMlioNAin.K New York mother has
brought home a Japanese nurse, who goes
about tbe avenues clad in her native cos-
tumo, provoking a great deal of sensation
nnd not a bit of envy. The lady has a mo
nopoly of Japanese nurses for some months
to come; but suppose her treasure should
strike for higher wages!
At a recent meeting in Cleveland Francis
Murphy, the temperance apostle, rend a se
lection from Paul with reference to charity,
in which Paul says; “I spake ns a child.”
Then Mr. Murphy added: “I have always
thought Paul was a countryman of mine,
but that we got cheated out of him some
how. Who hut an Irishmnn ever said
■spake?' ”
lx a letter to the editor of the Eli/.nbctb
City Economist, cx-Governor Jarvis, who
is now minister to Brazil, suggests that the
North Carolina Legislature make a standing
appropriation of $500 a year, nnd direct the
Governor to have panitod in oil, each
year, nnd hung in the library some
North Carolina's great men.
A New Yobs letter says the girls of that
city grow more nnd more English every
day. The cause is a mystery, but they all
seem moved by nn overwhelming desire to
look and act like English girls. Their
gowns are made of cloth and cut and fitted
by English tailors whose shops am gaudy
with coats of arms of foreign notables, nnd
who employ only British assistants.
Db. Joseph Leidv lately had submitted to
him Bpongy ice from the vicinity of Morris
town, N. J" , which contained great quanti
ties of living worms, some an inch in
length. They proved to be n new species
of lumbricus, to which the common earth
worm belongs. No living organisms have
ever been found within clear dense ice,
snch us is usually served for drinking pur
poses.
Twelve thousand people are daily under
the charge of the commissioners of chari
ties and correction of New York City in the
various hospitals and institutions over
which that board has supervision. It cost
the city $1,500,000 a year to care for their
stomachs, while only $20,000 aro spent on
their souls, according to tho statement of
the New York Protestant Episcopnl City
Mission.
. A wm.i.-KNowN Baptist minister of Boston
relates that some time ago n convert was
made of a somewhat ignorant girl, and nt a
prayer-meeting subsequently lie nskod ber
what she would do if she beard another girl
reviling the Lord Jesus. Straightening her
self up, she snid: “If sho wns largur nor me
I would tell her to Bhut np; hut if she wns
smaller I would slap her right across the
month. ’’
Abmistead Whitehead, colored, was re
ceived in tho Virginia penitentiary from
Chnrlotto county, September 10, 1805, for a
term of thirty-eight years for burglary.
Allowing the usual time for good behavior
his term will expire July 12, 1900. This is
the longest term on record for which any
man was over sentenced for n similar crime
in Virginia. He has served twenty yoars
and nearly four months.
TnxnE are in St. Petersburg 40,000 driv
ers, nnd ns many janitors or watchmen,
thonsnnds of policemen, detectives, gend
armes and Cossacks patrol the city day nnd
night. All of these now bless the city chief
of police, who ordered fires to l>e kept
burning in the streets, paying for tho fuel
out of the city treasury. Tbe cold has been
no severe that in November, before tho
atreet fires were providedi mdoy watchman
were frozen to death.
A pound of bananas, it iB said, contains
more nntriment than three pounds of meat
or many pounds of potutoes, while as a food
it is in every sense of the word far superior
to tbe best wheoten bread. Althongb it
grows spontaneously throughout the tropics,
when cultivated its yield is prodigious, for
an acre of ground planted witli bananas
will return, according to Humbolt, as mnch
food materially as thirty-three acres of
wheat, or over 100 acres of potatoes.
In the calf and pig nntnre teaches ns that
so long as the dam famishes an abundant
supply of milk a rapid and uniform growth
is the result, producing bone, muscle, fat
and fibre st the same time, and the yonng
animals are plump, juicy and thrifty. But
when the milk supply is lessened arowth is
checked, and tho animal shrinks in flesh.
The inference, then, is obvious—a food ad
justed to the wauta of the animal must be
su|iplie<L Milk is perfect food while the
animal is forming frame and flesh. The
problem, therefore, is more a question of
food than age, and the adaptation of the
food to the requirements of the animal.
The food must contain the elements of
milk in something like the same propor
tion. We do not And in any one grain or
glass a complete snbstituto; but science and
practical exjterience has demonstrated the
fact that by a combination or rotation of
cereals, grasses and vegetables the desired
result may be obtuined, and in the change
from milk to a vegetable diet no perceptible
check in growth and development is made.
-Exchange.
A l-retly Incident.
Eufsula Bulletin.
A gentleman of this city related to ns a
pretty incident in connection with the re
cent spell of cold weather. lie aaid: “On
last .Sunday afternoon the chickens in my
yard had nestled close together op that side
of the enclosure of the well free from the
cold winds, when my little daughter going
np to them, found nestled away under the
wings of a hen a mocking bird, that had
sought that shelter from the cold.”
The Weekly Telegraph Free.
We will send the Weexlt Teleouaph
one year to any one who will get np a club
of five new subscribers to it at one dollar
w-tf
ITCHING
Skin Diseases Instantly Kellercd
by Cutieura.
TREATMENT—A warm bath with Cutieura Soap
and a single application of Cutieura, tbe great akin
cure. This repeated daily, with two or three doaea
of Cutieura Resolvent, the now blood purifier to
keep the blood cool, the perspiration pure and un-
irritating tbe bowels open, the liver and kidneya
active, will speedily cure Eczema,Tetter. Ringworm
Psoriasis, Lichen, Pruritus, Scali-head. Dandruff
and every specie4 of itching, scaly aud pimply hu
mors of the scalp and skin, when the best physi
cians and remedies fall.
Eczema on a Child.
