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THE MACON WEEKLY TELEGRAPH. TITESDAY APRIL 6, 188(5.-1'WELVE PAGES.
KEY WEST IN FLAMES.
THE PRINCIPAL PART OF THE CITY
BURNED.
No Wafer to Fi&ht the Fire—A Mllon and
a Hair Hoars Moiili of Froprty
Swpt Away—Sveral Persona
Srlouty In J u»d.
MAJOR BACON S POSITION.
lie Writes a letter Concerning Hie Attitude
Toward the Katlroad Commission#
AtLiuta Constitution.
Mr. Don Bain yesterday received the fol-
Kky West, March 30.—5 k. m.— Firo
started in the San Carlos Theatre at 1
o’clock this morning. It is still burning
and is beyond the control of the firemen.
A fresh wind blowing from the south canned
the fire to spread. Already five Mocks in
the centre of the city have bu n destroyed.
The fire will probably go to the harbor.
The Episcopal and Baptist churches have
been burned, together with thirty other
buildings, stores and residences.
Later.—Over fifty houses have already
been burned, including the Masonic hall,
three or four cigar factories snd bonded
warehouses and nearly a quarter of a mil
lion of dollars worth of tobacc o. Officers
from the United States steamers Brooklyn
and Powhattan have qeen blowing up some
of the houses with powder. There is no
water supply, Ihe cisterns being mostly dry.
It is now settled that the fire will not stop
until it readies the harbor. It is now en
tering the business part of the city, destroy
ing buildings containing heavy stocks of
goods, and the loss will be very great. It
looks now as thongh the Hotel Bussell
would succumb shortly.
The fire is working north. Its track has
been so peculiar Unit it is difficult to
foretell the result. Indications are that it
will akirt the beach, taking the wharves and
warehouses of Phillrick A Tift, Curry’s
warehouses having already been consumed.
This will bring it to the United States naval
depot and the custom house. The buildings,
with the exception of the three warehouses
mentioned above, are constructed of yellow
pine, and the beat is so intense as to drive
the firemen back. This, added to the lack
of engines and water supply, will probably
result in the total destruction of the city.
Buildings of prominence so fnr consumed
are: Sawyers, Babcock’s, Gate’s, Perry’s,
Bart's, Patterson's, United States Mur.-hrd
Williams, Lester's and Brown’s private
residences, San Carlos theatre; the stores of
8mil!an ami Hay mans, dry goods; Otto,
drugs; Sariol, dry goods and groceries;
Bartlam, groceries; Brooks, livery stable;
the cigar factories of Sedenberg, De pino.
Soria, Canals and Wolf, and the Bussell
House.
Key West, March 30- -Night.—The fire
was got under control at 3 o’clock this after
noon. The principal part of the town has
been burned. Six wharves and five brick
warehouses were destroyod, in addition to
property already mentioned. The loss can
not be less than $1,500,000, with very little
insurance-probably not $100,000. About
fifteen persons were ifijured, of whom six
were taken to the Marine Hospital and the
others on board the men-of-war. No lives
were lost.
POLITICS IN COWETA.
Crenshaw, Maund and Abrahams, and ven
Henry Persons.
News an, Ga., March 30.—Editors Teli
SAM JONHS REFORMS.
He tilves L T p Ills Corncob Pipe and !(<•
noanres Tobacco Pore
Chica<k>, March 30.—While the two Samp
have been trying to do gomeihing for Chi
cago in a moral way Chicago has done some
thing for the two Sams. A fortnight
ago Saiu Small publicly announced
that he would smoke no more cigar
ettes, a form of vice which had sub
jectod him to a good deal of criticism. But
Ham Jones continuol to smoke his corncob
pipe and chew navy twist To-night, how
ever, at the end of his sermon. Ham Jones
renounced tobacco in every form amid an
*1..... I 1 1
plnnse greater thin has marked any of bis
much-applaudtd sermons. After remark
ing that ne consecrated himself to God thir
teen years ago, Mr, Jones said:
"Down in my country I have never been
iu A soul’s way that I know of. In a hun
dred different instances I have been notified
that a habit that you are given to is a stnui
bliog block to sonU in this city, sud I want
to say to this congregAtiod to-night, from
this day till we meet up in heaven you can
tell the world that Sam Jones has g°t no
no habit that is a stumbling block to any-
body. For your prayers and for your sym
pathy I am gmttful, and if I don’t do any
good in Chicago, let Chicago thank God
Almighty she has done the poor little pale
Southern preacher some good for the bul
•nee ot bis lifer
BAD INDIANS HAGUE 0 .
O oRlmo and III* Hand Surrender Uncondl
tloually to (icnerml Crook.
Fort Bowie, Arizona, March 30. —New
has been received here that four Apache
chiefs Geronimo, Cbihnhua, Naua and
Natchez—with ‘JO bucks and 48sqnawa, un-
condionally surrendered to Genera! (.’rook
near Kan Ilernadioo ranch, on the Mexican
lin?, Saturday. The captives were pluccd
in charge of Lieutenant Mans, who Li now
condncting them to this point.
