Newspaper Page Text
THE GULF STORM,
THE MACON WEEKLY TELEGRAPH : TUESDAY MORNING, OCTOBER 19, 1886.-TWELVE PAGES.
HIGH 8EAS AND SEVERS GALES ON
THE COAST.
mnhn In the lteac of New Orleana
Flooded hr the Overflow of Pont-
chartraln—The Telegraph
Wire. Down.
A BOA ON THE SIDEWALK.
How a Huge Oomtrlctor Frightened a New |
York Crowd.
TARIFF REFORMERS
YOKE LAST NIGHT.
New Yoke, October 9.-A hungry bonl 111 ^ nELD A MEETING IN NEW
constrictor, twenty-seven feet long and v™,..
weighing nearly 200 pounds, lay coiled up
near the police station in the city ball park
nlm.it tft oMo.l. thin la i i.
about 10o'clock this morning. It rearedite Abr " mHew,ttM * k “* vl *° rn, “"
viou eiuea IUI uiuruiug. a. reared its I II* Orltlclie. the Conduct of Itandall
head angrily in the air and darted it. tongue
out vicioaaly. A great crowd assembled in
WiSHiNofotr, Ootober 12.—The storm
central yesterday morning south of Pensa
cola, has moved slightly to the southwest,
and is now central south of Louisiana.
High northwest winds are reported from
the coats of Florida, Alabama, Mississippi
and Louisiana. Severe northeast galea are
indicated forto-night off tbecoastof Texas.
New Oiu.aa.vs, October 12.—Easterly
winds, which have prevailed for the past
{ew days, caused Lake Pontchartraiu to
ail with water from the Gulf, and the gale
yesterday from the same direction caused
in increase of the lake tide, the water over
flowing tbe marshes in the rear of the city,
and filling the canal's banks full. A bretk
in the old basin levee on Broad street was
reported nt midnight last night. The ve
locity tbe wind is 96 to ft! miles an
hour, and increasing.
The easterly gale continues, but' title
damage i» done in tbe oity. Tbe lake and
.hell voads are avbmevged. Mienburg and
Spanish Fort are flooded. At Shell Beach
the water is a foot deep on the 'railroad
tnox, and the inhabitants nearly all left for
the oity last night.
The Louisville aid Nashville ror.d from
Jficbeaud to Pearl river to inundated, and
•here are several bad washouts. Tbo com
pany is making efforts to keep the rails in
toe. The telegraph wires along this sec
tion of the road are all down.
The telegraph, telephone and electric
light wire suffered considerable lamn|>o by
hut nights storm. There were no trains in
or out of this city over ^the Louisville
and Nashville to-day.
Several washouts are reported along the
submerged section between Michead station
and rear! river. The transfer of passengers
and mails by this rente wilt be made by
boat betwoen Milneburg and Pearl river.
Morim, October 12.—The storm last
night was heavy along the roast, and ves
sel. were detained from sailing. The tide
rose higher than ever before known. The
telegraph Office* at Fort Morgan at the en
trance of Mobile-Bay, was? flooded and the
operator reached dry land by swimming.
Thirty New Orleans bound passengers ore
detained here by tbe washout on the Louis
ville and Nashville railroad this side of New
Orleans. ,
GiWKsxon, 'October 12.—The storm
vkicb was reported by the signal service as
r Gulf of Mexico, last Saturday
a short time, but took extremely good care
to keep at a respectful distance. The snake
was from tbe animal importing bouse of
Charles lteicho A Brother, ' ~ '
and Morrl-on-K liter Ilorelielm-
er say. a Few Words.
Reiche A Brother," in park Row I , New Yor *> °® tob#r A meeting in
and waa started this morning for Hoboken interest of reforms in the tariff was
on a handcart, there to be fed for a held bere th “ afternoon to consult and
week or so, and then to be given a warm decld ® 88 “* tb ® , mo8t jndieious
bath to infuse a little Afrior.n heat into it 8 , te P s *° b ® taken t0 aec ” r ®
The snake is the largest one in captivity in th ® election of Representatives to Congress
America, and was brought here fast week “ d United States Senators who will do
on the steamer Fulda from Reich* A Rroth- thelr be8t to bn “B * bout “revision by re-
era' Bremen headquarters. It was taken du ? in 8 , taIl)s » nd urifI leTie9 °“ American
by one of their travelers in the Soudan industries and especially the repeal of du-
The huge reptile hod not had anyihing to 1,68 on ^ material,
eat in eeveral weeks ond this morning Mr Anson pbol E 9 Slokes called the meeting
Rioho resolved to send it to Hoboken' to onler * and J ' B - Sargent was chosen per-
whete he has asort ef boarding bouse for 1 maucnt oharman. He made a brief ad-
onaoondas. Just how it happened proba- llre ." H on tb ® necessity for a revision of tho
bly novor will be known, but is the bov r 8 ?® *7* t ? tn '
and tho hand cart was near the police sta- Resolutions were adopted commending
tion the boy slipped on a bit of apple skin “*® 8Cti,, “ o£ 0,086 repteieutativea in Con-
As he lell he let-go the cart i-note. ui> giess who voted for the consideration of
thi
entering the t _
sight, reached Galveston, Texas, and at
this time (8 p. m. ( ) a heavy gale is blowing
bosi the north,
Symptoms of the ' coming storm were
ipparent last night, and the brisk breeae
which set in at an early hour this morning
ha gradually increased until it is now
blowing forty-five miles an hour.
