Newspaper Page Text
THE WEEKLY TELEGRAPH: OCTOBER 11, 1894.
HIT WITH A MAN
TO BEAT HILL
, w York Anti-Machtne Democrats
Nominate Everett P. Wheel
er for Governor.
LOCKWOOD IS INDORSED.
It Judge Brown—So (lie Plght Will
15a Mud* Solely ou Governor
IHIl—Fairchild Wne
Vlmld.
, v v York, Oct. 9.—The antl-inachluo
toniiB, at a mooting held' tii.a
Ik at the office of E. M. Shepard,
[yod to uomluate the following
ket:
governor, Everett P. Wheeler of
L york; for lleiiteivant-troveruor,
uiol M. Lockwood, of Butfalo; for
L of court of appeal*, diaries h\
uu of Orange county.
Wheeler has announced hi* ac-
iuoo of tho" Domlnutton. Mr. Shcp-
s; iid that Measrn. Blown and Lock-
w j would also accept tUe uonilua-
i
fromptly at 3 o’clock this afternoon
kalis of tho Trinity building in this
began to till with Democrats,
Laout in opposition io uio regular
C Mr. Sttepurd had given It out
in die day that lu his private
in lilt; Tviuity oumtuig the COiii-
L of nine, representing the reform
Lent of the Brooklyn Democracy,
aid confer with other Democrats
■up !he state and nominate a
nl ticket.
I was thought until tho very last
t cx Secrot iry Charles S. Fairchild
Jd lie nominated for tho first place
[the ticket, as lie was the choice of
majority of the reformers, liut It
appareut, after the conference had
: .a session some tlmo that Mr.
Irdi.iJ was not unx.ous to accept
[ivadersltip.
; il.snu wens closed and for two
. the reforming discussed the slt-
•j. ft wus long after .1 o'clock
v Mr. Shepord invited the iiieiu-
J tlio press into his office and
out tlie selections made. 11c said
tiled statement of the proceedings
le roufcrcnce would bo given out
m the evening, together with the
onu.
. Shepard made tho ajmouuce-
ili.it Charles 8. Fairchild would
the chairman of tho campaign coin-
• and had agreed to serve in that
,ty. Tho committee would bo
siil in pnrt of the following gen-
p, all of whom were at the coll
et Franklin D. Locke of llut-
t Edward M. Shepard of Brooklyn,
ary A. iilchmoml of Buffalo, Siy-
ir Van SanTvoonl of Troy. Michael
an ir of Brooklyn, ltobert A. Wie-
no of Hook land county. Tho*. <J.
irnian of Brooklyn. John A. Beal
New York, Jolin Brooks Leavitt of
York, if. S. iiamsiiy or Brooklyn
A. K. James of Buffalo.
- said that those named constl-
i oaly about half tho committee,
li will 1m- completed later, after he
conimmicated with the gentlemen
"'•re with the reformers heart
-ml, and who, be had no doubt,
old wrve on the committee.
Ir. Shepunl was asked why Falr-
M had refused the nomination at
head of the ticket.
Well.” said he, -.Mr, Fairchild Is tho
|t of the state Democracy nud if
accepted the nomination It would
il upon him the necessity of gtv-
up the leadership. But he has ac-
'1 ’lie Chairmanship of the com-
ronimltteo and will be lu tbls
rt and soul.”