Wahiiixoton, March 30.—It is understood
that the War Department has received offi
cial confirmation of the reportod surrender
of Geronimo and his band, bnt for some
unexplained reason neither the Lieutenant-
General nor the Adjutant-General will ad
mit that such is the case. It is also said
that the disposition of the captured rene
gades was considered at the Cabinet meet
ing to-day, and that action wus postponed
. until the views r.f Secretary Lamar uml
other members of the Cabinet, who were
unable to be present at the meetings in re-
K rd to the matter shall have been made
own.
A WILD SHOT
lowing letter from Major A. O. Bacon, in
reply to one asking him for a statement of
his position on the questions which are an
swered below:
Macon, March 27, 188*?. -Donald M. Bain,
Esq., Atlanta—My Dear Sir: I am in receipt
of your note of the 27tli instant, in which
you ask me to state for publication roy po
sition relative to the mil road commission in
this State. My recognized relationship at
this time to the public makts it proper that
I should reply promptly to your inquiry. I
would have preferred to postpone this pub
lication until i later day, when my position
upon this and other public questions will be
stated with more elaboration. There are,
however, some considerations which sug
gest the propriety of a present reply, which
will prevent hereafter any unintentional
misstatements by any one of my position
on this important question.
1. I was a memlier of the Legislature
when the law was enacted which created
the present commission, and favored and
assisted in the enactment of the same. I
have been ever since in favor of the contin
uance of the commission.
2. 1 here is no good reason why there should
be antagonisms or bitterness between the
public and »h« railroad interest. To prevent
such antagonisms and to secure and maintain
harmonious relations between the public
and the railroads, there is no better agency
than a commission which realizes the treat
responsibility resting upon it, aud which i
animated by a sincere desire to accomplish
this most import .nt result. In this essen
tial work a wiso and conservative commis
sion is no less important to the railroads
than to the public.
3. The commission should not be the par
tisan either of the public or the railroad in
terest. It should be as nearly as possible a
thoroughly impartial tribunal to judge be
tween them, to do exact justice to each, and
do injustice to neither. It should guard
the public against any oppression by the
railroads. It should also be careful to
avoid anything which will unnecessarily in
flict injury on the railroads. It is the high
duly of government to protect and conserve
all interests, public, personal and corporate.
4. The railroad companies should not be
allowed to charge excessive rates of freight
or passenger tariff. It is proper, however,
that they should bo allowed such rates as
will, with careful and economical manage
ment, enable them to keep their road bed
and equipment in a condition safe and com
fortable to the public, and at the same time
make it practicable to give reasonable divi
dends to their stockholders and to pay lib
eral wages to their employes commensurate
with the danger and difficulty of the services
thev render. In tlio contentment, efficiency
and fidelity of these employes, every citizen
of the State has a personal interest.
5. 1 regard the continuance of the railroad
commission as the settled policy of the
State, founded in the deep convictions of
our people a® to it propriety and necessity.
Permanent as it promises to be, it is of the
highest importance that it should ho util
ized as the prompter aud conservator of
harmonious relations between the public
and tho railroads. It should not bo per
verted into a means by which to foment
discord uml to create division among on
people.
6. No more deplorable disaster could be
fall us than to have political lines drawn on
this issue, with each side contending bit
terly for the masti ry over the other. Suet
A conflict once inaugural* d would be con
tinned with varying success from year to
ye r. Heated and angered bv the struggle
the successful side would doubtless oppress
and misuse the other Whether tho one or
the other were victorious, the result would
bo disastrous to public and private int<
cats. It is certainly the part of patriotism
for fdl good citizens of whatsoever conflict
ing opinion, to prevent this division and
strife, and to unite in the conservative effort
to maintain the commission as a thoroughly
nonpartisan tribunal, wisely striving for
tho good of all, aud carefully avoiding the
injurv of any.
7. Upon the vital question ns to the pro
priety of maintaining the commission with
powers nec*2s*.ry for its efficiency, there
is little or no division among the people of
this titAto. Differences which exist us to
matter* of detail the Democratic conven
tion, when i: assemble#, will i>e vww enough
to deal with and settle without division. It
will bo the duty of ell members of the
party to accept uml be governed by the
decision of the convention on these ques
tions.
For sixteen years the white people of
Georgia have maintained control of the
State government by adhering to the Deui-
ocrati • organizttion, and by Kittling among
themselves all difference# hk to men uml
measures. The result him been u restored
prosperity and a public ai-d private credit
which oouimaLds the admiration of the
whole country. It * id bo a fatal day when
there shall b * no loag»r Ic-it among us the
wisdom and eomervatisBj necessary to pre
vent division aud uisjord in the party upon
this or any other question of State policy,
The preservation of Democratic unity aud
organization in this State is essential to the
maintenance oi good government. Believ
ing this, 1 have invariably yielded promptly
to the decisions of the party speaking
through its conventi n. I shall pursue the
same cours* in the future, and the princi
ples and the policy announced by the con
vention soon to assimble, relative to the
Railroad Commission as well us to other
matters of State concern, will be accept* d by
me as Muding upon my individual judgment
and action. Yours very trulv,
A. O. Bac
graph:—Somebody complimenting Huxley
recently ou his demolition of Mr. Glad
stone’s theological article upon the ‘‘Dawn
of Creation,” Huxley replied: “I care noth
ing ubout Gladstone’s genesis, 1 am only
auxious to w itness bis exodus." This re
mark wisely illustrates tho growing temper
of the politicians of Newnan toward Henry
R. Harris, tho present member of Congress
from the Fourth District.