Tho tide on the Gulf ride
ol the island has been very high
ever since Saturday, and tho waves were so
powerful to-day that the)’ washed along the
streets for five squares tight in the teeth of
tbe gale from the north. This extraordsc-
uy tide is undoubtedly due to
the hurricane prevailing in the West Indies,
ud the notthern gale has done much to-
wards checking the encroachment of the
Gulf on tbe island. 1 On the bay side of the
otythe water is-very high, and is washing
over Ihe docks.
Tbe damage to shipping will doubtless
bebeavy, as half a hundred large steam-
■hips and sailing .vessels are ponnding
iguustthe wharves. Tho water is con-
lUttly rising in the bay and is encroach
ing on the city for a square or so, but no
linger is apprehended or damage to buci-
kh property.
Tvo barges from Bouton, each laden
vnb one thousand bales of cotton, are
berg submerged by tho waves, and tho
cdton will be rninei
Alone the Gulf side the wavee have torn
np the "street railway track and submerged
arm! houses.
Tie Urometer has fallen Ml points sinco
i o'clock this morning, indicating that tho
dorm centre is very near Galveaton.
Ti b graphic communication with tho
nniniaad'will probably be entirely eua-
pended before morning, aa the gale seems to
mcreise in velocity every moment. Sinoo
•unset the wind bet shifted slightly to the
out. Tbe storm is now coming from tho
tonheast and is blowing fiercely.
LA7EH moll NEW ORLEANS.
StwOsLEANs, October 12.—Distressing
cows has been received from the
lover coast regarding the of-
wou of last night's storm. The
••ter in the town of Fointe Alshache, in
Hoqueiiime* parish, is several feet deep,
| hung been driven in from
■* Gulf. Many persons took
i bingo in tbe court house and jail. The
| *>ter rushed in with such force
j* it carried everything before it.
I Re levee*, which along this section
*• lery low, were overflown and swept
J*ty. and tbe -water rnahed into the Miss-
“■ppi river, carrying with it all
5“ tacked on farms in the vicinity of
Rink Alahaeke and tor a distance of
I twenty miles below. The damage is esti-
**ted at IIUO.UOO.
I PREPARING FOR BLAISE.
I kk. Juim, Chairman of tbs National Kv-
I *«»Uv# CununRtar, Hj4 BIuJm 1i n*t
1 aGftmltdmte.
■ frrraBCRo, October 12.— At a meeting of
Ir. Itepablicui iron-manufacturer.-i end
I men to make arrangements for
they went. The cart tipped backward the 0,6 biU 40 Bim P li£ y reduco the duties on
box rolled ont oc the walk and the great lm P° rt, > spotted by the committee on
snake burst through the slats on top Ini W8 I 8 80,1 “eons at the last aession of -Con
an instant it was spread ovar the walk 8 168 ®, and empowering the chair to appoint
The boy stood pslsied with fright' Ho a committee, whose duty it Bhsll he to take
was immediately hemmed in by a curious BUob BCtioD as they may deem expedient to
crowd, which grew lanmr momentarily. I cart :>' °V < ' tb<i ob i«*'®£ meeting and its
Very quickly several policemen were on the Principles.
scene, but they needed to exercise no effort IEv ® ret t Wheeler made an address in
to keep the crowd back. Word was at onoo ® £ the resolutions,
sent to Mr Reiche, but it was fully twenty J Hon - A - 8 - Hewitt was the next speaker,
minutes before he appeared. In the mean- ' lo r ® T1 ® w ®>l b “ P“ rt >“ the free trade fight
time the hot rays of the sun, beating down ln Congress, and said the Democratic party
on the ter walk rapidly thawed ont any tor- ’T ent ,uto P° wer witb 6 fre ® trade r lttnk in
pidity that remained in the snake, and he tbeir P'atform. Tho plank was violated
began to move about. Tho boy «our- ‘ bt0 “R“ tb « P«“y jealousy of two Demo-
ieously kept in front of the rep- oratus ' ta<,er9 ' rLe Hew York members
k>, and with tho aid of missiles famished wor ? P^dged to tariff reform, bnt were
him by tbe crowd, he succeeded in keen' ok n,,sle ‘V He deprecated the Congressional
it within a circle of fiftv feet from where wr ang 1 es of Randall and Morrison,
the box was broken open. But it was evi- ? nd ' to B P® 8k Plainly, thought that the
dent he could not control the serpent much h ,P‘“ kero£ 0,6 Hon86 should have taken
longer when Mr. Reiche’s men appeared tbtBe “®“ b y 016 *» and shaken their
They were afraid the policemen would head9 t0 8? tlu,r ' Tb ® President, he .said,
shoot the reptile, and made all possible ? u 8 bt to ha Y e ® 8 ® d 0,6 P ower 8lT en him
haste to capture it. I by tbe people. If the Democratic paity
The serpent was now resting on its ooils now in P 0 '*® 1 £ “'*^> cen d some free trade
with its huge head elevated more than eighi m , eas “ ro , to Sen®!® >»t the responsibility
feet in the air. It was thoroughly »ory. ?, £ defe ? t ; i£ de£ ® at0d , Ieat ° n
Its eyes seemed to dart flashes of lidhtniDK! th , em >, and tura them out o£ P ower - Tb ®
its great mouth was wide open, showing iu “ istake o£ Uie revenue reformers has been
white teeth, and its touguo darted forth ,ba ‘ >'°? have insisted that rfcorms should
viciously. It also gave a series of hisses 0,6 t0 P. r ‘“ b -' r than the bottom
which served to keep the crowd still further t wi0> £r “ raw material everything may be
off. I left to tho eoergjr and ontorpnse of tho
It was beginning to make ready for a American people.''