nlrtf irm of the Democratic re
organization. the ixitne adopted
ine reform oraranlzatton. Is In part
u lom:
toe delegates duly elected to the
■erattc state convention of 1831 by
Democratic orrty In Kings county
P* diKhooeetly and unfairly
Wjd therefrom by a vote of a
f” and Interested cramretMee, and a
under riw Usr 1n the convention,
^**°c(at*d with ‘tbeoMelvee rep-
fot.ve Densrerata from other parts
> State, adopt and pubSih this de-
*.«on:
T. ork **• an<1 will remain, a
state except whan betrayed
"Wcrupnlaua leadereblp, snap meth-
corrupt praetlcea and the ring
Immoral* 1 '* ”° '*** un<, * mocnl tlc
Pi'.^nubilcan party has degener-
, h , A_ th » tool of trusts, an enemy
»v fusing taxes to rob the
V '°. r . ,h ? few. Preaching a protec-
waiob baa produced cruel indus-
r..E** ton ' “"d n °w culminates In
LX 1 **®* kwolerawca of the un-
■h PtrteeUvo Association,
v>cracv tter V • bhonrent to genuine
l> OX!! ° n,y . -,ouM ^ ehoaen for
dnK»i k “ ml “fwopthy orndtdatas
Woit^i b , V , ‘’owpethy means should
Jr"*™ ait the polls,
iht MS?-- eonvwitlon has
|"t° Wtrtfy 1n the constitution of
tnry n,Yo, rry !? :lr> ' lfr appcrtkiomem,
«"oan are,*
m ' w '“*^- e *govcrn-
demtvc ratio
*° <*«*! candidate
i ** * Democrat only
"> Democracy means himself;
LA^Lee™** of the United States,
/Ss‘ a fi u . D ® llmU<l president;
th- ^ ,h * na.romount principle
»i f Platt form; ixetuded
lc po7™ councils of the Dem>
tc demeaned the -Dsmo-
New York, whoso pollt-
: bean built upon corrup-
•e -VU iL2U , *¥'P < 4 «n able totri-
F’’ the wl»PtaBaed and dl-
■ir, _ crime rebuiml | n
• who^xr aic?* hur * i " <i <ho! ‘-
inform.
I to a eon yen lion
*'• ttii-v to Democrats
[fliin , *t their homes, done
'i. i w and hon-st
'-r-n k h J°}j that regularity In
it .. .,1.in our great cities
i 1 • lf not Participation.
t,r; nt \worthy and lorn man as
t* offlr* of governor, an
e h, - J T th5r *nd loyal Democrati for
f., •*•*** «fflcoa to flllM
L‘• io thl» In th* hop* that
Itoors. wll , bold !> the Democracy
mm .a would oth*rwl®« U
, 1 «ttll mor*. that our *rr.*at party
*• ; for aJI future tlir.D, c*nn • to
^ ^trument of political an l patrt-
'• * n.iiln qu*sClono of r.itiY'r
*1 Uratloni of tti pliffll
; . ■ that of the S.irs t"i< i *’C
can be approved by the election commls-
“^aers^and printed on the official ballots.
the necessary number ornames would bo
obtained quickly und declared that
enough names would be attached to peti
tions tomorrow to give the ticket official
standing. Headquarters will bo at once
opened and a vigorous campaign com
menced.
ON A ItUNAWAY TUAIN.
Wrecked at the Bottom of a Steep
Grade and Several Men Killed.
Abbeville, N. C., Oct. 0.—A south
bound freight train on tho Asheville
uiud Spartanburg road ran away, do mi
u heavy grade uu Saluda Mouui.aiu at
b o'clock tills morning.
The crew temaiued ou tho riyiug
train, which nm to tlie bottom grado
torn' mile* and then lett the track, tlie
engine and twelve can piling up lu a
deep cut. .
The llrst train from the wreck came
In tonight, bringing tho body of Neal
Ewing, uu Asherule stonecutter, who
was stealing a ride south. It I* now
heltovi-d that three of the crew were
killed, ultuough the bodies of Engineer
Broom und Brakcmnn Allen have not
yet beea found. Fireman York's body
was found, bet the wrecking crew have
not beoa able to reach It yet.
Conductor Patton nad a leg crushed
and his skull slightly fractured. Ills
leg was nmputiued and there are
chances for Ills recovery. John M.ller.
a colored hnikemnn. Jumped and was
only slightly hurt. Utliers of the crew
stood to their posts to the last. Daniel
Owens, a stockman, was In the ca
boose but was unhurt. He had a car
load of cattle in tho train and every
one was killed.
It la reported tonight that two lioys
were beating a rale and were killed,
Imt this cannot be verified. Tito grade
where tho train ran away is fout; miles
long and Iho average one hundred feet
to the mile. The runaway began half
a tulle from the top.
