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THE MACON WEEKLY TELEGRAPH. TUESDAY VIA? 4, 188C.—TWELVE TAGES.
SUPREME COURT OP GEORGIA.
Docimmia Rendered April 87U>, 1886.
Special Deport by Henry C. Peeplee.
Atlahtj April 27.—No. 4 Oeonee Circuit.
Continued.
No. 7 Coweta Circuit Continued.
No. 12 Middle Circuit Dismissed.
No. 13 Homo Circuit. Elliott re. Onni-
eon et at, Commissioners. Argued. Under
wood, Rowell A Cheney, (or plaintiff; no ap
pearance contra.
Haring cleared the docket, the oourt ad
journed to 3:30 o'clock p. m. Friday next
M. H. Erwin va.I). N. MoNight Claim,
from Rookdale. Judgment affirmed.
Mandiall et al. re. Livingston. Motion to
enter judgmtnt on replevy bond, from Ma
con. Affirmed with directione.
Marshall re. Livingston. Motion to relu
ctate, from Macon. Writ of errordiamiaecd.
Marshall re. Livingston. Motion to enter
judgment nunc pro tuno. Writ of error
dismissed.
U. C. You ra. M. A. Baldwin. Appeal,
from Randolph. Judgment rerereed.
Williams et al. ra. McDaniel, Oorernor.
Forfeiture of recognizance, from Morgan.
Judgment rerereed.
J. N. Youngblood, Administratrix, ra.
Bailie Youngblood, Onardian et. al. Equity,
from Dooly. Judgment reversed.
1’. C. Liringston ra. Frick A Co. (fe
moral to United States Court, from Schley.
Judgment affirmed.
Jease Cook re. the State. Murder, from
Taylor. Judgment affirmed.
Jnc. 0. Kuan vs. D. F. Green. Complaint,
from Houston. Judgment affirmed.
W. D Crawford re. J. W. Williams. Money
rale, from Hariun* Judginenl reversed.
Jackson Sewell vs. the State. Simple lar
ceny, from Talbot. Judgment affirmed.
Anna W. Dozier, et al, ve. Wilkerann
A Hatcher et id. Refused injunction
from Talbot. Judgment affirmed.
Willis A Lockett va. J. U. Bivins. Mo
tion to eDter judgment, nnne pro tone,
from Taylor. Judgment reversed.
Charles Blackman re. the State. Mnrder,
rfrom Schley. Judgment reversed.
J. K. Aneley vs. M. E. Hark Claim, from
Soblcy. Judgment affirmed.
N. A. E. McLendon vs. G. M. Stokes.
Auditor’s report, from Terrell. Judgment
reversed.
N. F. Holley vs. Hardeman A Gibson.
Illegality, from City Coart of Macon. Judg
ment reversed.
J. 8. Mosely vs. Irwin J. Sanders. Case,
from Early. Judgment affirmed.
Jno. F. Hist vs. It. F. Ivey administra
tor. Ejectment, from Early. Judgment
affirmed.
It. II. Akin vs. Jacob Wolf. Motion to
reinstate, from Jasper. Judgment affirmed.
Y. F. Freeman vs. H. 0. Gaither. Claim,
from Merriwether. Judgment reversed.
A. J. llethnne vs. Macon O. Berry. As
sumpsit, from Muscogee. Judgment af
firmed.
Lessees of the Georgia Railroad and Bank
fcig Company vs. F. M. Siginan. Certiorari,
from Newton. Judgment affirmed.
Young VanZant vs. Mary M. Bingham et
al. Complaint for land, from Douglas.
Judgment affirmed.
John P. Palmer vs. W. A Melson. Com
plaint, from Talbot. Judgment affirmed.
Jesse Cook vs. the State. Mnrder, from
Taylor. Before Judge Willis. Criminal
law. Malice.
Hall, .1.-1. The verdict was demanded
by the evidence and the law.
2. A charge, that it waa not necessary for
malice to exist for any considerable length
of time before the killing, that if it existed
hnt a moment before, it was malloe afore
thought in law, was not error. 7M Ga. 017,
G20. Judgment affirmed.
W. 8. Wallace A Son for plaintiff ; T. W.
Grimes, Solicitor General, by J. M. McNeill,
C. Andtreon, Attorney General, by J. U.
Lumpkin contra.
Willis et a), vs. Bivens. Motion to Enter
Judgment none pro tunc, frem Taylor.
Before Judge Willis. Judgment nunc
pro tunc. Principal and Surety.
Hall, J.— 1. The Court cannot, on the
application of a plaintiff In h. fa. in a dia-
a trcss warrant to which a counter affidavit
was filed, enter judgment nunc pro tnne
against the defendant's sureties, after a
larse of several yean, when thcru was
«ngiDall; S judgment entered by the pre
siding judge, without the verdict of a jury,
in pursuance cf an arrangement entered
Into between the plaintiff and defendant,
without the knowledge or consent of the
snreties. Code 4003; 2163, 2152, 2151.
2 Besides there does not appear to have
been any error or omission in the judgment
rendered, which entitles the plaintiff to
Rave it amended or to have another and
fuller judgment rendered at a snbeeqnent
term nunc pro tnne. It seemed to be in ac-
oordance with the understanding between
the p irtlea thereto and it waa intended to
bind nobody but them. 20 Ga. 102, KM: 24
Ga. 422. Judgment ravened.