spring for about half its length. Th» Mr. Hewitt smd^revenue reform was nee-
leader of tho men advanced, and by a jndi- es8al ? to °* i9 °“y “ nd ^ who1 ® ®®»n^/.
dons throwing of cloths, after? five Bt - and b ® r®»^y'to die if necessary in the
tempts, succeeded in covering the reptile's oaU9e - H ® o^ncluded : “If you have not
head, and then seven men quickjy-cat down revonuo reform hero, look to the Demo-
on its body. Then the eight men pioked it “»**• “ ot 10 0,8 Republicans, to bring 1
up and carried it to the store. ab ® at -
The snake is very oidondis worth$1,000. „ The Cpngreesman was loudly cheered at
That it would have bitten any person in its tb ® ooaclasionof his remarks
reach, one of Mr. Reohie's men said, was L M ' Wood, cbairm.a of the Nccmal
beyond a doubt. He was much afraid the «P® k ® bn ' fl L , folk>w ' < ’
reptile would get into to the treec, where it | fe A “. 3 °“ Phe p8 8toke * aad ° rUndo B
would have been still mere dangerous.
supreme court of Georgia.
Decisions Rendered Tuesday, October, 12,
UH
Sprcial Rfpori b) B. C. lWpln.
John Hoffman vs. Cosby Oates, executor.
Complaint, from Fulton. Judgment af
firmed.
Mrs. P. 0. Gilmer vs. oity of Atlsnta.
Case, from Fulton. Judgment reversed.
G. H. Holliday A Co. vs. T. A. and A. 8.
Poole. Certiorari, from Fnlton. Judgment
affirmed.
Charles K. Smith vs. the State. Assault
with intent to rape, from Fulton. Judg
ment reversed.
I. P. Boatright vs. the State. Soiling
liquor to a minor, from City Court of At
lanta. Judgment affirmed.
Charles Malone ve. H. R. Robinson. Case,
from Fulton. Judgment affirmed.
James Clark vs. Alice Clark. Alimony,
from Fulton. Judgment affirmed.
Fred Krogg vs. Atlanta and West Point
Railroad Company et al„ and vice versa.
Case, from City Court of Atlanta. Judg
ment reversed in first case and affirmed in
second.
J. L. Dickey A Co. vs. II. C. Leonard.
Complaint, from City Court of Atlanta.
Judgment affirmed. ?
Donald McPbee vs. W. H. Vonablo et ah
Equity, from Fulton. Judgment reversed.
Hoffman vs. Oates, executor. Complaint,
from Fulton. Before Judge Clarke.
Evidence. Pleading. Charge of the court.
Warranty.
Jackson, C. J.—1. The evidence is ample
to sustain the verdict.
There was no proof of the price paid
for tho three horses Bald to he diseased,
and thus ,the damage arising therefrom
could not be estimated on the plea of re
coupment or failure of consideration. The
pleas themselves were defective in failing
to allege disease at the time of the sale.
2. Where substance is charged, the court
need not give a written request,
3. There was no error, under the evi-
deuce, in charging that an implied warranty
arising upon the fitness of the thing sold
for ordinary use, does not embraoe defects
discoverable by ordinary prudence and
re. ,
4. Damages are not awarded because it
is not evident that tbe ease was brought
here solely for delay. Judgment affirmed.
E. A. Angier, for plaintiff; W. R. Brown,
contra.
Potter.
The latter urged the members to at tion,
and predicted that a continuance of the
How Chinese JoatstcranU'Cei la,
Washington, October 12.—Tho- collector I policy of protection would enslave labor,
of customs at San Frauoisco complains to He claimed that protection prevented
the Treasury Department that it is the tb ® development of tho Pacific coast,
ractice of the Federal Courts there to land Editor Dotsheimer, of the New York
Jhinese laborers on writs of habeas cor- Daily Star, said the New York
pus and release them on bail. This, be Congressmen elsoted 'this year shorld be
says, amonnta practically to the abrogation t* ho would follow the notion and be
of the Chinese restriction law. guided by the majority of the partj. He
Acting Seoretary Fairchild has directed preferred Republican protectionist Con.
him to bring the facts cited to the atten- gressmen to Democratic “trimmers.''
tion of the United States attorney for the Congressmen Adams pledged himself
district. T0t ® f° r ai‘7 fr®® trado measure advocated
Ibythepurtv. Ellery Anderson and Colonel
KILLED IN CENTRAL PARK. Fellows spoho in a similar strain Letters
_ . , , ,. . . ——, . . „ , .1 were read from Congressmen Adams and
Fatal Accident to^n indent Colombia c ^ pU1I> and the mooting adjonmed.
Now York Times. I Kx-SItaMter JacImoo Coming. Home.