ENGINEER SMITH DEAD.
Knoxville, Tenn., Oct 0.—Sam Smith,
engineer, who was injured in the terri
ble wreck on the Southern railway
near Bristol Sunday afternoon, died
this morning. A. J. Tucker, postal
clerk. Is mot cx|>octcd to live. All the
others nre doing welt.
READY FOR A FIGHT.
Rival Faotlona in Colombia At* Pre-
Wiring for War.
New York. Oct D.—Some Interesting
news V.f 'the political situation In Co
lombia'was obtained from a passenger
of the steamer Adirondack, whlrii ar
rived todav from Port Linton and
Kingston. It seems that Immediately
after the dvath of President Raphael
Nunez, on September 18, the leaders of
the two political factions In Colombia
began preparations for placing their
party ait -the head of the government.
Bach move toward this end made by
one party was followed by Immediate
and more aggressive action on the part
of the other, so that at the present mo
ment there is aild to be two well
equipped and disciplined armies ready
at the altghtast provocation to pounce
upon each other and deride by force of
arms who shall be head of the govern
ment.
It Is also said that the drafting of
men. both foreign and native, to these
different military oompanlm has caused
such a dearth of skilled laborers—as a
matter of fact, all laboring men—that
the different railroad companies are of
fering fabulous salaries to engineer*,
firemen and train hands, who will take
the places of the men who have been
foroed In to the service by the oontend-
tag factions. 1
FOUGHT TO THE DEATH.
Bill Cham bens. Demorat, Killed Torn
Weaver. Populist, in a Pistol Fight.
Atlanta. Oct Asray back in Early
county, Tom Weaver and Bill Cham
bers bad a duet In th* -rood last Thurs
day. They emptied their pistol*. Wsa-
vsr was mortally wounded, while Cham
ber* escaped unhurt.
Weaver wo* s Populist and Cham
bers a Dembcr.it.
A lew nights before. Chambers was
talcing a wagon to a Democratic meet
ing, and ran into obstructions serous
the rood. His team ran away. Tho
next day he stated that he -believed the
bstnudtdons wore placed tn the road by
a Populist.
weaver resented tt He laid In wjR
for Chambers, arid the duet followed,
resulting tn Wearer’s denth. le la re-
ported that the tragedy excited the
PoopMsta. but there will not be any
trouble Chambers had a preliml-
bond. trt *‘ 00(1 leased on a 88.000
GREAT DAMAGE
BY THE CYCLONE
Pensacola Suffers Severely but Fortu
nately No Lives Were Lost Nor
Was Anyone Injured.
MUCH SHIFPING WAS DESTROYED
■from Alt Along III* Utilf tonal -
Stortrs of Shipwreck nml him
ter,—lalttlo DHinnpe Along
tho Count Line.
SPINNERS ARE DISSATISFIED.
They May Repdlate the Committee's Ac.
tlon In Settling the Strike.
New Bedford. Oot ».-Discouraging d*.
volopments occurred In the textile situa
tion thla afternoon. The atrlke. which It '
was thought was happily settled, may yet
be prolonged. There Is a sentiment of dls.
satisfaction among many spinners today
In regard to the work of the conference
committee. Much fault Is found in par
ticular with that part of the compromise
accepting the Fall River result as perma
nent
There are rumors thla afternoon of pa
pers being tn circulation among members
of the union repudiating the work of the
committee.
Secretary Hart of tha Weavers’ union
says he has heard of the paper, although
he has not seen It. He adds that there
is a good deal of dtelatisfacdon among
i plnnera at the south end of the city over
the action of the conference committee.
DANVILLE'S BIO BLAZE.
Danville, Vo., Oct. 9.—Fire broke out
in A. 0. Fuller & Co.’a tobacco factory
about 8 o’clock tonight. The factory and
contents were totally destroyed. Loss
about 818,000; insurance. 83,000. About an
hour later, after the Fuller factory had
burned to the ground and It waa thought
all danger was past, flames were seen In
the upper story of the factory In tbe rear
of the Planters’ warehouse, owned by J.
