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BABRACK ghost story.
CtiUDben 1 Journal,
ipri.om r have you any objection to be
' { w- ma ,i*?n Hident or by auy member
tricd^) ^ -rtial?" asked the field officer
tf ‘ b !f, «.n1ctailcd for the duty of pre-
^fJSoreTthe court.
» j miswevei; font was my most
"■‘"Lbio situation that morning to be
"“ lit to the court room for tml, having
••mit back” by my commanding oflicer
.f' ys before on a charge of having
brought to
been 1
J on rny post while bn sentry-un
characterized in my Ud.ctment as
° mluct in prejudice to good order and
’“ffmembem composing the court were
. and the trial prooeeded in the
* e afrnus fashion peculiar to military tri-
? an **£ tbe president laboriously writing
1 , „ Ivcrv word cd the evidence as it was
I J ?’?J ^he sergeant who had been in
V me of the guard at the time of my nl-
f b S offense was the principal witness
le S“ , and he began to describe, with
**1 ia nelv ungrammatical volubility, how
he'bail found me stretched on the ground
hut was at once pulled up short by
*?President, who ordered him to say what
iTkad to sav in as few words as possible.
I -Was the prisoner so ^ leI ' t aa hed one of
— HE MACON WEEKLY TELEGRAPH: TUESDAY MORNING, APRIL IS, 188G.-TWEl.VE PAGES.
tbc officers
when the sergeant had finished
sir,”
replied the man of
, The men - .,
rorroboratid the sergeants statement,
1 sis cathd upon for my defense.
1 therefore narrated to the court that
ihortWhetove my two hours on duty had
I .mired, I saw a white figure currying a
1 drawn sword pass close to my post; and
1,1,0 Wing of a nervous, excitable tempera
l meat, i»as so frightened that I fell to the
I «Knmdinatiniiconscious state, and only
I * i T «•«« roused by the ser*
U-tr^.Uen I w
of th 1 jnard.
'•Prisoner,'' r« marked the President, “iu
mv wruty years’ experience of tlie army, I
lu’vr gprveil on numerous courts martial,
and h ive kcaid all kinds of ingenious de
fences pat forward by m n in your present
position in excuse of the offends with which
they were charged; hui your line of de-
fcDst- is the most rtraurkdbie that bus come
uii«n r my observation. Who, do you think,
will credit a story of that description? As-
ruellv not I, for on**. Now pii-uner.” eon-
Itinued the Major iu a i dly tone, “I must
advise yon thatjonr action in submitting
to the couit a statement of ihut description
iapitrtiuely injudicious. You will doyour-
IwUnpositive injury by persevering m it.
not only with regard to the probable extent
ofyonr jiunishnient, hut also to your iepu-
itition as a soldi* r. It will be fur better for
vousimply too«u that you were ashap
iVuotiv vl y.'Utit* mau who has served *m|
tuc regitntni; so, ninUr the
ErramdinotH, a-HUtuim: tout y«oi »ulopt
ray gtggtsiion. which is Mwurt-diy meant
tor yoar good, the court may thiuk tit, con-
jwieiitly with the duty demanded ot it by
Ihehwdand bu-t requirements of military
iv, tortcoiuwcnd a much lighter sentence
»f iuipriAouwent than would be adminis-
re«l to older and more expeiienced
tmbtrof the service.”
“Icm only tell the truth, sir,” I urged.
“That, then, is your defense—that you
ere fr^uteued by the figures you saw?”
[kxduiA officer in a tone ot vexation.
•Thu*, is my defense, sir, ” I replied.
“Very veil,” said the President, writing
hro ray statement. ‘‘Escort, remove the
isoner. Stoi»! About his character? Call
e captain of his company. ’
lfj ci'ptwn, hnswertug the summons,
ted that my conduct had been most ex*
plwry, after which I received the com-
ind: “Liftturn, quick march!” and was
imoved to the guard-room; and the mem-
trs ot the court-martial begun their dolih*
jAtious ou the duration of Ui« period of iui-
pihonmiut which they meant to administer
b me.
11 shall now rdate the facts in connection
■jthi the appearance of the 4 'figure" before
puded to. At 1 o'clock on the morning of
r arrest, 1 *** posted ou sentry in front
J a vhII which had been built on the face
* overhanging the beach. Why that
nwabr «pot required guarding, when any
i *,mpt “0 the part of a soldier to break out
Iuc iiurnwka would beequivalent to com*
i hUiiide, as the rock had n sheer un-
decent of ICO feet, was a matter of
pwungspeculation to tho men of all the
Kunenu which In tnru occupied the quur-
' Ijjfc* b». A tradition, however, which
J Retailed to me by an aged veteran who
Kut-.a im burracks laborer, throw some
i L "0 the subject. Many years before,
J» Lionel of a regiment which was about
■ the town in order to embark for
Il£ a Kentr >* ou the spot in order
■ vreitat his men from throwing over the
, ie ru bbisb that accumulates iu chang-
UUl * tvlh ving regimeut,
i ^ !: . ls ,IJur ‘ «»n duty, had supplied his
U “ out bouhling themselves about
an l ulu*rofo:t*; the post lK*came in
Ctn u P tWlu| n«»t institution, and a
r guard* the null to this day.