A young lady attired in reflation riding El Paso, Texas, Ootober 12.-Henry B.
habit and a well dressed gentleman applied j« 0 kson, ex-minister to Mexico, leaves here
for horses at Merkhn a stable, atFEty-ninlh for hi, borne in Georgia this morning. He
street and Seventh avenue, yesterday morn- said to a renorter lust nicht that he had
tag, and aa they were known a. the daugh not hing more to do with the Cutting case,
ter ot Jamea U. Houston, president of the The matter Is in the hands of the State De-
Paciflo Mai! Steamship Compony.of No. 24 partment at Washington, and will be dis-
West Fifty-third street, and William S. I posed of there. “Since my resignation, I,
Simpkins, a Columbia oollege student, of I 0 f coarse, have hod no connection with the
No. 2G West Fifty-third street, they were | matter, and I cannot say how Mr.- Cutting'
liven the best roadsters in ■ the eta- j cus0 now stands."
ole. Mr. Simpkin’a horse was a fiery
and rebellious beast, bnt he waa
particular to have each mounts in
preference to quiet horses. Miss Houston
was given a very docile animal. They went
into the park by theeaat side, rode to the. v.
upper part of it, and made for the west side An En * luh «»»1«te» Cinsninlim K*.
bridle path. Biding down Mr. Simpkins’ pelled the Country,
horse became restive and impatient of re-1 jcstiftino scssia.
straint. It tried to rush ahead and-several I St. PxTKmucao, October 12—Tbe news-
times distanced Miss Houston’s horse sol papers of this city are nnanimoruly of the
that it had to be pulled in. At Sixty -fifth
" “ ‘ ' I re. _ .
The Jonrnal de St. Petersburg, says
girth, snd stopping, asked a mounted offi-1 "The event justified Russia in urging the
eer to examine and arrange it for him. Tho I postponement of the election in Bulgaria
uffioer fonnd nothing wrong, and Mr. | until tl
Simpkins aud the lady went on.
About Mr. Sedgwick and his alleged
I escapade in tbe Oity of Mexico, Gen. Jack-
| son refuted positively to say anything.
AFFAIRS IN BULGARIA.
1X1 on that decisive action by Russia
or Sixty-sixth street Mr. Simpkins thought I regard to Bulgaria is imperative,
that something waa amiss with his aaddlel * * ‘ ' " ' '
I,- a party in Pennsylvania, aud that
I 8 question whether he cared to pass
5 ;■ -ti soother Presidential seige, and for
he did
noL
9 1*« he was satisfied that
FORTY AUREBTO.
| lw,r| t °frite Arreited Fartlee IdeatHled as
AwsulUng tbe Anarchist Inform* r.
I^cooe, October 12.—Forty arrests were
I .«■* J^erday by Captain Kchnack and hit
I S-m thei? endeavor to capture the men
lc.nobhed the Anarchist informer, God-
Sunday night. Four of them
Iff. uflt d by Waller, and held without
IHto °?? them the man whom Waller
I i 1,8,9 onl I slightly wounded.
Iwl 10 oighte last week parties ot men
15cl. tke teiidence of Major Cole, in the
I *Rh the evident intention of mal-
Nettau liy Ills Wtr.’s Drsth.
k'; 11 ' ‘ s - 0., October 12.-1L Sco-
i_’ll to-do btuineas man of Wash*
■ C., has committed suicide with
B The death of his wife brought
^hneasion and melancholy,
l insanity and destruction.
rnpkins and the uay went on.
They were at a imait trot when they ap
proached the embowered curve at Sirty-
. . .
sard s
ithe passiens of tbe people bad eooled
I from the late excitement/' and adds that it
can be readily nnderalood why Rossis re-
fuses to reoognixe or sanction the assembly
second street, and Mr. Simpkins's hsrse I elected under such a condition of affairs
made a vicious lunge forward and broke I of now exists in Bulgaria,
into a gallop. It probably took Mr. Simp- ooestr about auxanuxu’s -succmso*.
ki^by surpriroMd gottheW taiU teetb. 8t. Prrxaimjao, October 12. It is an-
u “®, H° n . ,ton ^ , D n °JLlonounced to-day that Prineo Dolgouroukoff
Mtilthe horae hed tur^ a curve in the L about to go to Copenhagen on a apecial
bndle path. mission. This news has served to revivs
on, end, ss she tnroed the curve «P‘<Ry. the report that Prince Wsldemar, of Den-
ahe saw her comi^aioa In i flw « mark, will bo selected for tho ruler of Bui-
bushes far from the A * • b ®. < t u ' Kar ia.
monnted she called for aid. Mr. tempkins g“ r «-
was insensible and disfigused. PastOffleer sons or ALXiAVLias x=»«APexaa.
Ilernstd Reilly ran np and helped her to | St. PrrKBaauao, October 12.—Four lead
J* hcepUon of Jas. G. Blaine. October liincMa 'uV. ' Simpkins Mid plsoe him I era ol the party who were engaged in the
Chairman Id, F. Jones, of the in an easy position. By this Jime | kidnapping of Filnce AUxsnder of Bnl
I ufional Republican committee, dedineil
Itef”®** “airman of the reception com-
IS**’ “>‘ n g ‘hat each a step would
IJJ* as if the demonstration
1 u elisfiy for the puspose of booiuiug Jut.