M. Neal, a hundred yards distant from
the tint lire, n l» supposed fo have been
caused by sparks, as a high win-1 *ra*
blowing »l 'he lime. It wa» gotten under
control at midright *»
ascertain tbe loes tonight. Tbe 1 lanters
u -rehouse which at one lime was threat-
WM saved Intact none of the to
bacco belon-ilng tt >t* P*'ro n » having
been damaged.
HAIR IS NOT WOOL.
.Utomey-General Max weU Informs
Secretary Rirtiele.
H OOD’S Sarsaparilla «int its way
into the coniidcr.ee <-f the (icoplc
i,y the good it L doing. Fair tn..la
guarantee permanent CURES.
Pensacola, Fla., Oct. 9.—The tropical
hurricane font has been central In tbe
gulf for several d-ays, struck this city
Fun-day night. The wind blew from
the northeast and was accompanied by
rain.
The hurricane Increased as morning
approadhod, and all day yesterday tt
raged with terrible fury. Falling signs
and roofs made It dangerous to appear
In the streets and business was practi
cally suspended.
The average velocity of the wind
from 7 a. m. to 7 p. m. was forty-eight
miles per hour. Between 3 and 3 p. m.
It blew steadily at foe rate of sixty-
eight miles an hour, and several times
between 11 a. tn. and 4 p. m. It reached
a velocity of eighty-five miles. At 2
n m iMhtt (warrniafaw /all In +9.2*
lowest ever recorded at this station,
being .19 lower ttran during the great
storm rtf l.wt October.
The centre of foe hurricane was not
a great distance southeast of this city,
but every telegraph wire leading from
the city went down before 11 a. m.
and nothing could be heard from other
points. Owing to the wind blowing
off Shore and the warning given by the
wealfoer bureau, the damage to foe
shipping was small.
The British hark Soammell Brothers,
newly loaded with timber, dragged her
anchors over four miles across foe bay
and went ashore In seventeen feet of
water at a point oppoelte the life sav
in* station. She will have to dls-
dbarge part of her airgo.
The Swedish hark Antoinette, not
waded, dragged her anchor* half way
* !m ’n to* bay and was saved from
capsizing by cutting away her fore
mast. The little schooner, Two Sons.
O r,ea “- h «d her musts cut
svray to keep her from capsizing. The
fishing smack Mary Potter, dragged
her anchors from Town Point and went
Mhore on Santa Roea Island, east of
foe life saving station, -where she lies
high and dry.
The tide rose over the quarantine
station and damaged tho crib. The
that it broke clean
OVCT Santa Rosa Island and the life
"V.?* c " w “T tn water up to their
The h,<,w ' n down Ot
tho. station- foe wharf was swept away
“nk. he ,UPI>ly ,loop ® waj hpcd nad
n £ h i,' r i < ; k . °L t7le dummy lino from
in* Bj 5 "?? toW>e navy yard U twisted
hlbSrild! al !? 111 ! *' m ° Places
t "?° feot under »md.
The city i* much damaged, p
trees and small outhouses were blown
^S ry part ot «»• city A
SfL‘df» oa the opera
«T i ’ V.. entire roof was -torn off
”’* D Ur *e Blount and Watson buildtag
elroel. and all foe stores and
A ?. ooded wlth hritri.
°* *** of Crearv & \tn.
macfhlne shop n*aa blown
pSSy ^kT com*
» zpgLanp'&ii
ss.*r«x r . 11 ' ,,uc,, -d
NO DAMAG^ATSAVANNAH.
nut th. wind Blew Seventy Miles an
Hour at Tybee.
Of th.
•srsusrS
made secure and suffered no
8HIP3 BEACHED^It MOBILE
Mc-bll-, Oct. 9.—Monday was a*verv
rough day for mariners in Mobile ll.iv
2?®, R ^ lal i eeboener itarcus, Capi. m-n
hSSht'^,5 0Ur ,* no ? OM out during the
iMr.gnt of the cole, but vu nivFrih«i«a a
beached near Fort .Morgan. She Uee 200
yards from the water. llCS
.Uce «uu Iwu her mninmaet carried
away. An unknown schooner la beached
tro r *** Mt >wn on the
land aide. Several nteamcra end bMm in
the bey rode out the rale without dam.