W. a Wallace A Son, for plaintiff; C. J.
Thornton contra,
Xi rings ton vs. Frick A Co. Removal to
United States Court, from Schley. Be
fore Judge Fort. Removal to United
States Court Practice, First term. ’
Hall, J.—1. The failure to hold the reg
alar or adjourned terms of Schley Superior
Oourt, made the next regular term In
eourae, the first term at which this cause
oonld have been tried, and the petition for
Its removal was in time, therefore, under
the net of Congress of 1875. Rev. Stst U,
a sec. 632; Dee. Fed. Pro. sec. 139 (b) p.
206, 216; lkmv. Law Die. Tit "Term-prao
tice;" 13 BIAckf. 231. Judgment affirmed.
Bell A Lumpkin, B. B. Hinton, C. R. Mc
Crary for plaintiff; FI. J. Kvsgun by Ilall A
Ham mono contra.
Youngblood vs. Youngblood. Equity, from
Dooly. Before Hon, W, L. Once, judge
pro boo rice. Continuance. Practice.
Hall, J.—Where a showing for continu
ance was, that tha remitter of the Supreme
Court in the cause had but a few momenta
before been entered on the minutes of the
Superior Court, that in consequence movant
was wholly unprepared for trial, that he had
two witnesses absent one of whom was
then sick and the other had no notification
to be pretent, though both of them had
been subpoenaed previous to the former trial,
-which bad been brought here on a writ of
error, and by whom movant expected to
prove very material facts, the motion should
nave been granted. Judgment reversed.
Hawkins A Hawkins, Duncan A Miller for
plaintiff; J. II. Martin contra.
Williams et al. vs. McDaniel. Governor.
Forfeiture of recognisance, from Morgan.
Before Judge Lawson. Criminal I-sw,
Bond. Forfeiture. Principle and Surety.
Hall, J.—1. Where an appearance bond
to the Superior Court was given in s misde
meanor ease, and the cas* wax afterwords
transit-rred to the County Court, where on a
cell of the seme the principal failed to appear,
a forfeiture of the bond against both prin
cipal and sureties waa authorized by law,
although the principal may have appeared
at the term of the Superior Court m.
tinned in the bond. Code 314, Suit
(a) The enactments cited entered into
and formed a part of the bonds as much
if they Lad been therein written,
llow. lUp.
2. But when, pending an appeal of the
sureties In. in the County to the Superior
Court, their principal appevred in the
Count) Court, »«• tried mid acquitted.
thin thonld prevent final judgment of for
feiture against the sureties, on their pay
ment of costs. Code 3509; 3581; 4740.
Judgment reversed.
McHenry A McHenry, Foster A Boiler
for plaintiff; W. It Muslin Connty-Solicitor,
Iiobert Whitfield Solicitor-General, by J. H.
Lnmpkin contra.
Yon vs. Baldwin. Appeal, from llandolph.
Before Jndge Clarke. Justices' Courts.
Jurisdiction. Appeal. Consent
Hall, J. -Where two judgments were
IiaiI in a justice's court in favor of the same
plaintiff and against the same defendant
end executions therefrom were levied on
different males, and both males were
claimed by the same party and were em
braced in one claim affidavit asd bond and
tried as one cause in a justice's court, the
judgment therein was void, the aggregate
amount being over one hundred dollars,
thongb the executions singly were for less.
(a) An appeal to the Superior Court did
not help the matter, since sstcrthiacase the
jurisdiction of the Superior Court was no
greater than that of the Justice’s Court
(b) Consent of parties could not confer
jurisdiction in this oase.
Judgment reversed. W. C. Worrill for
plaintiff; A. Hood A Son contra.
Kuan vs. Gann. Complaint, from Hots-
ton. Before Jndge Simmons. F’actore.
Principal and agent
Ball, J.—1. The evidence sustains the
verdiot. -
2. If “ tor sell in his own name, as
owner, and does not discloso his principal
and acts ostensibly as the. real owner, al
though the principal may afterwards bring
bis action npon the contract against tire
purchaser, yet the latter, if he bona fide
doult with the factor as owner, will be en
titled to set off any claim be may have
against the factor in answer to the demand
of bis principal. 2 Kent Comm. 032; Code
2201. Judgment affirmed.
Dessau A Bartlett for plaintiff; Hardeman
A Davis, A. L. Miller oontrs.
Dozier vs. Wilkeraon A Hatcher et al. Re-
fnsai of in junction, from Tax lor. Before
Judge Willis. Judgment Equity. De-
fcnc , lbs adjudicate!
Hall, J.—1. The judgment of foreclosure
conld not bo opened by defendant therein
nnlesa she alleged and showed that she had
good defense to the snit of which she was
entirely ignorant, or which she was pre
vented from making before Die judgment
was rendered, either by fraud or accident,
by the conduct of the adverse parly,
and even in such case the failure to set up
the defense, must lie unmixed with fraud
negligence npon her gart 70 Ga. 57, 03.
(a) The questions made by this bill were,
between the parties thereto, res adjudi
cate, by the judgment of foreclosure. 70
Go. 475, 552. Judgment affirmed.
C. J. Thornton, H. Persons for plaintiff;
J. J. Bnll contra.
Sewell vs. the State. Simple larceny, from
Talbot Before Judge Willis. Evidence.