I Jao* for the Presidency in 1888. He said
I Jr a', lfiaine waa not coming bore lor
lr* 1 , 1 * 1 Aggrandizement, but to help tho
IJWiean party in Pennsylvania, and
several persons in the park and other affioers I garia have arrived here. They are
had arrived, and a message wss seat for I Bemetrieff, M. Pakoff, M. Tysckoff and
an ambulance from the Presbyterian Hot-1 Kovaloff. They attribute tbe success
oital The ambulance surgeon found Mr. tbe counter revolution which restored
siuitikina brwsthiug but uiscuuauiu'aa, ussu ■ Prince Alexander temporarily to the throne
kil neck appeared to be broken. He ad- to a faint-hearted desire of M. Grueoff to
Holliday vs. Poole. Oertiorari, from
Fulton. Before Judge Clarke. Certi
orari. Law. Fact. Fraud. Principal
and surety.
Jackson, C. J.—1. If the points made in
the certeorari were pure law nnmixed with
facts, then the court should have made a final
judgment in the case, but if questions of
tect were involved as well as questions uf
law, then the court ahonld have sent the
ease bock for a rebeanng on tbe issues of
mixed law aud fact. There were questions
ot fact in this omse Involved in the certi
orari.
2. If a surety on a note waa induced to
sign it by false representations of tho payi
that bis brother had requested him to sign
as surety, aud then he would sign notes of
his also os surety, this does not make a case
of fraud and mierqprescutation without
damage to the surety, but it is a case of
fraud with damage, tbe representations
being false and having been relied on.
3. Delay given a principal without con
sent of the eorety, because of part payment
of the amount doe, is without considera
tion snd doer, not disohargo tho surety.
4. Where the appeal-is entered to a judg
nient for lent than one hundred dollars uf
principal, though the amount for which
judgment was entered <may bo too little on a
close culoulation, correotly made, we do not
see that tbs appeal ahonld be dismimo ‘
leaving tlie judgment of the Justice to
stand.
(a) if we reversed the oonrt bolow we
could not direct a judgment greater than
the jurisdiottonal limit of the jnstice'
court.
5. While, ia sending the oase back to tho
justice's court for a new trial, it Is the bet
ter practice to give .instructions as to the
same, we will not reverse the case because
of a failure to do so. Judgment affirmed.
Broyles A Johnson for plaintiff; It. J,
Jordan oontra.
Clark oca. Clarke. Alimony, from Fnlton.
Before Judge Clarke. Alimony. Discre
tion.
Hall, J.—1. When a libel for divorce is
pending, or wbero tho husband and wife
are living separately, or are in a bona fide
state of separation, although there may be
no action for divorce pending, tho wife
may institute proceedings on the eqaity)ride
of the oaart,setting forth (ally her case,snd
upon throe days' notico to tho husband, the
jndge may hear the same in term or vaca
tion and grantsnch order as be might grant
were it baaed ou a pending libel for divorce,
ete. Code 1747, 1737.
2. Tho separation was not questioned in
this case, and we do not think Misjudge
below abused his discretion in granting ali
mony or in the amount granted. Judg
ment affirmed.
R. J. Jordan for plaintiff; W. F. Wright,
by John C, Reed, contra.
Gilmer vs. city of Atlanta. Case, from
Fulton. Before Judge Clarke. Damages.
Evidence. Jury. Foiling.
Jackson C. J.—1. Where the plaintiff
Van Epps. Evidence. Principal and
agent. Admission. Common Law. Comity.
Fellow servant. Notico. Limitations.
Charge of the court.
Blanufokd, J.—1. Admisssions or state
ments of the chief manager of the railroad
property, road bed, eto., as to|the conditiou
of the road, xnndo in tbo direct lino of bis
duty; and statements made by him nt a
wreck to wbioh he bad gone and examined
as to the cause of the same, were admissi
ble as statements made dum ftrtl opus, aa
part of tb ores gestor, and ns showing knowl
edge by the company of the improper con
struction of the road. 34 Ga. 337; 56 Ga
27C; 70 Ga.88; Edwards vb. Cotton States
Xaife Insurance Company, in press; Dob
bins vs. Pyrolnsite Manufacturing Compa
ny, October term 1885; Georgia Railroad
Company va. Smith, Gov., last term.
'a) If an agent be in tho performance of
iury of the corporation, while there per
forming that duty what he says as to any
defeet in the strootnre of the nmd which U
the subject matter of his duty there, is rts
grata- as to (uoh defect, end his admissions
are the admiuions of the corporation.
2. Although the accident may have oo-
onrred in Alabama, this oonrt ii not bonnd
by the decision* of the oonrts of that tttata
as to constructions of the common law
mply.
3. A follow servant is ono employed abont
the same work with the servant Injured,
and whose negligence cansed tho injury to
the servant complaining.
(a) If the roadbed of tho company be de
fective, and its officers know it, and tbe
compnny foil to make suitable repairs, this
mid be negligence, and it wonld be liable
for injuries arising from that cause,whether
to a servant of tbe corporation or other per
son, notwithstanding the failure to repair
was owing to the negligrnco of the general
manager or the roadmaxtor, or section boss.
42 Ala , 672; 61 Ala., 5M; 67 Ala., 18; 59
Ala, 25,1, considered. 1U0 U. S. Rep., 214;
30 Ga., 146-150.
4. The law of the forum will control as
to tbe atatnte of limitations, unless tbe
period of limitations be a part of the right
of action itself; 43 Ga., 461 cited and dis
tinguished.
la this cose the right of action did not
depend on statute but was good at the com
mon law.