TROUBLE AT HORN ISLAND.
Scranton. Mies*, Oct. 9.-This morning
th*? tugs Leo, Eve and Fox went to Horn
Island, but could not make a landing.
The Norwelean bark Triatem cut away
her mieU yesterday afternoon, then fired
Mlgnalt for tugs. The harks Onlovlc and
Tirla Tnpan are strnn lf”l end leaking
badly and It le believed that all three
will have to be abandoned.
The French bark Suzanne BouMt
weathered the storm In aafety. Fortu
nately there were no lives loxt.
ASHORE AT SHIP ISLAND.
Morn Point, Mias.. Oct. P.-In tbeetorm
yesterday the following veaaela were driv
en ashore et Ship Ialead: Schooner J. A.
Fisher, from Bogtown; erhooner Calla,
from Peerllnfton; flahlnr emack Lenorn,
from Mobile, which la e total wreck;
barge Lupus, and about M00 stftcke of
timber.
No lives were lost At Round Island
the schooner Curfew end bargee New
New Ere, SL John end Jersey ere ashore.
ORANGE CHOP BADLY KURT.
Ne-v Orleans. Oct. t.—A t«legrera has
been received from Tort Eads to the ef
fect that the ora nee crop In the vicinity
woe damaged one-third by the storm.
Th*» wind t*M ett.v.*d a *■ Ity rf
elchty-fLHir miles an hour, when thi?
Vi’)--* broke* T» •* r>- fh-ll- w»r* r -v-
cred with water to th*' depth of f*. ir fe*r
but an the crop had b-m harvested, v
little damage res*Uted fr -m the overt!
1 plants
wxi* --M »t the
br ^i irphy •'w > ■
Co. for 3* cents.
y .’i irincl.
Take it when
‘ awfully tired”
Brown’s Iron
Bitters.
GHE FQO FALLS
TO THE JAPS
An Important Ovnese Treaty Just Re
ported to Have Been Captured
by the Mikado's Troops.
THERE MAY BE A BATTLE SOON
Til. Japan.•« Army I. Steadily Advilu
lug Toward III, Wort It and a Col
li* Ion Slay Taka Plnco
Any Day,
Yokohoma, Oct 9.—It Is reported that
the Japanese have captured Che-Foo.
Ohee-Foo Is a treaty port of China on
foe north cos«it of the Shang-Tung prom
ontory. It has a good harbor, an active
trade and a l-opulatlon rattmated to num
ber about 80,000.
A BATTLE IS IMMINENT.
The Japanese Army on foe North Sldo
of the Yalu River Ready for Fight
London, Oct. I.—Hie Westminster Ga
zette publishes a dispatch from Yoko-
homa whloh says It is reported that the
Japanese have captured . Che Foo. Tbe
government, however, baa received no
Information continuing this report. A dls,
river at Foo Chow hu been closed to
shipping. The British war ship Undaunt
ed lute been uruereu to KwpBqqi and the
gunboat Firebrand to New-chwang.
The Star this morning prints a dispatch
from Yokohama saying that the advance
guurd of foe Japanese army Is encamped
on the north of the Yalu river. The dis
patch also says that a battle Is immi
nent
A dispatch received here from Shanghai
says that a second Japanese army Is re
ported to have crossed the Yalu river and
to be advancing upon Moukden, which It
Is believed will soon fall, as the Chines*
are reported to be In a condition of de
moralization.
The Central News correspondent In
Shanghai says that a steamer loaded with
coal for the British war ships at Che-Foo
was stopp 'd the other day by a Japanese
cruiser, but was subsequently allowed to
proceed.
The British and German clubs In Tien
Tsln have adopted concerted measures
for tbe defense of the European resident!.
The volunteers ore drilling steadily. Bus
iness in Tien Tsln Is at a standstill.
Stores of skins and hides from th* In
terior are accumulating. The viceroy
works night and day, but keeps himself
secluded. lie has not been seen In the
port rtnee the recent Chinese reverses.