Criminal law. Flight
Haij., J.—The evidence t-nstains the vnr-
diet, and it was not error to charge, that if
the prisoner fled, his flight was a circnru
stance that could be considered by the j ary
in determining his gailt, unless it was shown
to be from another cause than a sense of
gailt or was otherwise explained. 20 Ga.
160; 20 Ga. 270, 281; 63 Ga. 170. Judgment
affirmed
Jesse J. Ball for plaintiff; T. W. Grimes,
Solicitor General, by J. M. McNeil), contra.
Crawford vs. Williams. Money rale, from
Marion. Before Jndge Willis. Sheriff.
Rule. Liens. Equity.
Hall, J.—1. Disputes between parties as
to money held np by tho sheriff are fre
quently settled by judgments of the court,
rendered on ralee against him. The aheriff
is a mere stakeholder and standi indifferent
between the contending parties. In such
case the rale stand* in the place and aervea
the pnrpose of a bill of interpleader.
Seo 71 Ga. 287, where it was intimated
that an officer, honestly in doubt was en
titled to counsel at the expense of tho par
ties interested.
2. Thongh one without a lien ss s judg
ment creditor, might not compel a sheriff
to hold up a fund in his bends, by mere
notiee given him to do so; y. t where there
is a fund in the bands of a sheriff arising
from the sale of property under liens older
than the dred made to the party no notify
ing him, uud such fnnd is an overplus re
maining after satisfaction of such liens, and
the si,triff 1,„1!«, np (.aid funds, the vendeo
in the said deed is entitled to tho becedt of
rule against the sheriff, nnd to take tho
fund to the exclusion of judgments against
the vendor, prior to said died, unless it is
shown that he is not s bona fide purchaser.
53 Go. 79 And 71 Go. 707 cited and diatin
gnhhM.
(«) Movant in the role waa 'praotically in
conrt of equity; sa much so ,m if he hail
aougbt that tribunal directly by bill. Judg
ment reversed.
Miller A Butt, J. 8. MoOotklr, Harrison A
Peeples for plaintiff; Bntt A Lumpkin contra.
passed on can make no difference. The
court had hod the napera, remembered
them, arid the counsel waa absent without
leave.
7. It was not error to allow the sheriff to
prove, in the absence of plaintiff and bis
counsel, that the recognizance was exeett'ed
before plaintiff dismissed his suit This
was immaterial It was plaintiff’s duty to
mako the bond when he took the property.
If he did not do so it waa bia ow n fault and
he cannot bo permit,ed to take advantage
of it
8. When the conrt htd signed and certi
fied the bill of exceptions making the ques
tions above treated of, he had exhausted
ail the power be had. There is no law that
conld have authorized the signing of the
other two. The bill of exceptions first re
ferred to was a final one ana took the cause
out of bis bands.
9. The court conld not setasido tho judg
ment to which the plaintiff had submitted
by his voluntary action witfaont some grave
cause, which was not pretended in this case.
10. Plaintiff hod a right to dismiss bis
•nit at any time, and the omission to place
this on tho minutes of the conrt by the
clerk might be snpplied by a nunc pro lime.
order. Judgmentjsflirmed with directions in
first case and writs of error dismissed in
last two.
W, S. Wallace A Son for plaintiff; B. B.
Hinton, A. A. Carson contra.
Irwin vs. McNight Claim, from Rockdale.
Before Jndge Stewart New trial.
Usury. Debtor and creditor. Claim.
Opening nnd conclusion. 1'ractice.
Hall, J.—1. The motion for new trial
should plainly specify the errors complained
of, and should not, when taken in connec
tion with tho corrections thereof by the
judge below, be confused and, perhaps,
misleading.
2. The verdict is sustained by evidence.
3. Under the law as it existed at the time
the deed in question was made, it does not
appear that there was usury in the dealings
between defendant and bis creditors, to in
demnify the claimant as defendant's surety
for which tho deed was given. But when
the claimant, having become surety, paid
tho debts of bis principal and took the land,
the deed became an absolute, indefeasible
conveyance, and could not be attached for
usury by the creditors of the defendant.
4. To get the opening and conclusion
claimant's counsel admitted defendant's
possession at the time of the lovy, bat both
sides introduced evidence on tho point and
at the close of tbo testimony plaintiff in
sisted on the right to ojwn and conclude and
it was given him. Claimant was then al
lowed to withdrew his admission. This
practice, thongh irregular, did no injury to
plaintiff, since it defeated the pnrposo for
which the admisaiou was made. Judgment
affirmed.
F. A. Irwin, J. N. Glenn, J. It. Irwin for
plaintiff; G. W. Gleuton, A. C. McCalls
contra.
Blackman vs. tho State. --Mnrder, from
Schley. Before Judge Fort. Criminal
law. Benefit of counsel. Continuance.
ltijiSDroED.J.--1. The constitutional pro
vision that every person chnrgod with an
offence shall have the privilege of oounsel,
wonld amount to nothing if counsel for tho
accused were not allowed sufficient time to
prepare his defence.
2. Where the orime charged was mnrder,
committed early in September and the
conrt mot oil tho fourth Monday of tho
same month tho bill of indictment found
on Tuesday and on Wednesday the conrt
assigned the accnscd counsel and nnnoaned
it wonld take ap the cose on Friday
thereafter, and conn tel asked for n
continnance as they had not had time
to confer with the prisoner and prepare bis
defense he having been bronght from the
jail of another county late on Thursday
evening before, the continuance or a post
ponement 11 a later day should have been
granted. Judgment reversed.