' tn<>nung on which I was on guard
i 1 ? c °ld and frosty. The
i*l bri « L ! | Y« Growing the dark
t,u ‘ adjoining officers' quarters
■’, v ‘ lerviH * the parade-ground in
L,. ‘i 'alley beneath 1 could see
. "fW*! B»ble and chimney of the
hd 1 1 *i P^l-fashioned town that
lwu> _ m the hollow between the
Us'..' Uh * t his moon was reflected
'■ j 1 H**» ocean to the south, aud by
^ could even see the glittering
ptmmint t e Hintry i * ho « nar,l,?d the
t n .,_ Qt H on the pier, u mile dis-
K^ffPStwldlew on duty, how-
,lt,e for tho pictur-
,utn wtnilrttly aitn-
tt„ ! i h»r the termination of
,i.„ lrs vigd, and little inclined to
)rk ,^ lr f°) lu dmg scenery. At length
itvJ!,, UL V {, , UU( t t " UH at once flll«*d
dial,., ^ ebef, y ►c.tisfaction ut the
1 ,)f ,n il| K relievial, and
-d t „° i guard-room and
P ot ti»t coffee before turning
on gate lustily
t to ^ s *«Rimons for the
• Uk,. a,,’ ut »d j»«t as I was prepar-
,| ^tnruonray post, I per-
. txlr *‘ ,J ‘ity of the shadow cast
wLiL ! H^Jters, a ghostly figure in
f i »w«,r 1 r* '’r ttr,u « »tK hand a
km Cl . i 1 eQ deavored to shout for
s , fkd^r n ,^ a f BO “harrowed with fear
f itoi l * W * UI unable to articulate
r ; ■. . “it when it turned rounu
I n-‘nfiaad to its white
f ‘••wUb'i** lf iu it» nstiect no
pb,l lt b t ' f rr,,r mi i men-
|>iU I* ni rv0UH temiiemment, l
'‘tel only recovered con-
r'. 1 w.i .i “ lul , nnl,: ot two after
1 r ‘t the ^ ”' UL '' LO ®l» hjr the
[' • ta'w o®«»r, along
r'^nheA r ‘ ,u * , i >»n«h«l heartily
p,i„i, l ,1 ‘* fn< fnt Ihad receive. 1,
r r ^L W 1 lu,a »>**» dreaming
‘“hiXir- 'T form ^ ^ <i«‘r
m u,..;, /. {”•«» of diacipUiie
'‘*«S^5* Uon - He deprived
I ri »Jni r»' 0< *’* “*• ““d confined me
n 'loartere in the guard-
^0#^“ before the com-
'■ * hot-headed Welahman,
whom I shall call Col. Morgan, charged with
having been asleep on my post. To him I
related particulars of the mysterious figure
1 had seen; but my statement, instead of
proving n satisfactory excuse for mvoifense
as I hoped it would, threw the worthy Coll
onel into a state of great indignation, and
he at once remitted me for trial bv court-
martial. 1
Ou the third day after the sitting of the
court I was informed that mv sentence
would bo promulgated at forenoon parade
With a sinking heart, I heard the “aasern-
bly sounded, then the “fall in;” aud
shortly afterwards the band played merrilv
as if in mockery of my agitation.
Escorted by a filo of the guard, I marched
to the center of the lmllow square into
which the regiment had been formed, and
the adjutant read my sentence, which was
that 1 should be imprisoned with hard 1 tboi
for a period of eighty-four days. Appended
to the confirmation ot tho proceedings of
the court-martial by the general command
ing the district was a note to the following
effect: “Considering the nature of the
prisoner's defense, which was calculated t,>
excite an uneasy feeling among tho men of
his regiment, 1 consider the punishment in
flicted quite inadequate to the enormity of
his offense.”
The next day I was escorted, handcuffed,
to a military prison about six miles distant,
where, after having being medically exam
ined and weighed, I was introduced to a
most select assemblage of erring bretbn n
of tho sword, who were engag,d in the iu si
exhilarating occupation of nicking o„kuui,
alternated with the agreeable muscular ex
ercise of “shot” drill.
The humiliating and degrading situation
in which I found myself, through no fault
of my own, made me, naturally enough,
deeply regret my folly in having joined the
army, and excited witain me many unpleas
ant reflections on the good prospects in
vil life which I had thrown to the winds.
Like Mickey Free's father, in Lever's
‘Charles U'ilallev,” I heart ly ejaculated:
‘Lad luck to tlie baud that held the ham
mer that struck the shilling that listed me!”
Now for the sequel of my ghost story,
which was related to me when I was released
from durance vile.
between 2 ami ;j o’clock on the morning
of the daj after I was taken to prison, a man
come seieiimiug into the guard-room tif the
barracks, exhibiting symptoms of tho most
i xt>-uie terror, and declaring that he, too,
hail seen the figure while ou sentry; and bis
description of its appearance was precisely
similar to mine.
The sergeant of tbo guard at once rushed
to tho officers' quarters, woke up the adju
tant, anil informed him of the ghost’s alleged
- ppearance. A hue-and cry was at once in
stituted; and tlie orderly sergeant having
been roused, a “check-roll" was called, tj
ascertain whether any man had left liisroom
for the purpose of playing a practical joke.
Every nook and cranny in barracks,
from the officers’ quarters to tlie wash
houses, were rigidly examined; but the
spectre had apparently vanished into thin
air, leaving all the regiment in a state of un
pleasant suspense.
“What's all the row?" shouted the colonel
from the window of his room, he having
been awakened by tbo umisuul commotion
in barracks.
“The ghost has appeared again, sir," re
plied the ndjutant.
"Have you caught him?”