A dispatch to the Central New* from
Tien Tsln says the British minister in
Pekin called at the Imperial palace yes-
terday and was granted a long and oor-
dlal audience by the impcror.
It Is reported that reinforcements of
ramrlnes for the British squadron In ChL
n.s. waters w‘111 so to their destination
by way of the Canadian Padflc railroad,
cs that la considered the quickest route.
FKAlta OF A TARIFF WAR.
A German Paper Sees Danger tn the Sit
uation as it Now Exists.
Berlin. OcL ».-The Frelsslnnlge Zelt-
uns of this city rays; "Wc are drifting
Into a customs wsr with America. If
the Oerman-Amerlconi succeed In get
ting Chancellor von Caprivt on their Bide
and the United States refuses to modify
the sugar tariff, reprisals by Germany
will mean an increase of the grain duty
from 36 to M marks.
counter reprisal. J*^*™**
SLfe^tcn^es^reXTthe Bus-
alan tariff war.
SUN’S COTTON REVHvW.
New York. Oct. O.-Cotton -tdranced
S to 10 points, and closed *“1 ■ N e ’’
187 800 bales. Liverpool *“* "J'
;l 7 .need on foe epot. Sales of 10,000;
fotures lecllnct 1 1-2 potato, recovered
this awl then fell 9 polne". but recov
er,- 1 and dosed s:eady. Manchester
was dull. Ctolha 1W »««-
Spjt cotton here decllnedl-l« cerAs^
Sales. 370 for ginning. The racelpra
- year!
i£oTo7n WO. and M.M7 this «»r In
iS91. Thus far thl» .lf0»W»
niralnst 131,826 thu* far kwt week.
New Orlenaa receipU twagrrow *wr»
ors^Jffjr, i
^TczHyh* feature*—Prices “P
and down as If In « eanao of tennis.
ump adv»nce4 on account of rne froze
reports* treen file South, ^* len ..^ ec
pir:ly owing to dtspatcflie* ttaatlng that
the froet Sad don- no dansigs. HI*
contended foat a be
beneficial to foe rank growth. The
South sold eoMlderable corion and
there was quite a local liquidation on
tho rt«* early In the day. The tone was
qulto nervou* ami * prices were
affect el by bullish or hearten
news end rumor*.
The crop movement wai urger to
day tn the two bis crop year*
of USD ami 1851. The New Eniland
new* vm more fawrable. «Prlnt clothe
were firm. Thom warn Ima activity
In Liverpool, snd Man3heater waa de
pressed. In New York botti bulle ntid
bear* are on the qul vlve for further
development*. No one would be *ur-
prlsed to see larjre transaction* and
violent fluctuations In price*.
KILLED BY HUNDREDS.
Fjnama. Oct- S.—A uajnUh to Um
Star and Herald from Grenada, N’lcara-
If 111, *ay»: A toirlble cattetrophe ha*
occurred ben*. The military barrack*
have been blowti up. and a whole quar-
t \r ot the etty tin* b»*-n badly damaired.
Th - number cka<l Is ‘.Milted at TOO.
ViTAL TO MANHOOD.
. vv: lu A tryui . tit. |1
6 for K>. I 7 ic»L. TV tLa Mwbiirilc- f-.rd .
r> ! r rittiTi g-tAFttiit^ fo r-f -1.1 It t. ... -
oa-.f .i,r. r^ub.D-.t t, ngju wf- vr-s i iv* h rf :,
GOODWYN’S DRUG STORED
ssmaa
Jartun Cbra 11. la, writ’s; “Ilnvlny btm
z gref’t sufferer for many years with nearly
every alseaeo my aex ta
heir to, I enn now pay
1 flta well mid hearty.
Have done more hard
work In the post year,
ond with mor# case,
than I have dono for
twelvo years.
before consulting you
I was tho moat wretch
ed among women, un
able to walk or alt up
In bed, nnd now I owe
my good health all to
])r. I’lerce'B Favorlto
Prescription, •Golden
Medical Discovery’ and
‘Pi'I lots.’ I Kfiln**d
twelve pounds while using the first bottle
of ‘Prescription.’
