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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 DRUG AND CHEMICAL CO., Boston. Mass. Bend 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 Cure that has stood tho test of time. 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