For six successive years Han is had rep
resented this district when a split ensuid
reuniting in the election of Henry Persons.
He served one term aud was a candidate for
renomination with Colonel 1\ F. Smith and
H. Cox as prominent rivals. In that
convention Harris was unknown. Smith
secured the nomination, but the secretary
of the convention was induced to withhold
tho announcement until Smith’s opponents
succeeded in getting some of the delegates
to change their votes before the announce
ment was made. TnU was a shameful aud
isgraceful procedure on the part of a fac
tion in a Democratic convention, which
has caused great dissatisfaction in the party
in this district.
When Col. Smith saw the perfidy of tho
political tricksters of his party in their un
derhanded work, regardless* of Lis own
interests and for the good of his party, he
caused his name to be withdrawn from the
Convention. When a dark horse was sud
denly sprung in the name of Judge Buck-
ltauan, who was nominated and elected. At
tho close of Buckhauan’s tenn Henry’ R.
Harris, again emerged from the rural
haunt® of Meriwether, to tho obscurity of
whose confines he is a fitting ornament,
and announced through his chosen agents,
that if the people of the district would
accord to him “tue nomination for just
term,” to smooth the pathway for "grace
ful retirement,” he would voluntarily,
freely and willingly seek the shades of pri
vate life amidst the red hills of his native
county, promising thut^he political head of
Henry’ R. Harris would never more ho
raised as a disturbing element in the Fourth
Congressional Convention. But alas! a
"change lias come over the spirit of his
dreams,” and instead of singing the song,
"I rest under the shade of the trees," he
now sings "O, carry me back, O, carry me
back,” with Crenshaw, Maund and Abra
hams, and even Ilenry Persons, once the
SUPREME COURT OF GEORGIA.
Oclslons Rendered Tuesday, March 30th,
188(1.
Special Report by Henry C. Teeples.
Eliza A. Cunningham vs. Woodbridge
*t Hat rim an et al. Trover, from Chatham.
Judgment reversed.
Lawrence Kelley vs. S. A. McWhorter.
Assumpsit, from Johnson. Judgment af
firmed.
Deliarry Bay a Merchants Line, vs.
Charles W. Austin. Breach of contract,
from City Court of Savannah. Writ of
error. Dismissed.
J. O. Matiiewson vs. Belmont Flouring
Mills Company. Trover, from City Court
of Richmond county. Judgment affirmed.
Wesley Hicks vs. the State. Vagrancy,
from Washington. Judgment reversed.
John W. Seymour vs. John H. Bailey.
Tresspass, from Madison. Judgment af
firmed.
Georgia and Florida Inland Steamboat
Company vs. J. A. Mercier. Complaint,
from City Court of Savannah. Judgment
affirmed.
A. N. Grovenstein, executor, vs. J. .T.
Brewer. Debt, from Effingham. Judg
ment reversed.
T. F. McWatty vp. Jefferson county
Claim, fiom JefTer-on. Judgment affirmed.
Orilla M. Eve vs. James Cross Adeer.
Ejectment, from Emanuel. Judgment re
versed.
E. W. Book et al vs. James Henderson
und vice verso. Complaint, from* Jasper.
Judgment reversed in first and affirmed in
second case.
F. IL Leggett A Co. vs. George S. Van
Horn et al. Refusal of injunction, from
Chatham. Judgment uffirmed.
Virgil A. Blitch vs. Central Railroad and
Banking Company. Case, lrom Effingham.
Judgment affirmed.
Ben Brown vs. the State. Rape, from
Washington. Judgment reversed.
N. E. Marchman vs. Robertson, Taylor A
Co. Foreclosure of mortgage, from Jeffer
son. Judgment reversed.
George W. Bridwcll vs. Sarah E Bridwell
et al. Certiorari, from Richmond. Judg
ment affirmed.
P. Lorillard A Co. vs. Barrett A McMns-
ter. Attachment, from City Court of Rich
mond county. Judgment affirmed.
T. J. Lin flier et al vs. J. I*. Saunders, to
use, etc. Rule vs. Sheriff, from Halt.
Judgment affirmed.
exempt his property from the debt incurred
by reason of his obligation on the bond.
Code, 5210, 5211, 2002; 66 Ga., 103.
(ai The presumption would be that the
funds in the hands of the treasurer arose at
least in part from taxes, and no evidence
was offered by the surety in this ease that
the fund or any part of it came from other
sources, though the treasurer, his principal
in the bond, was bound to keen a correct
record of all funds received by him and the
source from which they came. Code 528.
552, 500 to 525, 551,553. Judgment affirmed.
W. L. Phillips for plaintiff; Gamble A
Hunter contra.