11. B. Hinton, J. S. McCorkle, B. II. Wil
kinson, for plsintiff;C. B. Hudson, Solicitor-
General by W. A. Hawkins, G. Anderson,
Attorney-General, contra.
Maashsl et al. vs. Livingston. Three oases.
Motion to enter judgment on replevy
bond, to reinstate, and enter judgment
nnne pro tune, from Macon. Before
Jndge Fort. Trover. Bail bond. Die
missal of action. IleaUntion. Compen
sation. Practice. Measure of damages.
Bill of exceptions.
Hall, J.—1. The voluntary dismissal by
the plaintiff of his action of trover, in
which bail wen re quired and the delivery
of the property iu question to him on the
lamd required by the statute, where the
defendant failed to replevy it, amounts in
law to a judgment of restitution, and upon
such dismissal the defendant was entitled
to a writ of restitution, or where it was iu-
possible to restore the subject of the ac-
tiou in kind, to a writ v fieri facias for the
value thereof. Cro. Jac. 240; Ilae. Ah. Tit.
Execution(Q)and cnees died; 138. Alt 294,
It is true an action oti the bond given
by the plaintiff might lie maintained by de
fendant, but this remedy is purety cumula
tive. 25 Ga., :I59; Glover et. at va. Gore,
February term, 1885.
3. Where the defendant fails to replevy
the property anil it is delivered to the plain
tiff on hie bond given under the statute,
the defendant is entitled to all the remedies
against the plaintiff to which he would
have been subjected if be had given the
bond and lost the suit, or set up no defense,
or abandoned his defense. Code 3028,
3563. 3504, 3419.
4. Where plaintiff tails in his anit or dis
misses it, defendant u not driven to his
action on the bond but may have a writ for
the property and its hire, or, if be ao elect,
for its value.
(a) Where he electa to take the money,
the sworn value placed on the property, it
seems, would afford the correct measure of
damages.
The amount for which this proceeding
was swarded in this case must be redueet
so aa to conform to that specified in the
Fond, with interest thereon from the time
it went into pUintifTa possession, and wh
time reduced the execution Is to proceed.
5. Defendant had the right to go either
on the property replevied, or on any other
property of the recognizors, and plaintiff
could not relieve himself either by a return
of or offer to return tbs property, since the
articles were perishable, aud it is apparent
the offer to return could not be complied
with.
6. The abetnee of paper in the bands of
plaintiff’s counsel when this cam was finally
Hist vs. Ivey, administrator. Ejectment,
from Early. Before Jndge Clarke. Wild
land. Advertisement. Taxes.
BLAttnroan, J.—1. Before the Comptroller-
General conld legally inane execution against
the land iu question ss wild laud it must
have been advertised for thirty days, under
section 6, net of 1874, p. 105, and not tdmjdy
once a week for font weeks.
2. Tlio evidence required the verdict The
daintiff had paid the tax on the land regu-
ariy to the tax collector of his ronuty and
had given it in to tha tax roeciver. Thin
was all tho law required him to do, and.
having done so, the levy and tale of his Uml
was illegal and void. Jnilguentafiirmed.
R. U. Fowcll for plaintiff; E. C. Bower,
J. II. Lumpkin, contra,
Ansley va. Hart. Claim, from Schley.
Before Judge F'ort Deeds. Evideuee.
Bi as trosn, J.—1. The exception that
the court erred in admitting the United
States Marshal's deoil to the lsnd, because
it waa signed James Longstreet by another,
as h» deputy, waa not well founded.
2. While it may have been error to admit
evidence of a proceeding between one Wig
gins and claimant to have the execution
claimant had purchased and the judgment
thereon entered sati-fied, still the evidence
waa utterly immaterial and irrelevant and
conld not have hurt either party.
3. The court charged the lawund the ver
dict la sustained by evidence. Judgment
affirmed.
J. C Matthews, J. A. Ansley fur pi.intiff
B. B. Hinton contra.
2.. that the court stated in the hearing
of the jury, that eertain evidence offered
sod which had been objected to was ad
missible tor the purpose of impeachment of
a witness who hsd testified m the esse, is
not good ground for a new trial, it being
true, in point cf fact, that the .evidence was
so admissible under the lsw.
Judgment affirmed. W. A. Little for
plaintiff; Gnetohius A Chappel, C. E. Battle,
contra.
Vanzsnt vs. Bingham et al. Complaint for
land, from Dongias. Before Judge Har
ris. Wills. Legacy. Executors. Assent.
Action. Ststnte of limitations.
Dlani»ord, J.—Wiley Roberta by his will
directed that all bia estate be kept together
for the support of his wife Rnd for tho sup
port, education and maintenance of his
biUlren, and that the same be managed in
such way aa would be most conducive to
tbeir several interests, anil that his wife
should bold the aatue in potaesaion until bia
youngest child should reach the age of
tweuty-onc years, and after that time tho
property be equally divided between his
wifo and children. His wife was apjiointed
executrix and testamentary gnurdian for the
children. Tire wife remained in possession
for a nntnber of years and, before all the chil
dren became of age, conveyed certain land,
a part of the property, by warranty deed to
tho person under whom plaintiffs in error
holt The children bronght suit to tho land.