“No, sir."
“If you do, put him, white sheet and all,
in the gunrd-room. I should very much
like to see the gentleman," remarked tlie
colonel, as he closed the sash of Ua window
ai.d returned to bed.
That morning, at orderly hour Colo
nel Morgan remitted the unfortunate fellow
who, like me, had been scared by the mys
terious visitant, for trial by the court-mar
tial, declaring that he would put an effect
ual check on these absurd fancies of the
sentries; and immediately before the
usual parade he delivered a most character
tistic warning to the regiment on the sub
ject. After describing the condign punish
ment which any practical joker, whether
officer or private, might expect if caught in
the act of playing the ghost, the command
ing officer furiously exclaimed: “When
a soldier is ou duty I expect that he will
stick to his post, even supposing the evil one
himself should make his appearance; and
I will try by court-martial any man who
dares to act contrary to my express injunc
tions."
That afternoon, however, when tho guard
mounted the adjutant privately gave orders
that the oldest soldier should be detailed for
the second relief on the haunted post; ami
this selection fell on a brawny Vorksbire-
man, a Crimean and Indian veterun named
Sykes. Sykes at once intimated it as his
intention to liuve a shot nt tho specter; and
being tilled with a superstitious belief in
the efficacy of a silver bullet when tired at
a visitor Irom the world of spirits vowed
that he would hammer up his day’s pay of
sixpence and place it in a cartridge, to
make sure of “doing for” tho ghost, even
although he knew the operation referred to
would spoil the price ot a quart of beet.
The sergeant of the guard having seri
ously inquired ot the Adjutant whether, in
the event of the fignre again making its ap
pearance, the sentry would be empowered
to fire at it—
I think not," the officer laughingly ob
served. "if it is a real ghost, then I’m
afraid a bullet won't lie of much service. If
it is a practical joker, then wu'U make it
hot' enough for him without shooting
him.”
That evening at mess the appearance of
the specter was the general theme of enn-
Yersaiinn among the officers; but all of
them, however, expressed their incredulity
with regard to the atory. A few of the
youngst rs, whose curiosity was strongly
excited on the subject, made lip their minds
to keep watch beside the sentry, so as to
pounce on the spirit when it made its ap
pearance, and arranged to take with them a
pet bull-dog belonging to the Colonel, to
assist in thc'operstion.
“Won’t you join us, sir?" asked a young
ensign, addressing the comman.iiug officer.
“I think not,” he replied. "1 am tired,
and shall go 11 bed. If you catcb the ghost
wliieh I snspeet is likeiv to be one of tlie
men—elap Inni in irons and put him in a
cell, ru atteml to him to-morrow."
When Col. Morgan left the mess-room ho
visit*, 1 the haunted post before retiring t.
bis quartets, which were close at hand
After replying to the sentry’s challenge, he
asked Sykes;
“Have yon seen anything as yet?'
“Not yet, sir,” replied the man.
-1 don't think that it is likely you will,
either," remarked the Colonel with a laugli
ns he retired to his room.
Shortlv afterward, when the clock struck
2, the young officer left the mess-room and
cautiously stele over the barrack square to
the place where “the spirit held its wont to
walk." Poor Sykes wss very glad of their
company; for, though he was a man of un
doubted’ pluck, and gre'atly rcajiccted in the
regiment for his pugilistic prowess, be was
not at all bright at the prospect of tackling
the ghost all by himself. II© paeed about
on hi* post, keeping a sharp lookout, and
the officer* crouched nndtr the abadow ot
the wall; while the dog took up ita quarteni
in the sentry-box. A little before 3 o dock
they were startled by the abrupt appearance
of the apparition, wHieh carried a* Wow a
V?ho come* then*" ■boated Sykee,
bringing hie r.fle to the “charge.
The specter made no answer, but slowly
raised its left hand to its forehead.
The dog, with a loud growl, sprang out
of the box and rushed open-mouthed at the
figure; but when he approached it he began
to wag his tail, and evinced symptoms of
great satin faction. The olficers and the
sentry at once surrouuded the ghost, and
found, to tlieir most mteuse astonishmont-
that it was no other than Col. Morgan him
self, attired in his night dress, in u state of
somnambulism.
Aware of tlie danger of waking him while
in that condition, they followed him to his
room, whither ho almost immediately re
turned, and there they saw him sheathe bis
sword and return to bed, seemingly obliv
ious of ther presence.
Next morning ho was apprised, of the cir
cumstances of tho case, and the poor
Colonel was naturally very much concerned
on It ami: g the nature of the malady of
which he liml been^na unconscious victim.
Of course his first action was to write an
explan ition to the General, with a request
of my release, and liis next to publish in
regimental orders his regret for the trouble
he had unwittingly occasioned.
Several red-tape formalities had to be
gone through; and it was some days before
I was astonished and delighted by an inti
mation irom the prison Governor that I
was free, and was handed over to the
charge of a corporal, who had been sent to
bring me to my regiment. Whenever I en
tered the barrack, I was ordered to proceed
at once to the commanding officer s quar
ters. Colonel Morgan shook hands with
me, and expressed liis extreme concern that
he had been the innocent cause of my
haviug been subjected to such iguomy.