I 6. While a charge that the jury “would
ho authorized to reduce thadamages,” etc.,
“it they see proper,” insteadof.telling them
that they should do so, was objectionable,
yet whore it appears that the error won
cured by subsequent portions of the
charge, in whioh the court confined the jury
to tboir duty, a new trial will not be
granted on this ground.
Judgment reversed in first oase aud af-
nued in second.
Hopkins A Glenn for plaintiff; Rigby A
Dorsey, Geo. P. Harrison, contra.
plat]
sued the city fur damages received by rea
son of certain roots of a tree having been
negligenUy left projecting above the side
walk, in which at night her foot wuesnght,
by which ahe wa* tripped and fell, it waa
error to rejeet the evidence of another per
son that he was tripped and thrown some
days before by the same roots at the same
place.
(a) While there are conflicting decisions
on this point, the current of judicial opin
ion in this State ia that what sheds light
upon the troth of the transaction shonld go
tothejnry. In doubtful cases the testi
mony shonld be admitted, letting the jury
paw upon the effect and weight of jL
2. Toe opinion of a witness that it vu
a place where one wa* iikeiy to Inp, was
properly rejected.
3. We do not pew upon the question* as
to tire polling of the jury, or as to the mer
it* of th* oase on the feet*.
Judgment reve-eed.
Hoke and Burton Smith, for plaintiff;
Jno. B. Goodwin, Jno. T. Pendleton, con
tra.
Boatwright v*. the State. Selling liquor to a
minor, from City Court of Atlanta. Before
Jndge Van Epp*. Criminal lav. Evi
dence.
Ball, J.—1. That the liquor vas not
G». 417, 420, 121; 42 Ga. 481; 14 Ga.
59, CO and ether caies. Judgment
veiled.
liigby A Doricy.W. II. Ilul-ev, for plain
tiff; C. D. Hill, solicitor-general, Elgin
Lochrnne, R. Arnold, contra.
THE MORMONS.
Report of tbo Utnb commission as tbe Kx-
teut of Foljrsmy.
Washington, October 6.—Tho Utah Com
mission, by its chairman, A. B. Carleton
ha* filed with the Secretary of the Interior
its annual report, of which the following is
comprehensive synopsis:
During the pa»t year the law relating to
the disfranchisement of pjlygomists and
those living in unlawful cohabitation has
been fully and successfully enforced. AU
such persons, with very few if any excep
tions, have been excluded from voting and
holding office. During this period, as in th-
preceding year, criminal prosecutions for
violations of the law of Congress have born
nnnierous. A large number have been
fined and imprisoned in the penitentiary
Dickey A Oo. va. Leonard. Complaint,
from Oity Conrt of Atlanta. Before
Jndge Van Epps. Pleading. Deceit
Ranking.
BLANProun, J.—1. Tbo declaration
was nut for debt, because there
certain, express agreement
net forth in it. Nor woe it in assumpsit
It is true that it allege* that the defendant
undertook and promised plaintiff that the
Citizens' Bunk had money in a certain bank
in New York, and that the drafts which the
ilaintiff bought would bo promptly paid,
mt it doea not allege that the plaintiffs,
relying on this promise rud undertaking,
were reduced to part with their money to
the bank.
For the same reason the aotion is not
good as an aotion for damagea on acoonnt
of the fraud of defendant.
Demurrer was properly sustained.
2. That defendant wss assistant cashier
of the Citizens' Bank, and that tbe bank
was insolvent when the drafts ware pur
chased, did not bind him in law to know
that the bank was insolvent, or to corn
inunicate that foot to plaintiffs. Judgment
affirmed.
Reuben Arnold for plaintiff; Candler,
Thomson A Candler, contra.
Jackson, C. J., concurring;
No measure of damages ie laid In the
declaration. That measure is tho amount
paid for the drafts with interest, and that
amount is not alleged. If that bad been
alleged It would have been a good aotion on
the case tinder the act of 1799.
vised thatxwkbo'uken to a hospital, but I avoid bloodahtd. This, they say, prevented
Miss Houston would not consent to his him from causing tbe arrest of the op-
being taken to *ny other plsoe then bis ponenta of Russian design*,
home, and after the snrgeon hid attended I rtKpasiNo fob continokxoiu.
to the patient he ww put in ttieMMiuta^ 8x October 12-The In-
and taken to No. 26 Weat Fifty-mird nnot valirte Rowe announces that supplementary
Miw Houston aooompanjuig him. regulation* for use in the contingency of
dozen phyrioUn* were T“ ck, y {P i' the calling ont of *rmy and navy rwervea
donee. They found an in oraln the h-d. u beenisiued.
which bad apparently fractured the skull, I
and a dislocation-of the neck. There were kaClbas* at abna.
Ue> rations of tb* face snd bruise* of the Sofia, October 12.—General Ktulbara
lvvlv Mr Simpkins did not at any time I k*» arrived at Varna. He waa received at famished by the proprietor or by hi* con-
iwmn consciousness and died Atjl ^l'clock, | the station by_ * pro-Russian deputation, sent, bat by hi* bar-tender, was not a good
term, 1885.
2. While the father may have requested,
verbally, that liquors might be sent to him
by his minor ion, yet that waa not the of
fense for which the prisoner was tried, but
it waa for famishing liqaor to th* minor
himself, and it was shown to have been
drank on his premises.