Tour most valuable Cutieura remedies have done
my child ao much good that I feel, like saying this
for the benefit of those who are troubled with skin
dis ease. My little girl was troubled with eczema,
and I tried several doctors aud medicines, but did
not do her any good until I used the Cutieura rem
edies. which speedily cured her, for which I owe
you many thanks and many nights of rest.
Anton Bossmieu, Edinburg. Ind.
Tetter of the Scalp.
I was almost perfectly bald, caused by tetter of
the top the scalp. 1 used your Cutieura remedies
about six weeks, and they cured my scalp complete
ly and now my hair is coming back as thick as it
ever was.
J. P. Choice, Whiteeboro’, Texas.
Covered with ItlotrlieH.
I want to tell you that your Cutieura Resolvent
is magnificent. About three mouths ago my face
was coved with blotches, and after using throe bot
tles of Resolvent I was perfectly cured.
Fuedeuick Maitjik,
23 St. Charles Ht., New Orleans, La.
Ttest for /tehi 11 a Dixcttses.
One of ouEcufttomert says your Cutieura reme
dies are tho best be can find for itching of the skin.
He tried all others and found no relief until he
used yours. F. J. Alduicii, Druggists,
Rising Hun, O.
8old everywhere. Price: Cutieura, 60 cts.; Soap,
25cts.; Resolvent. *1. Prepared by the POTTER
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for “How to Cure bkiu Diseases."
PIM P
HOW MKK OIL AND WINE
to the famished of old is a Cutieura
Auti-Pain Plaster to the aching aides
pjand back, the weak and painful mus
cles, tho irore chest and backing cough,
_f%nnd every pain and ache of daily toil.
Everywhere.
A Stuiularil Muiltual Work.
FOR YOUNG AND MIDDLE-AGED HEN !
Onln $1 by Halt, Post paid.
KNOW THYSELF.
A Great Medical Work on Manhood.
the untold miseries resulting from indiscretion or
excesses. A book for every man, young, middle-
aged and old. It contains 126 prescriptions for all
acute and chronic diseases, each ono of which is
invaluable. Ho found by the author, whose expe
rience for twenty-three years is such as probably
never before fell to tho lot of any plivsician. 300
pages, bound in beautiful French muslin, embossed
covers, full gilt, guaranteed to I10 a finer work in
evory sense—mechanical, literary aud professional
—thau any other work in tills country sold for
$2.60, or the money will bo refunded in every in
stance. Price only $1 by mail, post-paid: Illustra
tive sample, 6 cents. Send now. Gold medal
awarded the author by the National Medical Asso
ciation, to tho president of which, tho lion. P. A.
Rissell, and associate officers of the board, the
readers are respectfully referred. .
The Hcienre of Life should be read by the yonng
for instruetion aud by the afflicted for relief. It
will benefit all.—London Lancet.
There is no member of society to whom the act-
enco of Life will not bo useful, whether youth,
parent, guardian, instructor or clergyman.—Argo
naut.
Address the Peabody Medical Institute, or Dr.
W. H. Parker, No. 4. Dulfineh street, Boston, Mass.,
who may be consulted on all diseases requiring
skill and ex]>erience. Chronic and otMtinate dis
eases that havo baffled the skill ||U 1 r of all
other physicians a specialty. Much JILrtJj treat
ed successfully without nn in- Til VGr 1 U
stance of failure. Mention this Axil OLLT •
paper. mchS-Hfl.
Xever Known to Fail.
The popular Blood Purifier of tho dav is
O. 1. C.
It is the honest "tried nnd true" old Indian
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It will cure any Blood Disease or Skia
Disease arising from impnre blood.
An excellent tonic and appetizer. Nothing
equals it for fcnialo complaints. A purely
vegetable preparation, containing no mer
cury or other mineral poison.
Bold by leading druggists.
THE O. I. C. CO.,
Perry Ga.
octlwly
COOK STOYES
ZiTiW AYR SATISFACTORY
EIGHTEEN SIZES ARP MS
ALL PURCHASERS CAN BE SUITED
IfAKUriCTUUKD BY
Isaac LSbeppard & Co.,Baltimore,Md.
AND FP** ** R BY
Jones County Sheriff Sale,
GEORGIA. Joint* Cocimr.—Will be sold on the
first Tuesday In February next, before the court-
house door in said county, between the legal hours
of sale, for cosh, the following property, to-wit:
one gnat mill near Gordon ville, in saiu county,
•aid property being difficult and expensive te
transport, will be sold where it la at present loca
ted, without removal to the court-house. Held
grist mill levied on as the pr»|>erty of It. A. Gordon
and Zachariah Gordon to satisfy a mortgage ft. fa.
lowed from the Superior Court of said county of
Jones in favorof X. J. Hatcher Jk Co. vs. R. A.
Gordon and Zachariah Gordon. Hald property de
scribed and pointed out In aaid mortgage ft. fa.
January 3, ISM. g. J. PHILIPS.
isniwit Sheriff Jonee Co., Ga.
STOCK LA W NOTICE.
ORDINARY'S OFFICE, JONFfl COUNTY, Oi
December 24th, 1 **3.—Notice ts hereby given to 1
persona concerned that e petition according to U
aaa been filed In this office m+'iizz vi order f
election on Stock Law in Roberts's, the AMthOeorg
militia district of this county, and tutlees some I
gal cause bo shown to the contrary at the office «
Saturday, the 16th day of January next, at II o’ckx
a.m-.,euch order wtll be granted. Witness n
hand officially. R, T. ROSS,
dec29w3t Ordinary
WORK *"K »m*WafcKAJ
' ' ---bV.ijhd,., paid. Outstworth $Sai
particular, ta*. P. O. Vickery, Auguata, Main*,
jon 12,w, l?t