“No wonder that frightened you, my lad,”
lie observed with a smile. After informing
me that he was about to proceed on leave —
with the intention of undergoing a course
of medical treatment to cure him of his dan
gerous propensity to walk in his sloei»--he
presented me with bo by wav of solatium;
and further gratified me by saying that hav
ing ascertained I was of good character and
well educated, he had that day placed mein
orders as having been appointed lance-cor
poral. “Always behave yourself, my lad,
and I sha’n’t forget you,” said tho Colonel;
and I left his quarters perfectly overjoyed
with my good luck, scarcely believing that
the pleasant, utfuble, kindly gentleman with
whom I had conversed was the hectoring,
bullying commander who-was the terror of
his Tegiment.
The Colonel faithfully kept his word to
mo. When he rejoined the corps, com
pletely cured of his complaint, I was pro
moted rapidly; and eight years subsequently,
through the influence of my patron, Gen.
Morgan, I was gnzeted as quartermaster of
xny regiment.
bUPKKMK COUKT OF UKOKU1A.
Atlanta, April C.
BLUE KIlKvK CIRCUIT.
No. 12 (continued) Blue Kidge. Morns
et ill vs. Morris et all Argued. Phillips A
Hessions, J. O. Gartrell, T. B. Irwin for
pluiutiff; Clay A Blair, W. J. Winn contra.
No. t. Blue ltidgo. Cnuse vs. Foster k
Estes. Argued. G. N. A D. P. Lester, It.
P. Lester for plaintiff; G L. Bell contra.
No. 2. Blue ltidge. Continued.
No. A. Blue ltidge. Dismissed.
No. 4. Blue ltidge. Johnson vs. State.
Argued. Phillips A Sessions, Geo.S.Thomas
for plaintiff; Geo. T. Gober, Solicitor Gen
eral. contra.
Court adjourned to o’clock a. m. to
morrow.
Decision* Hcmlered Tuesday, April fitlt,
1880.
PpecfAl Report by Henry C. People*.
The Citv and Suburban llnilway Company
SAM JONES’ ONLY H1VAL.
Luinpaita* Jake ami Some Specimen* of Ills
Oratorical Style.
Chicago Tribttue.
We have all heard of the new song,
‘There's a New Coon in Town,” and thero
will be nothing startling in the statement
that there is a new “evangelist” in the
country. 1IU name is “Lampasas Jake”
nnd be is described as “a cowboy revival-
He preaches in frontier saloons, be
ginning with describing his own remarkable
conversion,” and then proceeds to his call
for the unconverted. A letter from New
Mexico describes Jake's doings as follow s:
'Jake preaches nothing but repentance
and salvation. He lives off the country, he
savs. He takes up no collections and he
asks few favors. He goes well urtned nnd
never lays uside liis weapons, even when
preaching. Ho has fights frequently and
he sometimes brings men to repentanco by
main strength. Wherever he finds threo or
four cow t*>5s, gamblers, rustlers or adven
turers he begins his services.
“Going into one of the hardest of the
numerous bard saloons in this place the
other night Jake mounted a chair and com
manded silence. The games and drinking
came to an end and about twenty men,
young and old, looked np. One fellow un
dertook to edge out, but Jake stopped him.
“ ‘No, yon don’t, mister,' he said, point
ing his finger at him. ‘No, you don’t
Wm*n you get to hell vou'U have chances
enough to come a sneak on somebody, but
you don’t do it here.' The straightening
himself up, he yell in a voice that made
things croak:
•* *How many of you’s ready to die now
with vour boots on? Where’d you be to
brtaktast? Don't any of yon drunken, swear
ing, fighting, blaspheming, gambling, tbiuv
ing, tin-boru coffin-paint exterminating ga
loots look at me ngly, because I know ye.
I’ve been through tho drive. You’re all in
your sins. You know a fat, well-fed, well
cared for, thoroughly-branded steer when
you see one, nnd you can tell whose it is
and where it belongs. There's a man that
ow ns it. There’s u place for it to go. There’i
a law to protect it. But the nuiverick—
whose is that? You're all mavericks and
worse. The maverick has no brand ou him.
He goes btllering about until somebody
bikes him in and clasps the branding irou
on him. But you whelps, you’ve got tho
vs. J. J. Findlay. Case, from City Court of
Savannah. Judgment affirmed.
Drucillu Shelton vs. E. 8. O’Brien. Claim,
from Warren. Judgment reversed.
John L. Anderson vs. B. F. Barksdale.
Case, from Wilkes. Judgment affirmed.
Sarah Alin Berry et al. vs. John Turner
et al., executors. Complaint for land, from
Hancock. Judgment.
William Akridge vs. Watertown Steam
Engine Company. Certiorari, from Waltou.
Judgment affirmed.
Mrs. S. A. E. Almoud vs. Gardner A
Arnold. Claim, from Elbert. Judgment
ftffimed.
John Carr vs. the State. Assault with
inteut to murder, from Hancock. Judg
ment affirmed.
Ed Swint vs. Green B. Carr. Equity,
from Hancock. J udgiuent affirmed.
B. H. Bates vs. M. It. Messer. Certiorari,
from Jxekson. Judgment affirmed.
John L. Telford vs. J. N. Coggins. Cer
tiorari. from Banks. Judgment affirmed.
B. F. Veal et. al. vs. Funny llobinson.
Ejectment, from Uwinett. Judgment re
versed.
It N. Groves vs. the State. Larceny,
from the house, from Habersham. Judg
ment affirmed.
W. W. Stevens vs. J. T. Middle-brooks.
Assumpsit, from Hancock. Judgment af
firmed.
Athens Foundry and Machine Works vs.