(a) Evidence as to the father’s verbal
request was not relevant or admissible.
Judgment affirmed.
R. J. Jordan for plaintiff; n. C. Glenn,
C. C. A., by J. Is. Msyson, contra.
.-..Jin snnieionshcaa and died at 2 ,pcioc*, uie station uy a pro-nuosian uepntuuon,
f^VcuM after the accident. The rums- which greeted him with cheer*. Subae-
“ r ; e ,“r„ was caught at Fifty-ninth-atreet quently he proceeded to the Ruaaian con-
7‘7 r^hth-aVenne by a park policeman. solate, which waa surrounded by a threat-
ilr Simpkins was 19 years old. Hi* effing crowd. It waa necessary to plaee a
JS^SSSmM *8°. HisfAffiM
left him, hie elder •“*?' Bttth S?i.rf S!l
other children a Urge fortune. Wdlardwa*
tegons. l/e waa very fond of
U* had a good aeat and luad to
waa so unruly or apanieu ft aa his I of the London Newa organization has been Krogg va. Atlanta ami West Point Railroad
sbnnntd it, Mr. himpama • ^ expelled from Bnlfaria by tbe order of the
mount and waa not lau---- | Enigma
mastered it.
ening crowd. It wss necessary to plsoe
military patrol at tha consulate to protect it.
oaoTHBB cobbispokdent expelled.
Soria, October 12.—The Bulgarian su
bsea arrested and sent to Constan-
newspaper correspondent who ao-
‘ General Kaulbarm. The tort ea
rn connected with the Independ
ence Roamffine, of BachareaL
riding-echool if a bora* I iipkllino a NBwapuwB coaaiapoNnOT.
iritcl that tho popti*! L-vton, Ootober 12.—^The correspondent
Buigoruu government.
Ccmuauyetal, an 1 vice versa. Ca
from City Court of Atlanta. Before Judge
McPbee vs. Venable et al. Equity, from
Fnlton. Before Judge Clark*. Taxes.
Municipal corporations. Notico. Tax
sties,
Blanvfokd, J.—1. When tbe owner
real estate, levied on for city tales duo tbe
city of Atlanta, is nnknowo, bnt bis agent
is known, is resident re the city, aud ia
known to Uie officers of the city to be inch
agent, be ha-ing paid the taxes for several
years and his name being entered on their
books as snob agent, notice of tbe levy .
tax 11. fa., whioh is required by the city
ordinance to be given to the owner if known,
should have been given to inch agent.
(a) This being a sale for municipal taxes
all requirement* of the law and ordinanc e
of the city ahonld bo oompliad with.
Ga. 418.
(bj The ordinance waa anthorized by tbe
charter of the city and becomes tbe law
governing it A person claiming title nnder
such role most show affirmatively that
everythivg has been done which the
reqmroo. Judgment reversed.
Reed A Uheinhardt, for plaintiff; Hop
kins A Gluon, Candler, Thomson A Candler,
contra.
Smith va. the State. Aassnlt with Intent
rap*, from Fnlton. Bslore Judge 11.
Clarke. Evidence. Letters.
Hall,J.—1. In the absence of direct evi
dence of the execution of a letter offend in
evidence, itwasadmiseible to reaort to proof
of tundwritiog, and in that caaa any wit-
nesa is competent to testify as to his belie!
who will ewear that ho know* or wonld
recognize the handwriting; bnt the source
of his knowledge ia a question for investi
gation and goea entirely to the weight and
or adit of his evidence. Cod* 3839.
(*) But there was direct proof of the
execution of the letter in question in this
ease. A witness swore that he recaived it
from tbe hands of th* person by whom
it purported to be written, with insiractions
to deliver it to defendant; that he delivered
it to defendant th* mororeg after he re
ceived it; at that time defendant read
portion of it to him and he aaw a blot ni
it and which enabled him to identify it;
that he did not ae* it written aud oould not
be more positive than this on tbe point
it* identity. There waa certainly enoi
to carry th* letter to th* jury, as well aa
fact that a letter had been handed to the
witness by inch person, which she posi
tively darned.
(b> Tb* court baa nothing to do with tha
aradibUityof tho witness** or with Uie force
and effect to bo given their testimony.
(e) W* are inclined to the opinion that
other letters, offered aa oomlng from the some
person, might hav* keen admitted,
when it was shown by experts that they
had been compared with the letter above
mentioned, and that they were all fonnd I
be in tho swme handwriting. Cod* 3810.
(a) That a foundation was properly laid
to ^introduce these letters aa impeach
ing testimony ia undoubtedly true, aud
thiir importance and material.ty was mani
fast.
Tho evidence not only doea not
qffi
I
of
ongh
i the
by many
mons that during the past year a largo
number of polygamous marriages have
taken place in tbe templos of Logan City
and St. George, located respectively in tbo
extreme northern and southern parts of
the Territory. We have not the menus of
verifying each reports, yet we have no
doubt that a oonsidc ahle number of mar
riages have been celebrated with the knowl
edge, approbation, and active co-opemtion
of leading men of tha Mormon church.