438; 56 Gu. 132; 57 Ga. 31DC5 ,* : 8
67 G». 145. Casa, ami affirmed in 51
A. M. Spear, E. W. Beck, xt, 4 m'
(or plaintiff; C. S. Bartlett, P. jo,."**?
W. Anderson, contra. *
Grovenstein, executor, vs. Brewer. Debt,
from Effingham. Before Judge Adams.
Evidence. Payment. Presumptions.
Hall, J.—1. Where suit was brought on
a bond under seal and payment was pleaded,
and the plaintiff offered in evidence the
bond, with an account of the timber cut,
for the payment for which the bond
was given, with a receipt writ
ten thereon in these words: “Received
payment in full up to date, * includ
ing a note given on twenty days' time,”
and signed by plaintiff's testator, the payee
iu the bond, together with a note payable
twenty days afterdate, signed by defendant,
and payable to plaintiff’s testator, and proof
that th»- papers came from the custody of
plaintiff’s testator, it was error to reject said
note,
The amount shown to be due by sahl ac
count was exactly that for which the not*
was given, ami tiie note was necess -rv to a
full understanding of the tacts; it was ad
missible to explain the receipt, and from it
onnsel for plaintiff might have argued in-
f* rentially against the plea of payment and
that the amount of the note was still due
the bond. It served to rebut any pre
sumption that might have arisen from the
fact that it was accepted iu payment of
plaintiff’s claim. 71 Ga. 450. Judgment
reversed.
J. G. A. D. H. Clark for plaintiff; Lester
A ltavenel contra.
v». Central Railroad and R
Company. Case, from Effingham a
Judge Adams. Railroad*
Non-unit. Negligence. Evident J
apal and agent. ' r **
BLANDronn, .7.—1. The non-snit
'roper. When the train was witbin
hundred yards of the station to .-hist*
plaintiff was hound, the conductor , 1
through the train ami called the na „
the station, and said to plaintiff- -j .
I was as mar home as yon ar»,” i n ,i, **
on to the platform, leaving the door
ihe train was ranniug rapidly the
followed the conductor aid J ^
reached the platform and attempt] to
the railing he was thrown from the
hurt.
It is clear that the railroad w, l9 M
fault, that the accident was caus-ri hvKU
tiff’s negligent, i nd that if the railr
at fault the plaintiff could have avoided!
accident by the use of ordinary care S
* these defenses would relieve the <$
ideal of tho young Democracy, lustily join- ah Trover, from Chatham. Before Judge
ing in the chorus. Adams. Trover. Conveision. Notice.
In the coming contest Coweta will present
to the convention a gt ntleman of marked
ability, strict integrity and high Christian
character, who lias never had an office, yet
been a devoted member of the Democratic
party; whose fidelity to tho Democracy is
inferior to none, who is not an office-seeker,
and who, if elected, will carry into the
National councils that ability, purity and
excellence of character, sadly lacking in ho
many public men of to-day. They will
present ttie name of one whose doctrines ou
all the leading topics of the day aro sound,
and one who is a strong and devoted worker
in the temperance cause, and thut gentle
man is the lion. A Ivan D. Freeman.
Knowing thut The Telegraph L liberal
in its views, extensively circulated through
out *he state, and is always anxious to give
tho latest political news, I have written the
above. Bacon is booming up in thin sec
lion. Yours, L. i\ Barnes.
Cunningham vs. Woodbride A Hardman et
2. Evidence that defendant’s traina*
had agreed to pay all expenses incm-Ji
plaintiff on account of the injury wain?
erly excluded. The railroad company*
not be bound by such a promise of \u
• ant. nor is it an admission of an -
fend opus. Judgment affirmed.
Georgia and Florida Inland Steamship
Company vs. Mercier. Complaint, from
the City Court of Savannah.
Hall, J.—While the w eight of the evi
dence is against the verdict, yet there is
evidence to sustain it, and we will not in
terfere. Judgment affirmed.
J. J. Adams for plaintiff; Lester A Rav-
enel contra.
► the Man for Whom It Is Intended
an I Kills Another.
Galveston, March 30.- A special from
I«aredo aaya: Alderman Henry DoughuM
was shot and killed yesterday morning in
the Commercial Hotel by Alexander Menley,
of Corpus Christi. Menley and a young
man named Burbank had spent the * night
playing pin-pool, Douglass watching tho
game Early in the morning they all re
paired to the hotel bar, where a quarrel en
sued between Menlev and Bnrbank. The
foimer drew his revolver and fired, the bul
let grazing Burbank and passing through
Douglass's heart. Menley was arrested.
There is a great deal of excitement over the
tragedy, and threats of lynching are made
Douglass waa from Pennsylvania, and was
one of the moat popular railroad turn in
thia section.
Who I* the C nptlve Hoy?
Wilcox, A. T., March 20.-With the
Chiricshnas under Geronimo was a white
boy, aged about ten yean. He says his
name is Santiago McKinn, and that his
father is Irish and his mother Mexican
that he waa captured near Mi mores, N. M.
< He has light hair, gmy eyes and is of light
Imikl, lie says the Indiana treated him
kindly.
BRANCH RAILROAD
To Tup the Covington aud Macon—Other
Items from Mllledgevllle.