Mary Bam. Case, from Clarke. Judgment
affirmed.
C. C. Nunn et al. vs. David Berger et. al.
unity, from Jackson. Judgment affiimed.
1* S. lingers vs. Stephen Felker. Ille
gality, from Walton. Judgment affirmed.
C. A. Lilly et. al. vs. J. C. DeLapriere.
Complaint, from Hall. Judgmeut reversed.
•rry et. al. vs. Turner ct. al. Complaint,
for land, from Hancock. Before Judge
Bumpkin, lies adjudicata. Construc
tion. Decree. Practice.
Jackson, C. J.—1. Under the rulingof this
court wli^n tt'is cose was here before, Febru
ary term, 1HS5, the plaintiffs in error were
held to be clmrgenble with supplies furnished
necessary for the family, which was com
posed of the plaintiffs in error. Flantation
tools, food for tlie stock on the farm and
food for the bunds thereon come within this
tuling. Such supplies were reasonably
n cessory for tho tumily. who lived on the
nrocoeds, and without support for tho farm
lands utid stuck it is not easy i° aoo how
they would live.
you:
devil's brand on you. Vm’ve got lus lariat
about you. He lets you have rope now,
but lie’ll haul yon in when he wunta fire
wood.
“ ‘Some of you c m feel the larict now
and all yon old whisky tubs here now ran
smell the fire. I'll bet you you're scared.
I’ll bet you $10 you would give something
now to know that yon wouldn't get cooket 1 .
I’ll bet vou $100 I can te'l you how to es
cape. Just you get down ou your knees
here now nnd yell. That’s right; all of you
down. Won’t do it, oh? Well, yon will
Ret down. That’s right. Now, you yell
Cry out for help like a Texas steer in snow
belly deep.
“*‘Yon r re a nice lot of ru Alans, ain’t _
You'd look nice gallivanting around
hoav«*n, wouldn’t yon? Wouldn’t hell itself
turn pale if it saw you coming? You Vm
get yourself in condition. You cun make
your hides slick. There is the grans of sal
vation that is green all the year round. You
cun eat of it and you'll urnke fiesh from the
word go. You can refuse it and you'll grow
poor and miserable till your old hides will
fiat) on your bones like a bedquilt on
ridge-pole.’”
The Naval Drill.
Pensacola, Aprils.—The movements
the naval squadron were postponed to-day
on account of the bad weather. Tho pros
pects to-night for good weather arc line, nnd
it is regarded ns certain that the evolutions
of torpedo practice, sham naval fight and
target practice with great guns will com
mince to-morrow. Captain Boyd, who w
command the naval brigade which will t.
into camp next week, has selected Magnolia,
throe miles from Pensacola and accessible
hr rail and water, for the encampment,
The force at t’»i* camp will include blue
jackets, marines, art/ilery nnd pionet
Ample provision has Bren mode for i
noising and following the evolutions at sea.
hooiUj Nports fa Mexico.
Tb* Two Republic*.
The boll fight on Honda? will be hclj
Ttxeoco. The fa mom Volcan brand of
bulls, a Hpmish race of cattle^ will apt*ar
in the ring. Juan Leon (alias El Mesti:
will command the crew. Twenty-five
bones have been purchased for the fight,
and the Morelos Railroad will run special
trains. The direct train will start at 2 p. m.
and the price, including entry fee and seat,
is $1.75 first-class.
new trial will not be granted for this reason.
(». A cliargo as to damages, that they
should not be punitive or vindictive, noth
ing to punish or worn the company, but
such damages os tho jury believe would
compensate the plaintiff for the expense
and suffering, physical and mental, for his
present condition and decreased capacity to
earn a living, that they should pay him such
as they believe would compensate him, of
course for what is said above, and that the
law* permit's nobody else to measure dam
ages but themselves, and that, if by reason
of the negligence of the company in this
matter plaintiff was hurt, such damages
should be given, under the facts of the case
was not erroneous.
Taken with the rest of the charge it was
fully os favorable as defendent was entitled
to. Judgment affirmed.
Lester A Hevenol for plaintiff; J. R.
Haussy, centra.
Groves vs. the State.—Larceny from the
house, from Habersham. Before Judge
Estes. Criminal law. Public officer.
Accessory. Principal. Plea of guilty.
Practice. Evidence. Misdemeanors.
Hall, J.—1. Under the evidence in this
case we think the defendant was undoubtedly
guilty of embezzlement and might have been
convicted of that offense. Notwithstanding
this and the fact that he was ordinary at tho
time the offense was committed, he might
still be convicted of being accessory before
the fact to a larceny of property, found in
the court house, a building belonging to the
county, in which its property was found,
nnd where it had been deposited for safe
keeping. Code, sections 4113, 4418, 4300,
4307, 4308.
2. Though there was n6 direct proof of
the time when the larceny was committed,
yet tlie re was an abundance of evidence from
which it was necessarily inferred that it
must have been within two months of the
finding nnd return of the indictment. It
was shown that it was committed between
the election on January 7, 1885, and the
qualification of the officers chosen then.
The qualification of the successor of tlie
defendant as ordinary was on January 22,
1885. The motive of the crime, also, was
shown to be n necessity to cove r up defal
cations and peculations of county officers,
especially those of defendant, who was
largely in arrears to the county for money
misappropriated and for which he had never
accounted.
,1. A plea of guilty by the principal offender,
received nnd recorded, though sentence is
not pronounced, is in all essential respects
equivalent to u verdict of guilty ro.urued
and entered on the minutes, and is such a
conviction of tbo principal as authorizes the
court to proceed with the trial of an acces
sory.