Whether, upon the whole, polygamous mar
riage* are on the decrease in Utah is a mat
ter on which different opinions arc ox-
iressed, but undoubtedly many persons
lave been restrained by the fear of disfran
chisement and tbe penitentiary, and we
think it is safe to say that in tbe more en
lightened portions of the Territory, for ex
ample, Salt Lake City and its vicinity, very
few polygamous marriages have occurred .
within the last year, while on too other
hand, in the rural districts, in some parts
of tbe Territory, we have reason to believe
that sneb violations of tho law are noi in
frequent.
Referring to tho joint resolution now
ponding in both honsoB of Congress, pro
posing an amendment to tbe constitution
of tbe United States, prohibiting and pun
ishing polygamy in all tbo States aud T. rri-
tories, extending tbe judicial power ot tbe
Federal government to the prosecution of
snoh offirncs, tho report snye: “While wo
are of cpiDion that this should not super-
fedo other'measures, wo are satisfied that it
would he on efficient factor in effectnating
the desired result—namely, tho abrogation
of polygamy wherever it exists within tho
jurisdiction of the United States. In addi
tion to the reasons presented by tbe judici
ary committee, we suggest that tha incor
poration of this provision in tho con
stitution would servo as an advertisement
to the people of all civilized nations that in
the United States polygamy has been put
nnder a ban in the moat authoritative and
emphatic manner, so that the most ignor
ant of the deluded immigrants might rea
sonably be expected to take cognizonce of
the constitutional inhibition, and the oon-
sequences of violating tha laws.
“Before closing this report wo wish to
impress upon the government and tho peo
ple Ihe magnitude of the evil with which
we have to contend. The total number of
Mormons throughout the world is over two
bundrod thousand, a largo majority of
«hom reside in Utah. While of these a
great majority of the adolts axe not living
In polygamy, yet every orthodox member
of that church professes to believe in it as
divine revelation, Tbo people havo been
tangbt this dogma in their temples, taberna
cles, meeting bouses and Sunday schools
for a third of a oentury. Tbait tfamk or
ganization and eeoleaiaatieai polity are mar
vels of skill and ability. Their leaders are
textile In resources, while the mass of the
people are fanatical and •aperetitlous to a
degree that haa seldom been wilnesaed in
modern times. In each a condition tboro
is no remedy that wonld be immediate in
its effects except military force, and this
cannot now bo applied beeanso no civil
government ia this age will wago e war of
extermination against unarmed men, women
and children. Bnt the evils existing In
Utah eannot be ignored by the govern*
munt Devoted as the American people aro
to religions liberty, by ednention, tradition
and constitutional sanction, they will never
allow the principle* to be subverted by tbe
toleration or sanction of crime.
THE BEAUTY AT HOME.
How Mrs. Langtry Spends Her Time Wtun
Off the binge.
Naw Yoax, October 8.—This notico to-
day appeared above tbo polished bell knob
on No. 361 West Twenty-third street:
Only psnonAl friend, aud gentlemen of the nreas
will ■» received. All otbtre a tut apply l.y letter.
Lillie Laso inr.
Tbe notice is in tbe writing of the beauty,
and the algnatnre, which U big enough to
be real] almost from the street, ia identical
witb that which aide by aldo with (he emi
nent Brooklyn preacher's has immortalixod
a London aoapmuker.
Mr*. Langtry is always awakened at 9
o clock in the morning. She then spends
tan minutes in an ice-cold bath. She goea
back to her couch for half an hour's nap,
from which ahe ia again aroused by her
maid, who brings on a dainty silver salver
some f ruit.n Sevres cap of Russian tea and all
tbe morning newspapers. Before she arisen
Mrs. Langtry haa seen every mention of
herself in th* papers. At 10:30 the secre
tary arrives and the actress' corrrespon-
denca la dictated. At 11 o'clock Sirs. Long-
try takes op the foils, and after a rapid
bout with her master, to keep herself in
form, sha goea to reheanud. As a fencer it
1* doubtlfaPif she has a superior in gowns
among thorn of her profession or tho ama
teurs. She ia daver with the pistol, and
never miaeea a card at fifteen paces. At 4
svaiy afternoon her little Chinese psgo
opens her big front door and she steps out
through the crowd that always awaits her
and Into hereelegant carriage.
Mrs. ^Langtry keeps two distinct ward
robes, one for home and one for the theatre.
When she goes to the theatre in the even
ing, oh* takes a ahower-bath and then
changes her entire costome for the theat
rical wardrobe. A manicure always meets
her at this hovr and the nails aro polished
to roaa-tinta when she leave*. She has a
half-dozen new marvels by Worth added
to her wardrobe tkia year.
Philadelphia Time..
Ooasips over in New York say that Mra.
Langtry will receive the divorce ohe haa
been expecting some time daring her
present tour of the States. The rumor that
ahe is to make her iatnre homo in this
country is also revived, and additional in
vestments in New York real estate, quietly
bnt antely made, give credence to the story.
Mr. Langtry la not expected to moke any
objection, or none, at least, that cannot be
removed by argument* of a substantial
kind. Some add that Mr. Gebhnrt really
has th* eoldly-ealm beauty’s Affection* atui
that t»ho will jet wed him and retire from
the stag*. But this, too, locks unqio -tinn
ed authority. With talent that never was
remarkable and beauty that must fade in
time, U ia not strange tli.it tbe lady should
I'lir- the verdict, but utterly failvtosnp- look'to the filter- with something like
'®rt it. 2 Hale's P, G. 290; 1 lb. 635; C33; calculating look In her cold grey eyes.