Held,
. That a charge, that if a wifo took
charge of the property and nsed the same
for her own benefit, the jury might presume
that she assented to the legacy to her child
ren, and if ahe bad sold and conveyed tho
land for her own benefit this would also
authorize them to presume her assent to the
legacy, was not error. Code 2452
2. it was proper to hold that the children
could not sne for the land until the young
est child became of age, and that tbeir
mother was not tbeir trostee after tho
youngi at became of age, and, if their action
was not barred between the time the young
est child became of age and tbe bringing of
the action then the plaintiffs conld recover.
Judgment affirmed.
Smith A Roberts. Geo. N. I,ester for
plaintid; T. W. Letham, 1*. II. Brewater
contra.
Freeman vs. Gaither. Claim, from Merri
wether. Before Jndge Harris. Judgments.
Justices of the Peace. Laws. Publica
tion.
BijvNiiroai), J. -1, A judgment rendered
Ivy a notary public and ex-officio justice of
the peace at a time and place not fixed as a
place and time for holding justices’ oonrts
in the militia district of wbloh he was such
notary, thirty or fifteen days after the pas-
sogoof the act of July 21st, 1879, carrying
into effect the section of tho constitution
of 1877 requiring each courts to be held et
fixed times end pieces, is void.
2. The law providing for the publication
of ail laws which were to take effect imme
diately after their passage in some public
gazette, was rejvealed by the act of Feb
ruary 25th, 1876, and when the act of 1879
was pssaed there was no socli law of force.
3. When a law is passed by the Legisla
ture and approved by the Governor it be
comes known, prescribed and operative up
on all tbe people of the 8tete, nnlesa re
quired to be published in some particular
way. Judgment reversed.
A. H. Freeman, H. M. Reid, for plaintiff;
T. A. Atkinson, contra.
McLendun vs. Stokes. Auditor's report,
from TerrelL Before Jndge Clarke.
Homestead. Description.
BLAsnroat), J.—The snrveyor's plat of
land set stvart as s homestead showed lot
No. 34, sixth district Terrell, 202) acres;
lot No. 33, sixth district Terrell, 128 scree;
lot No. —, second district In the survey
or's description iu his affidavit the lands are
described aa being in the third anil second
districts of I sic. The land auod for la de
scribed the same way; the'deed convoying
tho lend to defendant describes it as being
in the third and second districts of Lee,
and defendant testified that the land is in
Terrell, that oonnty having been undo from
Lee in a great part.
So we think tho lend set apart is the land
in controversy end that the auditor erred in
rejecting tbe homestead record, and tbe
court below erred in affirming his decision
Judgment reversed.
D. A. Vason, Simmons A Gnerry for
plaintiff; Hawkins A Hawkins, FI O. 81m-
nious, J. G. Parks contra.
ORANGEMEN ARMING.
Civil War Antletpateil In In land-Aa Ulster
Landlord'll Story.
Under date of London, April 26, Thomas
Power O'Connor, M. P-, cables the New
York filar as follows: A startling letter
from an Ulster landlord bus been received
here announcing that the loyalist leaders
have been arming tho Orangemen. This is
the moat important item of tbe day, coming
as it does from a source that may be relied
upon. It is confirmo-l Ivy private letters
received by nationalist members of Parlia
ment. Soon after Lord Randolph Churchill's
visit to Ireland it was reported that arrange
ments were secretly being mode to purchase
rifles and munitions of war for the loyalists.
Men were stated to bo enrolling for service,
not only in the north of Ireland, but in Great
Bi itain. Bat tiutil this letter was received,
these reports rested on more or less shadowy
rumors, and had not been verified. Tbe
Ulster landlord's authoritative announce
merit puts an end to conjecture and brings
tbe country faco to face with the fact that
bodies of men are organizing and arming
for tho avowed purpose of levying civil war
in Ireland. Within the post few hours
the Furmnngah Nationalists have for
warded po-itive information to mem-
bore of Parliament here that tbe Ennis-
killen Orangemen, among others, for exam
pie, lately effected a purchase of 250
rifles ny way of a beginning. Tbe incen
diary speeches of the Marquis of Salisbury,
Lord Randolph Churchill, and the Orange
nobles are therefore at last bearing fro it
Mr. Morley, secretary for Jrciaud, had early
notiticatiou of what was going on. Before
the House separated j for tho Easter reoess
he stated that tbe government waa seri
ously thinking of renewing the arms act
It was supposed then ivy outsiders that he
apprehended trouble from tbe N lttonalisU
in relation to the home role difficnlty. It
has now transpired that the danger he
wished to guard against came from the loyal
ists of the north of Inland, aided aud abetted
by the inatrnmenta of the Tory party in
England. The situation, then, is growing
serious enough to call for the strong arm of
imperial authority. The government is
understood to be further considering the
expediency of proclaiming Orange meet
ings, on the ground that they are the oause
ot tbe incitements to breaches of tbe peace
by Orangemen in all parts of the north,
where the Nationalists uro sufficiently nu
merous to l>o an object cf resentment Dar
ing Mr. Morlcy's last visit to Iroland, he
devoted Home time to an investigation of
the attitude ot the Orangemen, with the
above resale
Tho recognized leaders of the Orange or
ganization, as well as the loyalist bodies
generally, are open and above board in
their efforts to arouse their followers to a
pitch of fighting enthusiasm by represent
ing that tbe heartb and home of every man
outsido of the Nationalist ranks is in dan
ger of invasion by the borne rale hordos
trotn the West andfiautb. Venomous sym-
patbizers among the unti-Glnilstonites on
tbe English aide of the ehannel are sending
money to aid the warlike preparations of
the north of Ireland loyalists, and promise
when the moment for fighting arrives to
send men also. The ultra Tory journals
eulogize Chamberlain's hostility to Glad
stone's Irish policy, and foment by ail the
arguments they can think of the split in the
Libera) ranks. Looking at tbe whole of the
facts, Morley now formally proposes the
renewal of the arms set as a neoeasaty pre
cautionary measure. He is of opinion that
unleu the organization of armed bodies of
exolted men is nipped in the bud it will al
most certainly lead to bloodshed. The Par-
nollites find themselves in a difficulty in
dealing with this proposal.