It is true that the plea, before sentence
can be withdrawn and that a verdict can
only be arrested, or set aside for cam
shown, whether a judgment has been ren
dered on it or not. Still, so far as resorted
to for tho purpose of showing the guilt of
the principal prima facie in order to bring
on tlie trial of the accessory, they stand on
the same footing. 25 Ga. 301’, 304.
(a) Even it this were not true,the defend
ant being found guilty of a misdemeanor
only would seem to dispense with the ne
cessity of considering this point, as in mis
demeanors all are principals.
4. There was no error as against the de
fendant iu instructing the jury that the plea
of guilty, which was tiled nnd entered b;
engagement, is not evidence, especially
when the declaration amounts to nothing
more than the declarant’s opinion as to the
defendant’s motive or purpose for engaging
nd prosecuting the fight. Such a dec-
lion, from snch a source, is no part of
the res gestae. Even if such party had been
the stand he could not have testified as
his opinion without giving the facts on
which it was stated. Judgment affirmed.
C. W. DuBose, Jordan A Lewis, for plain
tiff; W. M. Howard, Solicitor-General contra.
A Supposed due of Bepro*?.
A Raleigh, N. C., special says: There is
said to be a weB-anthenticated case of lei »-
rosy in Yadkin county, the patient bei/ q
John riewmau, aged forty years. Eighteen
mouths ago he felt a curious numbness of
the left arm without suffering pain, and
later could pass his hand through the dame
of a candle and be insensible to the heat.
White blotches appeared on the arm and
large scabs formed. These botches are now
spreading to his body. Physicians there in
cluding three specialists pronounce the dis
ease leprosy. *
Dr. K. O. Cotter,
Permanently located in Macon, 136# Second *treet.
Ditteaei** of the eye. ear, throat and nowe. Former
ly MHlatxut for fonr yean to Dr. A. W. Calhoun, Afc-
auta.
H. Exceptions to a decree arc not good I the principal, was still before them am
grounds for a motion for a new trial. Judg-1 might be considered only to show that fact,
ment affirmed. * ‘ '*
Heaborn lleese, J. T. Jordan, for plaintiff;
A. Havley, It. H. Lewis, contra.
Anderson vs. Barksdale. Case, from
Wilkes. Before Judge Lumpkin. Ver
dict. EGdcttce. Experts.
Jackson, C. J.—1. Tlie verdict is sup
ported by evidence. The testimony of ex-
]>erts, as* well ns that of others, is for the
, ury, and when it is contradicted by others,
who testify from observation, and whose
testimony seems credible, the verdict will
not be set aside because tho experts are dis
believed. Judgment affirmed.
W. M. A M. P. Reese, for plaintiff;
Hardeman A Irwin, contra.
Hhelfon vs. O’Brien, Claim, from Warren.
Before Judge Lumpkin. Claim. Verdict.
Amendment. Jury. Practice.
Jackson, C. J.—1. Where in a claim case
the jury returned a verdict: “We, the jury,
find for the claimant in execution,” nnd
oumtel for claimant moved to put the ver
dict in form, to-wit: “We, the jury, find the
property not subject,” which motion was
denied by the court, it was error, after the
jury had dispersed and after the U(mc of
some hours, to allow the jury to be reassem
bled nnd polled, nud on their answering
that thoy intended to find for plaintiff in
execution, to allow their verdict to be so
altered.
After a jury has dispersed their verdict
inuy bc» amended in matter of form, but not
of substance, either by what a jury say they
intended to tiud or otherwise. Code, 3482;
17 Ga., 361; 3C Go.,581;*71 Go., 103. Judg
ment reversed.
Tutt A Lockhart, A. S. Morgan, J. L.
Gross for plaintiff; Jas. Whitehead, contra.
Akridge vs. Watertown Steam Engioe Com-
1 »any. Certiorari, from Wulton. Before
lutchins. Answer. Justice of the Peace.
Certiorari. Instructions.
Jackson, C. J.—t. Interrogatories ap
pended to the petition, but not identified
by the jnftiee of the peace, or set forth in
hi* answer, should not be considered by the
judge of the Superior Conit. The answer
ot lhe justice Alone coold identify tie evi
dence before the* jury in his court. Code
4032, 4068. ,
2. While the judge in sending a case
back to the justice's coort may do so with
instructions, yet where the case turns on
disputed facts (done he should not do so.
3. The evidence in tbi* ease warranted
the sending back of the case to the jus
tice’!. court, even though the interrogatories
be not considered. Judgment affirmed.
W. J. Nunually, for plaintiff; Jas, F.
Rogers, contra.
City and Suburban Railway Company vs.
Fipdlay. Case, from City Court of Sa
vannah. Negligence. Carrier*. Street
Railways. Newly Discovered Evidence.
Conduct of the Court, Charge of the
Court* Damages.
Jackson, C. J.—I. The verdict is sup
ported by evidence and law.
|f2. A carrier of |>aA»eogers is bound to ex
truordinnry diligence, and slight neglect
only fixes responsibility on it. This rule
applies to street railway companies. Gale
‘A 67; 61 Ga., 215.
3. The uewl? discovered evidence relied
on goes to the impeachment of plaintiff as
a witness, aud is, besides, overwhelmingly
contradicted Ly counter-affidavit*. 7U Ga.