Millf.dof.villk, March 31.—At a culled
meeting of the Business Uuion last night,
which was well attended notwithstanding
the inclement weathe r, it was found to be
the unanimous desire of our citizens and
business men generally that we take active
steps towards building a branch railroad to
connect with the Mucon and Covington,
and if pluck and energy will succeed this
rood will be built this suuimor.
There is no doubt ubout it, Millcdgeviile
offers more inducements to capitalists, or
even men of small meats, than any city iu
the State. Shu has advantages that have
lain dormant for years which u little money
will utilize and will pay a handsome per
cent, on money invested. Rhe will double
her population in the next right years, and
a dollar pul in now will, in a short time,
double itself.
Our city at present has twenty new Livid-
ings going up, including a $25,000 court
house and a $15,000 Baptist church.
Our college has a full corps of experienced
instructors, and the rolls now show over 400
students. The B nsiness Union have been
instrumental in having the names of all
the streets posted and houses numbered
Hon. D. B. Sanford is expect*-d to return
to-morrow, und will decide the re&ult
the recent election on prohibition.
The many friends of Mr. W. II. Roberts
aro plcaHf-d to see him at his post of duty,
after an illness of four weeks.
Mr. T. B. Lamar left this morning for
Atlanta, his f.iturc home.
Tho recent election will undoubtedly be
out*sted. however, it may be decided by
the ordinary of the local bar. C. I*. Craw-
ford and M. Grieve will represent the pro
hibition party and J. T. Allen and W. L.
Jackson the antis.
THE LABOR TUOUULV81X BELGIUM
About at aa En*l-«Julet Boetored at Char
leroi and Di|e,
BursHKi K, March 30.—Qniet has not only
been restored at Charleroi, but the strikers
are generally returning to work. The only
locality where disturbances have increased
U Ihe central coal mining district.
Advices from Liege nay that quiet has
been restored. Troops which have been
stationed at Charleroi and Liege are leaving
thene places for Ton rear, and the Governor
of Lirge bos promUed the striking miners
that he will intercede tor them with their
employers, with the object of securing for
the workmen an increase ot wages.
Partnership. Service.
Jackson, (;. J.—1. If the bond in question
had not been negotiable, but a mere per
sonal chattel, the conversion of it by de
fendants in error would have been clearly
made out. Being a negotiable bond,* if
they bought it without notice, they would
be protected against the ow ners.
2. Notice to nuo partner is notice to all
and bind the firm. Knowledge of out- is
knowledge of all and binds all. 1 Collier
on Part. 260, 641, 654.
Even a fraud by one, is fraud in all as t<
innocent third parties. Code, sec. 1015; 56
Ga. 478.
(a) Therefore the firm procured the bond
with full knowledge to whom it belonged,
and the plaintiff is entitled to recover it.
31 Ga. 362; 45 Ga. 126.
3. Service ou one partner serves the firm.
47 Ga. 253.
(a) The action i«? nail trover, and the
bond is given by the firm, and the surety is
surety for the firm. So the action is against
the firm, the firm has secured the debt or
damages by its bond, and even if the part
ner who was served had any equity against
the owner of the bond sned tor, the proceed
ing is not Against him individually and will
Xxoi he, because the firm haH secured tho
pluintiff. If his pai tuer who is beyond se is is
indebted to him, the firm dc-btH must he
paid before the partners indebtedness to it
can he paid out * f the joiut assets. Judg
ment revel srd.
Chisolm A Erwin, Cunningham A Lawton
for plaintiff; Denmark A Adams contra.
An Old Lady'* l>«*per*t« slot.
Canton, March 30.—When Mrs. Allen
Keith was reported missing yesterday, it
was feared she intended suicide, boon her
husband and family arouhed the neighbor
hood, who turned out to search for h*-r.
Runners came to town, und tiirn and boy?,
tin nurses aud ou foot, joined in the search.
She was traced through fields and planta-
Lutioua, und along roads some five miles to
a small creek on the Carti-rsville rood, where
she waa found some twenty feet below the
roud in a creek lodged against a water rack.
She wus rescued by the pursuing party, ami
De Barry Baya Merchants Line vs. Austin.
Breach of contruct, from Citv Court of
Savannah. Before Judge Harden. Prac
tice. Motion for new trial. Exceptions
pendente Utr.
Jackson, ('. J. -1. Motion for a now trid
on the grcuud that the court erred in not
sustaining a demurrer mode at the first term
of tho court, ut which term n yendentt lite
hill of exceptions wus file*), was properly
overruled.
This is not proper ground for motion for
new trial.
2. Where the only ground of error alleged
here is the refusal of the court below’ to
graut a new trial on the ground mentioned,
this court bus no jurisdiction. The prac
tice amounts in effect to nothing more than
excepting to and bringing to this court a
ruling ot the court below made six months
before the final bill of exceptions was filed,
no error being assigned on anything which
occurred at the trial term, except as part
of a motion of which it could not l>e a part.
in) Their must be some legal assignment
of error on what transpired ou the trial term
in order to bring her** and astdgn error on
i*ndnde lite exceptions at u previous term,
Writ of error dismissed..