They are opposed, and always have been,
to tbe principles of legislation Involved
in the course advocated. They are con
scious of the necessity of throtlliug the
Orangemen and preventing their attacking
unarmed Catholic*. The time may arrive,
however, when, under a change of govern
ment, the Nationalists may, in their tarn,
be reasonably suspected of attempts to de
fend tbemselrcaagainst the Loyalists. They
will be compelled then to denonnee tike
very act they aro now called npon to sanc
tion, and obstruct tbe government propos
ing it by all the constitutional moans in
their |*»*-er. Tbo object of tic Tories in
tromoting this niov< muut i* plum The)
jt- to drive the Nationalist* to retalia-
ij ac'-s calculated to postpone the day of
home tub for many a Umg year to come.
Palmer vs. Melson. Complaint, from Tal
bot. Before Judge Willis. Derd. Fraud.
Debtor and creditor. Landlord and ten
ant.
Butsnrosn, J.—I. A deed fraudulent as
to creditors is good as lietween the parties.
2. One who attorns to another as tenant
and give hi* notes fer the rent will not be
hoard to deny hia landlord's title. Judg
ment affirmed.
J. II. Martin for plaintiff; Willis A
Matthews contra.
Holley vs. Hardeman A Gibson. Illegality,
from City Court of Macon. Before Judge
Harris. Debtor and creditor. Appro
priation of payments.
Bi tvnronn, J.—It waa shown that Holley
owed H. A G. a debt which he hud given
a mortgage to secure, that H. A G. pur
chased other notes of bis without hia
knowledge, and that he sent them cotton to
be crtalit.d on hia iidebteduesa, it fa moat
manliest that he intended to pay the mort
gage linbl and this being so the payment
•bonld have been ao applied. lliiUipa va.
McGuire, Sept, trim, 1884. Judgment af
firmed.
Lofton A Moore for plsintiff ;Juo. P. Rosa
eon Ira.
Le.aees Georgia Railroad vs Higm.m. Car*
tierari, from Newton. Before Judge
Stewart.
Buxurosn, J.—Tbe court below did not
abase its discretion in refusing to sustain
the certiorari of plaiutiff in error. Jodg-
tufut iflnoid.
J. M. Pace for plaintiff; MidJlebrooks A
Ed ward a contra.
Bethune vs. Berry. Aasaupait, from Mus
cogee. Before Judge Willis. Conduct of
the court. Evidence.
HuW'Wxb, J.—I. The evidence s as tains
the verdtot
Akin vs. Wolf. Motion to reinstate, from
Jasper. Before Judge Lawson. Motion
to reinstate. Survice. Practice.
Huxnroau, J.—The court below enter
tained a motion to reinstate and passed an
otiler directing service on tbe opposite
party of the motion by a certain time. The
service was not made and the conrt did not
err in striking the motion. Judgment
affirmed.
J. U. Holland for plaintiff; Calvin George
contra.
Grimaicy, administrator, va. Hndnell Equi
ty, Iroin Clay. Before Judge Clarke. In
fant. Limitations. Onardian. Excejdiona
to auditor'! report.
BuKDrauD, J.—1. The right of action in
this eaae was in the infant, and although
her guardian might maintain tbe action in
the infant'* name, the title or right waa in
her. If tho legal title had bean in the
gunrdian and the infant bad the beneficial
interest in the cause of action, then perhaps
aa the guardian would have been barred trie
infant would also have been barred. 610a.
112; 43 Ga., 288, 29a
(a) lienee H waa not error for the conrt
to hold that defend nt in error wa* not
barred by the ststnte of limitations, be
cause ahe waa an infant when her right of
action occurred and htr action waa brought
within four yean after attaining her ma
jority, although she had a guardian during
her minority.
(b) We aae nothing in this eaae to take it
out of the exceptions laid down in section*
2926 and 2927 of the code.
2. The conrt committed no error in sus
taining a demurrer to all tbe exceptions of
plaintiff in error to the auditor's report ex
cept tha three last, because the three last
embrace folly the other exceptions stricken
anil go to the entire report and the case
could have been, and doubtleiw was, tried
fully on the three last exceptions.
There waa no motion made foranew trial
and no exceptions to any rulings of the
court npon tin- trial of the case. Judgment
HlWnuftl.
John C. Wells, A. Ilood A Son, J. H.
Ltunpkin for plaintiff; G. W. Womack, W.