4. Tlie presiding judge has the right to
state to the jury the several contentions of
the parties, provided he does so fairly. He
may sum up the evidence. Wing c&retul not
to express or intiinste any ordnion thereon.
The issues appear to have Wen fairly put
in this case, and errora therein are not spec
ified.
5. While a charge that “all actions of this
sort necessarily ho ply fault somewhere,”
might, by itself, he erroneous sa excluding
Ihlk ill*-* nf AS-m>torit mm tfti.f. la (in
that it vu Dot concltmive ot the limit
the iirinvlpal and they should couaider
other evidence outaide of that fumiahed by
the record to eatabludi thin fact. 4ti (to.
•Jim, 3oo, :ioi.
(n) The court, however, went too far
indulKing the defendant, when he allowed
the ]irineq>al to withdraw the ]>len, pending
the trial, mid In ottering the defendant on
opportunity to withdraw bin cane and on
that account to have a miatrial declared,
which opportunity the defendant did not
avail himaelf of. The withdrawal of the
plea occurred pending the trial againat the
acccaaory, and Rceme to have keen nn ar
rangement to give an ndvuntnge to the de
fendant in this caw.
5. A party may lie convicted of a lower
grade of an offenao than that which '
stand* charged in the indictment
rt. The verdict waa extremely favorable
to the defendant; it certainly warranted and
perhaps demanded that he be convicted
a felony. Judgment affirmed.
Harrow & Thomaa, ('. II. Hutton, Crane
A Jonea for plaintiff; W. H. Erwin Solicitor
General by F. I,. Haralson contra.
Veal A Herngga ve. ltobinaon Ejectment,
from Gwinnett, liefore Judge Hutcbin*.
llxi.i., J,. This bellifj the aecond ver
dict iu favor ot the plaintiff and being ana-
t lined though not required by the evidence,
it Bbonld lie allowed to stand. Judgment
reversed.
C. II. liranil, S. J. Wince A Hon
plaintiff; T. M. l'ceplea, W. E. Himmona
contra.
Equity, from llaucoek
ipkf
Bwixt vu. Can.
Itetere Jmlg. Lumpkin. Usury. Deeds.
Contracts. Equity. Kpecitic perioimuuccs.
Haul, J.—1. If when a note is given there
lie no law against usury, a deed given
secure tho note after the enactment of
usury law, will not be void nlthough
rate of interest charged in the note exceed
the rate allowed by such usury law,
9. The contract sought to be specifically
enforced in this cose was evidently extorted
form defendant's fears, and from bis being
overreached and duped by complainant, tb<
said defendant being an ignorant and illiter
ate man.
The principal inducement for defendant
to contract aecma to have been a threat 1
eouiulainant to prosecute the son of detent
ant for illicit removal of spirits. 1 Story'
Eq. Pr., sections 7r>!>, 750 (a) and citations.
3. Defendant was willing to submit to t!
performance of the original contract, and
the ides of accident, yet as there ie no testi
mony sustaining • theory of accident end
ee the mneaader of tbo charge ie fall, <Uei
and fevorabie to the defendent. end limitsl
end qneliflee the charge complained of, e
^P_0NLY
MOST PERFECT MADE
Prepared with special regard to health.
Ho Ammonia, Llmo or Alum.
PRICE BAKI/IC POWDER CO..
CHICAGO* ST. LCU33.
MOST PERFECT MADE
. rurrwt nnd Mrmwnt Natural Fruit FUror*. Vanilla,
Lrmon, Or»mc*. Almond, Raw,eta., (Uvur aa delicately
and naturally aa tho fruit.
raiftmt. prim Bahin«r Pomlor Co. SXeLCCLw
HOLMES’ SURE CURE
Mott tit WttHlt ami Dentifrice t
Curea Diced tag Gnma, Ulcer*, Sore Month. Bore
Throat, Cluaute* the Teeth and Purifle* the Breath;
um*<1 aud recommended by leading dentists. Pre-
are d by Dr*. J. P. k W. It. Holmea, ilentl«t*. Macon,
For «at* by all dtHfartaU and denUata. *
STHORNS™ FLESH
The < treat Month*rn Ksimanca—« AbwfAar* q/ tha
War. tdffiifri ami mm lit Answer* **A Mi JTr-
rand'• and **r*r/« Tun'd Oilin.’’ It eoataina fmeft
tXal tlmUatia ?A» .UnmA. Hwtle D> Uapi.
S&rawifKi
MONEY FOR LAMP OWNERS
,^T SPECIAL RATES
ON EASY TERMS.
Apply to
CLEM P. STEED, Macon,Os,No. 3Coi.
top Avenge, over Payne** drugstore.
Hall, administrator ot eatate Mr*. Harsh Roberta,
Msaed, applies tor diamleslon. The*e are to cits'
and sdrnonlub all persona concerned to show canoe
at this office on or by the Aret Monday In July next,
lf any they have, why diamlaelon shall not be
granted. Witneaa my hand officially.
R. T. ROSS, Ordinary.
March W, iw»6—spiff lawSm
i JKOIIQIA. JON EH COUNT Y.-WUKBEAH, DAVID
VI U. Blocumb applies to me for the guardianship
of the person of John L. Lowe, a peieon of un
sound mind, in thia connty. Thee# are to cito all
pernona concerned to show canoe at this office if
any they have to tbe contrary, on or by the first
laea my band off
Monday in May next. Witnm
fttcially.