I send you my picture together with my
most heartfelt thanks. To any one Buffering
os I did who wants to know the particulars
of my case and who will send a stamped en
velope with natno and address on, I will
wrlto particulars."
Mns. Pni>’OLE.
iTv YOU ?
SUPREME COURT OF GEORGIA.
Decisions Rendered Monday, October S,
1894.
Cantrell re. the state. Before Judge
Clark. Fulton superior oourt.
Rcudnx the whole charge of foe court
together, tt conforms substantially t>
the rule touching foe eotabll*hm«it of
an alibi, and the doctrine of reusonaJjle
doubt, as set forth In Harrlsxn vo. the
State, 83 Go. 139; *nd there was no er
ror In denylmc a new Ihlsl.
Judgment affirmed.
F. R. Walker for Plaintiff In error; C.
D. HIM. solicitor-general by brief, con-
tm.
Foni vs. the State. Before Judge Weat-
moreland. Criminal-court of Atlanta.
As foe whole case turned upon the
crockbilltv of foe witnesses, there was
no eror tn denying an ew Trial.
Judgment affirmed.
F..R. Walker for nlalntlff tn error; L.
W. ’Thomas. solicitor, by brief, contra.
Tarpe vs fo* State. Before Judge
Clark. Fulton sUDerior court.
The evidence to connect the accused
with tne Durgtary a* a principal being
wholly ctrcumetantlal, and while suffi
cient to m lee a presumption against
him. yet as H did not Include every oth
er reasonable hypothesis, but on the
contrary The hypothesis that the
burglary was committed by the
woman with whom he was living
being sustained not only by her
’positive testimony but by physical
facta established by other witnceocs, tho
verdict for burglary was unwarranted
by the evidence, and foe oourt erred tn
not granting a new trial. The evidence
was sufficient to convict the accused s <
accessory after the Tact, but this grade
of offense was not charged in the in
dictment
Judgment reverend.
F. R. Walker for plaintiff in error; C.
D. HMI solicitor-general, by brief, con
tra.
Hawkins v«. the State. Before Judge
Clairk. Fulton superior oourt.
■A conviction for The offense of lar
ceny from the house cannot he euataln-
ed without t>roof of tho ownership of
foe property alleged to have been sto
len and that the same wus of some
value. In th* nrceciU case There was no
legal proof of the ownership, the only
evidence on thla paint being hearery,
which was Illegally admitted, and there
there wan no proof as to value.
Judgment reveraed.
J. E. Robinson, bv brief, for plaintiff
In error: C. D. Hill, solicitor-general, by
brief, contra.
Cortey v». the State. Before' Judge
Clark. Rockdale superior orurt.
1. The motion In arrest of Judgment
Is controlled by Moody v*. the State, El
Oa. 860. tn connection with Arnold v*.
foe State. 51 Oa. lit: tsom vs. ine Surie.
88 Oj. 378 and Jenkins v*. th* Slate, 17
8. E. Ren. C93.
« The Indictment belnr for ati assault
with Intent to murder, aesd alleging that
with a pistol, a rock and d large stick
the accused did areault, beat nnd shoot
a named person, * oonvldtton thereon
oouM be had for shooting at that per
son, and there being no evidence that
accused shot a pistol, making thereby a
wound on the person named in tbe In
dictment, although thane was conflict
ing evidence both a* to the shooting and
the enure uf foe wound, there was
enouth on'which to base a change to
the Jury authorising them, If -hey
thought foe evidence warranted it, to
find th* defendant guilty of the minor
offense of shootlnr at another.
3. The sentence having been pro
nounced In October. .It was too lit# to
except foereto In the following June,
There was no error In denying a new
trial or in refusing to arrest the Judg
ment.
Judgment affimed.
A. C. McOalln J. R Irwin and J. N.
Glenn for nlalntlff In error; J. B. Can
dler. soUckor-general. contra.
In re Rosa, Judge of city court of Ma
con. Applloitton for manttimus nisi.