J. J. Abrams tor plaintiff; Richards A
Hayward contra.
Eve vs. Cross, administrator. Ejectment
from Emanuel. Before Judge Carswell,
Homestead. Parties. Pleading. Amend
incuts.
Hall, J.—An action of complaint for
lund was brought by a wife for herself and
ns next friend of her minor children and
the abstract of title relied on was a home
stead, the abstract stating the premises set
apart, w’hen it set apart and by what officer,
but not on whose application. The action
was demurred to on the ground that the suit
should have been brought by the husband
as head of the family. Pending tho de
murrer ari amendment was offered making
the husband plaintiff suing for the use of
his wife and children. This was rejected
and the action dismissed. Held:
1. As the wife and children were the ben
eficiaries of the homestead, and entitled t
possession and income, they might have
maintained the action. They hud the right
of possession and iu the absence of evi
dence to the contrary tho defendant was
not presumably th« rightful possessor.
(u.) The abstract of title was not so full
it should have been, but the production
the record to which it unmistakably re-
-rred would have corrected its deficien
a, 67 Ga., 3681, 61 Ga., 501; Glover vs.
Stamps et al., September 7th, 1884; Bras
well A Son vs. McDaniel, sune term.
2. The amendment should have been al
>wed. Code 3170.
It did uot add a new and distinct cause
of action, or u new and distinct party.
Code 3180, 3487, 3186 and citations. Judg
in cut reversed.
Josiah Holland, Blick, Doll A Wa’eh
Hatrisoii tS: Peeplu# for plaintiff; James Iv
Hints contra.
Ben Brow’n vs. the State. Rapo, fromWid
ington. Before Judge Carswell. Evidei
Com iL iiting court. Impeachment
Blandforl*, J.—1. The evidence doni
arrant the verdict. 54 Ga., 44<).
2. Where foundation was laid to iu,*,
t wo of the State’s witnesses by askinTtL
if they had uot testified to certain mit«
things before the court of inquiry iti
error to refuse evidence of the pVei;<£
judge in such court that these wituLseri
so testified, because the testimony had hi
Liken down in writing before the eon
ting court.
(a ». The testimony in such a case eta
proved as well by one who heard it u
the notes or memorandum of the eri<k
taken down by the court. 60 Ga. 11.
differs from an approved record, and «
from a voluntary statement by the ac x,
before the committing court, which ti e]
requires the magistrate to take donn i
return to the Superior Court. 54 Gx 1
The loss or absence of the testimony ul
by the committing court wag shown ini
case. Judgment reversed.
Evans A* Evans, Harris A Anderson.I
Robson for plaintiff; Oscar II. Ho*
Solicitor-General bjr J. K. Hints coma
of
ciefl
Hicks vs. The State Vagrancy, from Wash
ington. Before Judge Cars*well. Criminal
law. Evidence.
Jackson, C. J.—1. We are loth to inter
fere with the discretion of tho conrt below
as 11 continuances during term to procure
the attendance of a witness.
2. The evidence does not sustain the ver
diet. The prisoner wrh charged with tlr
offeiFC on the 1st of March, 1884, und a
other times prior to that dute, and the only
evidence against him was that of two men
us to January, February and part of March,
that they did not see him work and (lid not
know whether he had any possessions or
uot, and did not know of his getting any
money from preaching unless from volnn
tary contributions. Judgment reversed.
J. A. Robson tor pluintiff; O. II. Rogers
Solicitor-General by J. K. Hines contra.
Coughed l'p» Silver Dollar.
Barnehvii.lk, March 30.—Ahorse belong
ing to Mr. J. L. Kennedy has been suffering
for some time with what was supposed to
be distemper. During a violent fit of
coughing to-dny the horse coughed up a
a silver quarter, which had lodged in some
nnaconnuhle way in hie throat. He is
now all right;
on their return tried to choke herself with
a shawl.
Mrs. Keith is an estimable lady and lias
every comfort ut home. No cause is known
for this strange act, except some sudden
vherration ef mind. The only explanation
given by her is that she hod livo.t long
enough. She is about sixty years old.
Should Cultivate a Closer Acquaintance,
The Macon Tklkorai'U is coming to the
front us one of the great .Southern doilies.
Its editorial psges, its local departments,
aud its Atlanta bureau are s|>eciul
feature* which cannot be excelled by
any daily in Georgia. (Mir people should
cultivate u close acquaintance with the
Telegraph. It will pay them.—^Talbot ton
Era.
Seymour vs Daily. Trespass, from Madi
son. Before Judge Lumpkin. Justifica
tion. Assault and battery. Pleading. Coun
■el. Proof.
Jackson, C. J —1. A plea of justification
to kii uetion for assault and battery, must
admit the buttery, as alleged.
(<0 Where the declaration alleged a great
many violent blows with first sinl an axe
helve etc, pleas that defendant did a little
beat plaiutiff noccsnarily and unavoidably,
and plaintiff by his tiuiauti brought it ou
himself; and tnat one blow wus struck
plaiutiff by defemluut with the axe bundle,
bnt that this was authorized by defendant'k
attack on plaintiff, were not good pleas of
justification 1 ('bitty 500. 601; 1067;
2 Green Ev. 05; 60 Ga. 257; 72 Ga. 214
Code 3051.