I). Kuldoo, centre.
THE"SICK SECRETARY
FIVE MILLION BASEBALLS.
DENOUNCING BTHIKkT
Lat.oilrn M< n rsvor night Boo, ,
nonoee Strikes i n Vigorous T-,
CnicAoo, April 29.—A large
workingmen and labonra fremttan 1
Stock Yards was held la.t ev^M*
the eight-hour movement. k ‘ ** r
The meeting waa addressed t,. ,,
N. Sceets, editor of tho Knight,?, 0 .*'
organ of Chicago, who took occasion If
hia v ewi on the strikers i a . *
tha*. astonished some c.f his i '
Ho declared strikes to m. “ tJ
i»b, no matter how jnat the
the strikers might be. He aaid the. T
weapon which no workingman conrt '
without doing harm tohimsolf. Th,, 1
to be avoided above all things. Ti,, ^
never yet been a strike flier.* strikers»J.
mumle'd' nt Ka ‘“ of aver J ,Uli *‘g they ,
The speaker ridiculed the action
furniture workahooa on the Nonk L.
who hail gone out after receiving evm.i?
they asked, because some men in (W
nati are not similarly favored. At Dr«
the solo aim of the working classes^
be the establishment of tho eight hot
tem, not by striking bat by appoint,,
unities of cool-headed men to talk tho n
ter over in a friendly spirit with thol. °
. William Gleaaon was the next i-m
He also warned men against foliovq,
lend of wooden-beaded fellows who v>
fond of ordering strikes and leading t
They conld always gain more by«
judgment and commen sense.
Georgo Schilling, labor agitator, l_,
trodneed a resolution declaring for |
hours, and providing for the appoint!
of delegutes from every department of e
1 tacking bouse in tbe stock yards, to
he representatives of the different ,
ponies to-night for tbe purpose of rev
an amicable understanding on the t, u
hour question. The resolution was adopb
SEVERAL HUNDRED MEN STRIkJ
And Twice aa Many Thrown Out of I
me nt In MII wanker.
Milwadkek, Wis., April 29.—Every.
ing mill of importance in this city wu it.
down to-day in consequence ofdemudi
by workmen. The men recently oigimi,
an assembly of Knigbta of Labor with
membership of about 500. The donut
for eight honre work at present ten hi
wages have been refused by the propi.
tore. The strike waa ordered and ta-dt
every mill is shat down and to stay aonai
the men will accept what the proprieto
claim to be more reasonable torms. Id re
ilition to the Knight* of Libor, several hta-l
dred other workmen at the mills ara thronl
oat of work by the ebat-down.
HERR MOST IN HIDING
To Ricap* Arrest on an fndlctaaaat for Bh|
Seditious Language.
New York, April 29.—Herr Mo«l
Anarchist leader, and publisher of i
F'reipeit Socialistic, it is stated on good t
thonty, has gone in hiding to avoid arw.l
on an indictment said to nave been fonadl
against him yesterday, based on the iuren-1
diary language he indulged in at a [mcolisgl
last Friday night He advised his anduntil
to arm themselves and thus made him*eff|
amenable to the law regard ng the <
ing of riots.
A Strike to be Declared for Eight
Chicaoo, April 29. It ia declared
freight handler* on all the Chicago ni-
roads will go out on a strike Friday night
unless tho railway, concede eight hoan for
a day’s work with the old rate of pay for
ten honre work. It is stated that the note-
ment originated two week* ago among ma
in the Lake Shore freight bams
who consulted freight handler* of vuion
roads, and it resulted in a determination to
make a general demand. Burlington offi-
cials informed the committee of tbtirmei
that the company conld not be ran aaccne
t elly on the eight hoar plan. Other reads,
it ; k declare!), will contest the matter bofoit
needing the demands, and a gtnml
-Dike is expected to follow.
Knn Striker* Arrevtist for Iaeltlag a Riot
Ngw York, April 29.—Fire men, chaigei
with inciting a riot on the 18tb iiul.fi
t ifty-ninth street and Third avenue, ino»
lection with the Third Avenue reilrad
irike, were arrested to-day by Iuspantw
Byrne’s detectives. The prisoner* are da-
hroso W. Clayton, John Pricer and Patrick
lluvry. They were taken to the Oewtil
Session* Court and held to answer.
WAsmtutTon, April 28.—Secretary Man
ning baa ao far progressed on the road to
complete recovery that be waa able to-day
to take a long drive about tbe city without
fatigue, lie is visited by and enjoys the
daily conversations of some ot hia
intimate friends, and ia thus
catching np threads of event* which have
transpired during bis illness. Among hia
cellars to-day were Representative* Randall
and Scott of Pennsylvania and »x-8enator
McDonald of Indiana. It ia probable that
the Secretary will be able to leave the city
early in tit* coming month,
A fish market ia about the only thing re
quired to oompiete tbe trail* facilities in the
Capitol, says the Washington Republican.
The Criur Won't U.e Out Sunn fur If.
Kovieaauce.