April .i, lHSfl—aprfl lawtw
K. T. itOHH, Ordinary-
PIOBOIA. JONES COUNT?.- WHKKEA8. NEW-
' * ton Ethridge, administrator on estate of Benia
min Heck, Jr., deceased, applies for die mission.
These are therefore to cite and admonUb all per
sona concerned to show came at this office, if any
they have t > the contrary, on or by the first Monday
in July next. Witness ruy harirl officially.
H. T. ROSS. Ordinary.
March 13, lHHfi-qprfl law3m
T. James as administrator of estate John Jarrell
of said county, tlt-cesoed, applies to me for diatnb-
•ion. These are therefore to cite and admouleh ell
persons concerned to show cense at thi* office, if
any they have to the contrary, on or by tht Ant
Monday in July next WitutM i - * * - *
it. 1
March 13, luttrt-qprfl lawSm
tm my hand officially.
T. R08S. Ordinary.
11EOBOU, J0NE8 COUN • Y.-WHEREAH. JOHN
IV Bradley, administrator de LomU, now with will
annexed, of eatate Dennis Bradley, deceased, hoe
applied for dlamiMioa therefrom. Thee# are there
fore to cite and admonish all persona concerned to
show cause, lf any they hava to tho contrary, at thia
office on or by tbe first Monday In July next. Wit.
nea* by band officially. IL T. 1
March 1.', lnmy—epm law3m
. ROB*. Ordinary.
decree rendered in accordance with the terms
thereof, w its proper. Judgment affirmed.
J. T. Jordan for plaintiff; J. A. Harley,
It. 11. Lewis contra.
(’arr vh. the State. Assault with intent to
murder, from Hancock- Before Judge
Lumpkin, l'h-adici'. Jury List. Jury.
Strikes Evidence.
Hall, J. 1. A plea that the grand jury
list, ou which appeared the name* of the
grand juTor>i who found the indictment, w \j»
not certified by the Chrk of the Superior
Court and Ordinary, but was certified by
tbe jury commissioners, was properly over
ruled. Acts of 1878, p. 31; Acts of 1873, p. 27.
(a > Under tbe act of 1873 the clerk is a
mere miniatc-rial officer cf the board of jnry
com mho* toners and is not required to sum
the list.
2. It is doubtful whether the rule allow
ing a minute to each htrik* of jurors is ap
plicable in felony cohck; *till there must lie
a limit to the time allowed counsel and that
limit must be largely in tbe discretion of
the court b< low. In this case A minute and
a half bad been consumed in deliberating
over a juror by defendants connael and the
conit ordered the juror to be sworn.
No objection Was inter|K>Hcd by the coun
sel and no farther time wm axked ot the
coojt, which would doubtless have been
granted if naked, and we cannot say this
Action of tbe conic was error. Code p.
1351. Reasonable time shoahl be allowed *
and no more. (Wo* the It. ..
3. What a bystander, who witnessed the I ■<* *• **•
conflict, may say daring the beat of tho • /ornery*.last
ARDINAUY rt OFFICE, JONI8 COUN CY. LOA.,
* I April 34. ISMS. Whereas. It. C. I*»ter applies
for administration on th« '•state of David W. Lester,
deceased. The#e are to cite and admonish all per-
moos concerned to show canoe at this office on or
i by the first Monday in May next, tfjany they
1 have, why the same ■hall not be granted: Witncu
1 not be granted; Wld
IL T. ROM,
Ordinary.
ifft ft A MONTH k BOARD for 3 live YOUNG
V'l'V MEN or L4DIEH in each county. Address
f. W ZEKiLEK it UP., IhilaJelphls. apfweowSt
Jones Sheriff Sale.
nWItOIA. JOXKS CorSTV—WILL be bold ox
the fir*t Tuesday In May, lMA.st the court bouse
door, iu Maid county, btteeen the legal hours of
sale, to the hlgheat bidder for ceab, the following
property, to-wit: 217 acres, more or lees, situated
in the Eighth District of said county, and bounded
north by Unde of E. W.’ Finney sod John H. Gor
don. eaat by John O. Green, south by Bobt. Gor
don and /ecb Gordon, and wsat by H. B. Ulawson.
Hold land levied on a* tbe property of Richard A.
Gordon to aatlefy an execution loaned from /ones
Huperior Court in favor of Willie IS. Hparke va. said
11. A. Gordon. Each Gordon et. al. Tenant In pos
session notified. Thi. April 5tb. 1SMI.
aprdwlt 8. J. PHILIPS, Sheriff.
Stock Law Notice.
I <101101*. JOXKS OOUXTY.—XOTtCE IB HIKE
II bj irirru lh»l. petition of frMholdm of Omvkl-
“>«’« DUIricl. <1. W.. Xo. —. Jcdm coonty. asking
f .r op election for stock taw ta raid dtotrtct ta now
on ftlc to this office; nnd boUm mm valid cbum
be shown to tho contrary *0 order for aoU .tactiow
will twgmatad oa Monday, tt« Vlh gay of
aprtt. 1—at hour of ll o'clock, a. m. Thto node.
WItncM mr hand oOetaUj. B. T. BOSH.
March ti. HK-apra lawtw. ordinal.
OKOROU. ChAwroan Ootnrrr.—H. p. McCray,
adottaMrakor of wtatoof ilnry IBM,dMwd.
htrtag lied hlB —ttuow —1 ruiBtlsi ih,i h, W»
SbArbsss
a of Coart of Ordinary why I