2. It is not the duty of the Court to in
struct counsel how to plead, and no assign
ment of error will lie tothegmuud on which
the Judge refuses to do so.
3. In a civil case plaintiff is not bound to
I uxive his case bey end a reasonable doubt,
fudgnieiit affirmed.
S. P. Thurmond, E. T. Brown bv J. H.
Lumpkin for plaintiff; Barron A Thomas,
John J. Strickland contra.
Won ot the New Orleans Kxposition.
New Orleans, March 31.—-The Central
and Booth American Exposition was closed
in due form to-day by President McConnh o
in the presence of a large number of peo-
pla. Major Barke, the Brazilian naval
commander and cdn»al-seneral. Governor
McKnery ami Kentucky Commissioner 4.
Smith ma6« addrtnw.
A Law mhU Order l-.»cur.
bvuMR, March 29.—At the srcekly
uieetiDK of the 1-rutesUnt Ministers to-duy
it waa rfecMi-d to rail a mas. meeting of the
citizens next Sunday night Intake into con
sideration the forming ot a Law and Order
Leugne in this city.
A Uag* Joke.
Savas.xjii, March 31.-The Times this
erening announces the elimination by work
men preparing for the foundation of the
new cotton exchange, of a petrified skel
eton, ten feet high, of a man of some ex
tinct .ruw.
Fir. In Sunlrmlllr.
On Handily morning at about 2 o'clock the
stable uml l>urn of Dr. Summerlin wero to
tally destroyed. A valuable cow anil two
fine hogs were roasted alive. The horses
were with difticnlte got oat, one of them
Is'ittg tmillv Lurried, iu the Lui'.iing was a
large <|iuuiity of rom, bacon, fodder, bar-
nrsa, etc. The loss fails heavily on the
Doctor, there lsing no insurance. Hand'm-
vilie Mercury.
A Book-kaeper Killed.
A telegram from Waycross dated the 30th
saya; K. It. Hanker, Iss-k-keeper for Oeo.
W alter at the Waltcrt ><rn mills belie, waa
sinned iiwisnlly killed this alternoon. 11s
Irul gone from the office to Uie mill, ami
while passing tLe saw a piece of las.nl from
the saw struck him ia the back with terrible
ferce.
Kelley va. McWhorter. Assumpsit, from
Johnson. Before Judge Carswell. Duty
of Counsel, llritf oi Evidence.
Jackson, J It is the duty of counsel
to bring to this conrt a clear and connected
brief ot to idt nre,*iin l to make error aptveur.
The brief of evidence ia nincli confused a id
obacure iu thin case; from it it aeems that
the weight of evidence waa with plaintiff
error, bnt we raonot say thete was 1
evidence to suatain the verdict. Judgment
affirmed. A. F. Daley fer plaintiff; S. A.
McWhorter, Cain and l’olhill contra.
Mutthevson vs. Ilelmnnt Flouring Mill
Company. Trover, from City Court
Uichui' nd county. Sales. Condition
precedent. Contracts. Title. Trover,
Jackbos, C. J.—The Hour was ordered by
broken for Dull A Co. with this directk
'Ship os soon as you cun, forty-live da)
draft, to B. Dub’A Co." Dnb A t.'o.
signed it to Matthewson at their assigne
without returning the draft signed, it being
sold witli the bill of lading and an invoice
stating the terms us forty-live days of
ptunce.
Held: The giving ot the acceptance was
a condition precedent to the uci|uiaition of
title by B. Dull A Co., and the sellers of the
flour might maintain trover therefor against
the assignee. Ben. on Halts, par, :H3, 341,
341, 501, 503, fitW; 15 Gray 223; 123 Mass.
143; 126 lb. 182; 13 Iowa 238. Judgment
affirmed.
Adolph Brandt for plaintiff; Foster A
Lamar contra.
J. G. .V D. H. Clark for plaintiff: U,
Cunningham contra.
Leggett ,V Co. vs. Van Horn, et si.
fu'salof Injunction, from Chatirun.
f re Judge Adatni Homestead
Exemption. Chosen in Action.
Blaxdvorp, J. 1. An exemption tu
set apart in chose* ot action ns Weil an
other special of property, au 1 when *
apart It ia free from judicial intaaa
1 Ga. 154. Judgment affirmed.
V. N. West by King A Spalding
plaintiff: Lester A llavenel contra
Limiter vs. Schaefer ituie againstS'i
from Hart. Before Jndge Lumpkin. Fi
coming bond partite, Hn!e.
llt-AKDronii, J.—Where judgment
Fuller was levied and Liudler beconu
ty on a forthcoming bond for the pi
levied on, and judgment on thislo
had against Lradlnr anil be paid •'
money to tho sheriff, he could not p
pate in the fund because of liens in ii
against Fuller, the original di'
in execution. Judgment affirmed.
J. II. Skelton, McCurryJV 1’iofHtbtl
I.nmpkin for pluintiff; F. 1!, HodgttJ
Shannon contra.