A fair estimate of the number of balls
made for tbe preaent season u said to be
5,009,01)0, or one for every ten of tbo popu
lation of the entire country. Tho hard,
nnyielding baseballs that are now used by
professional ball-ptayrni ara very different
articles from those which were in vogna a
quarter of a century ago. Iu fact, they
differ as greatly as the present game of
baseball does from that which was played
in those days. "Dead” or profnmioiiallia'tii
balls are made entirely by baud. According
to rales laid down by tho le'gue. they must
weigh within 6) ounce*. A little raide r
ball, weighing two ounces, is need as tin
foundation for two ounce* of woolen yard
that i* wound around the ball, aud permit*
of it coming within the r. K uUtion size,
weight and ihape. Tb- limit in size is nine
inches in cirennifi-reuce. The yarn used
makes tbe ein-iuiifsrenco of llie ball eon-id-
etally more tln.l. this, but 11 is comciedby
undergoing u I ai.tiuntiug proueoi,, aft-r
which the little sphere* are turned ever to
oovsrtni, who iuvtst them with a cosing of
horse bide, senu with liueti thread. Nen-
professiuinJ bulls are made by machinery.
To show the difference in the speed, care
and cost of manufacturing b i*. balls, it
may be stated that a certain factory re ar
New York c»u turn out 4ri,<fiat tunohino-
mode ball- in a da), while the limit of man-
ttfaetme tot ' ‘dead hulls” in the same time
to eighteen.
The balls made in the day* when it waa
enstomary to strike a winner out between
bases by hitting bin. with tbe ball were made
largely of Indio-rabber. To do this with
the "dead” ball now modo would often be
death to the person hil
That 5,000,000 balls have been made for
the present season is not surprising, when
it to wmemls-red that there ere score* of
amateur club* juvenile and otherwise— in
almost every city ol the ITuion, and each
member of tb«M numerous club* is the pos
sessor of from one to ten tisaoball* New
York Mail.
Railroad Washouts.
New Osi.kac-i, April 29.—Washouts are
reported on the Illinois Central, Northeast
ern, Lontoville and Nashville, New Orleans
and Texas, Katebez, Jackson and Colum
bus, and Vicksburg aal Meridian Railroads,
impending tin mm i-mrnt of trains
Sarah Bernhardt to an interviewer:
adore Shakqs-sre,' she said, a* went toast
ing our tie* before tbe wood fire of her red
salon. "It i* lit* wish of my heart to bavo
a theatre of ray own in which to play Shak—
peare, Moilire, Schiller and some of the
other modern tragedies. I world call ft the
Ideal Theatre, and I wonld play "Pnnst” in
it also. ' Site toll me me that the looked
on Ellen Terry is n wonderful fine actress
and on Mary Andereon aa a beautiful one,
but larking in those talents which htr Eng
lish comrade pomeaam.
Yielding to a Decrease for Eight llosrv.
CntnAno, April 29.—The firm of Roths
child A Sons states that it will yield to tki
demands of its men at Cincinnati. _ It ait
f jivo ton hours' pay lor eight houn' work
n order to flmsb outstanding contracts
but will redneo the working foroe to one-
fifth its present size. ’ The firm up****
this will end the present troubles ot U>e
firm here also.
300 Man Thrown Hat uf Kuploynwat.
ITrretirtto, April 29.—Firen in theO'Hat*
glass works were drawn to-day and tho fee
: ay closed down indefinitely on locoant
.t wages ditTerenc.es lietween the firm am
some of their employe*. Oter 300
will be thrown out of employment
Tt» RECOIN THE TRADE DOLLAR-
A It'll t.. Iter,tin the Trad# Dollar lateta*
Dollar or Oar Daddies.
Wssiiivutoii, April 29.—Iu the Iionxet to
,...) conference committees were ordered oc
Si 'cc amendments to House bills autiK* -
izing tbe construction of bridges oret ran-
nt.s rivers. .
Hull of low* stated that at tha l*qu«*«
many members ho had ueeided not to <*-*
up tbe Campliell-Weavar election «•*
day, bnt gave notice that ha wauhl call
up on Tuesday next-
Lanham of Texas, from the aommilti**
coinage, weights unJ measure*, reported*
bill for the retirement and recoiling* «
trade dollars. It provide# that for
month* after its passage, trade dollar*
be reoei red at tbeir face value in P*)™ ,,
of all dnea to the United States, »nd *»“
not be again paid out or issued in any ““J"
manner. Holden of trade dollars, on pre
sentation of the same, may reeeive in re
change therefor an equal amouut of stand
ard stiver dollars. Trade dollars ao tfij 1 ?
by United States Treasury officials *btil <*
transmitted to the coinage mint* *na re
coined into standard silver dollar*
The House went into committee of ttj
whole on the liver and harbor appritp 0 * 1 '
bill, the pending amendment netng «r
providing that the appropriation for JJ*
Missouri river shall lie expended nnitif.
direction ot the Secretary ot War, with**
the intervention of the Mi-souri rtver<w*
mission. Tbe amendment wa* reject*®""*,
it wa* agreed that a vote ebould m a*“SJ
vm ii in tho House. Tb# paragraph tna*»re
an appropriation of t2.260,000 for
provimi nt of the lower Mississippi M
been mu-bed, the committee roae, an
House adjourned.
The Greek Mleratat of WarlR**'***'
Atbkx*, April 29.—Tbe Mintoter el ”
bas n -iguc.l. Hia resignation to do* to
fadl that he did not coincide will it -
lion uki n by hU cob .- during ! -
senoa nt the front. J
The [.ewera haveiiq-r -v
their ri pro nutivi - m r. t
nit imfctum to th« GmV