Marchman vs. Robertson, Taylor i|
Foreclosure of mortgage, from Jeff
Before Judge Cantrell.
Fraud. Contracts.
BuMivor.p, J.—1 A plea Hint ddl
w as only a security on the note that
gage was given to soctite, foronetV
was principal, that abc waa inducedlj
by the false anil fraudulent reprow
of plaintiffs that they would farm*!
with a certain fertilizer to sell in »*
territory; that Cook placed 250 toil*
feitiliz.i rs, but that tho mortgsu«J
and refused to furnish it, which it f
done would have enabled Cook tojf
note and saved her harmless, was ■
erly stricken on demurer.
in) The acts set up increased th*q
risk. Code 2131. P
|l*i If she was induced fo sign *H
the contract was void.
(ei This is not an attempt to aid*
or contradict a writttn contract, bur
acts and conduct on the part of
which increases! the risk of the * s’
to show fraud by which she w,.
become surety.
Judgment reversed. F. H. 8z.»j
plaintiff, W. S. Phillips contra
Bridwcll vs. Hridwell et al.
troiu Richmond. Before -lud.t *
Homestead. Mills. Legatees.
BlaxouH’P, J. - A widow, tor fc*
aa next friend for lier minor cbii'
take a homestead in proiiertf 1
longed to her deceased husband riw
ot Ida death, when by his will ttop
lias been devised to h’er for life ■
ir the minor children, over the •
of a judgment creditor of (be t
40 Ga, 437; 52 Ga. 407; code 29*J
121; 43 Gu. 377, cited and dUtja,
Judgment affirmed. W. K.
plaiutiff, W. H. Fleming contra.
Beck et al, va. Henderson end vice versu.
Complaint, from Jasper, lb fore Jndge
Lawson. Evidence. Dxcree null suit.
McWatty va. Jefferson county, (.' aim. from
Jefferson. Before Jndge t unwell.
County Treasurer. Taxes. Homestead.
Surety. Presumption.
Ham, J. 1. The security on the bond of
e defaulting county treasurer, against whom
an execution baa issued tor lands belong
ing to the county in the band of the time-
nrer, cannot take a homestead, which will
Judge pm hoc rice. Corporations. Credi
tors. Stockholders Defences.
IlLANproui), J. 1. When u decree is so
distinct and certain us to he understood
without reference to the pleadings and
other proceedings, the same need not he at
tached pi tin decree. Tarver va. Colquitt,
last term.
2. Where patties do uot agree on some
one to preside, and the judge of the Hupi
rior Court is di»quahticil, it is competent
for the clerk to name a nt and proper per-
son to preside, and this although the par-
ties had uot tried or made any *11. i t to agree.
3. 'the nonsuit was erroneous. Tin 1 plain
tiffs showed their authority to sue und put
tb>* note sued on in evidence anil without
noire would have Im-n entitled toa verdict.
4. This action ia brought in behalf of the
creditors of a defunct corporation and not
by the corp uratioo, sauiust a stockholder.
All the pr..pv-ty ot such a eotporation ot
every d* scription constitute a fund for tic
pay m-nt of its debts. Covie 1688.
5. Sulvscription stock may be called to
satisfy creditors, and the courts will compel
a payment of nu|svbl stock.
6. Hnch stockholders cannot set tip any
defense, in such a ease, as to fraud prac
ticed eti them in the otganizalion or acts ot
the cor]Nitatiun when aneh a corporation
has held itself out to the world and con-
tructvsl debts on the faith of its proper or
ganization, a here such stockholder baa
stood by and interposed no objection.
Lorillard A Co. vs. Barrett A '
Attachment, from RichmouA
Judge Koney. Attachment. I* 1
Blaxiitobd, J.—An attai-hnuat®
tion 3293 of the Code must
debt is due. Acts of 1*71 and D-
Acts of 1878 und 1879, p. 18; - 11
J iidgment affirmed. , . i|
J. H. Honk for plaintiff; John8 |
Davidson'contra.
Something of a M»»' (
George W. Newsome, one e.
farmers, ia a prodigy in man? Rl
person be is five feet and tiv- 1
inches in height, weighs 2131’
me of the best ruoners in the
has eoru in hi* crib five y* ars L ‘,
tv sts his success as a farmer. 1
. » _r as-i-clase* 1
ism be excels, being a llrsts.U--a
—Washington Chronicle.
The Machine Waa Hot .
That staunch old j n " rI1 '7.,j|
Tr.Lt*ia.vrH, had it» *‘inus t~l
“of last week. The occurre^-J
«-v-~ti jar the machine a 0 ' 1 ‘Zf
from the "Central City”,cpn‘e*'|
bright as ever. It will D ^
in jo mutism when the ■ 1 .
"'knocked clean out of Ih*
cross Headlight.
A queer West-
Waxteii—To purchase a
federate private'a ami officer^
separate part# of aether.
Bel k?
canteen, gaiters, bat or cap. •. ,
scabbard, cartridge box, *Jp■ ;
good older. Address Bla»*-
tt-tni in Marietta Journal.