Tbe statute, (Code, Sec. 4353), allow
ing In some instances, sixty diys from
The date of the dedal on complained of
vrlfoln Which to tender a bill of excep
tions, applies only fo decisions made
1n term time, and has no application
to the refusal of a new trial on n mo
tion made In tenm snd by order of foe
court aet down for determination flt
chambers during vacation. A bill of
exception! to such refusal must be ten
dered wltMn thirty dxya alter th- de
cision, where no legal excuse appears
for delay. Mandamus ntal denied.
Freeman & Griswold for movwnt.
Wry* vs. foe stats. Before Judge
Gamble. Tatnall superior court.
1. It being Shown by the evidence
that foe accused had a lawful wife
■who was still alive when he married
another woman, the second marriage
was voM and dM not render thla wo
man incompetent fo testify against
him aa a wttneaa In a criminal cun*.
g. The statement of foe accused to
foe oourt and Jury, If true, miking
a case of manslaughter, snd he being
indicted and on trial for murder, It was
error, after charging correctly on the
ettilement, fo add: "If the statement
1« a statement In your Judgment which
demonstrates hla Innocence, and you
bcHeve that statement fo be the truth
of 'Uhe ease aa I have Just stated to
you, w>u have foe privilege, ami It
would be your duty In font rase to
acquit him upon It. On the other
hand, if you do not believe that state
ment to he audh a statement aa dem
onstrates hla Innocence, or If you be
lieve that statement to be untrue, then
you mty accept the sworn testimony
In place of It.”
Judgment rev--r«ed.
Garrard, Meldrim A Newgre.ro. Hines
Felder. Ie-o * Giles and A. II. Dxvts
for pHtritlff In error.
j. M. Terrell, attorney general, and
B. D. Evans. Jr., sottaltnr general, by
Harrison A P- .-pies contra.
IV.irdcn vs. the State. Before Judge
Roney. ’Richmond superior court.
Where the house broken and entered
was not a dwelling tror within the
curtilage, an t WUS neither alleged nor
proved go be • nl.ir* of business, but
w.is In fact * <• -rn crib or ham In which
©ora was stored, r - re was no burgla
ry. The offense proved was larceny
fr ■ rl I • ’I .1 !-■ i,nil .
D»> II I. !' •< 1 • >u and J. II. F.
t-- |d in error.
V V' i *n il I 'j \' .rlt■ .r gen' ■
r.y I!. O. Lovett ■ '.fr 1.
, Vf. the - • r.-' Jll I
it of ,re Uhitham superior
The charge of tbe court WttS war*
ranted by the facts in ovMrnee. and
liras free from error; the requests to
Charge wen- properly denied; and the
evidence warranted the verdict. There
■was ne error in overruling the motion
for a new trial.
Judgment affirmed. .
Nlcolson & McKethan, by brief, for
plaintiff In error.
J. M. Terrell, attorney general, and
Vf. Vf. Fraser, solicitor general, by,
briefs, contra. »
■Wallace vs. the state. Before Judge
Griggs. Bibb superior court.
1. Although the accused was Indicted
for assault with Intent to mutder, yet
■where the solicitor general announced
he would only ask for a conviction
for the offense of stabbing, which was
a misdemeanor, and tho trial, Judgo
stated (bait he would Instruct the Jury
there could bo no conviction for a
felony, and afterwards did so, there
was no error in refusing to allow coun
sel for The accused two hours for ar
gument, nor In limiting his argument
go thirty minutes under the rule uppll-
er.ble In mlsdemeanpr oases. The new
rule*, superior court, No 0. The cases
of Hunt vs. the state, 43 Da. 255. and
WIIHnn* vs. foe state. 60 Ga. 367, wvro
decided before tha rule lu question
was adopted.
2. The evidence waa sufficient to war
rant tlie Jury In finding that the de
fendant waa guilty of culpable negli
gence In using The knife; the charges
ot the court complained of were legal
and pertinent, and were authorised by
the evidence; the aaalgnments of error
as fo the admission of evidence, not
stalling what were the ground* of ob
jection, cannot be considered; and there
was no error In refusing to grant a
new trial. •
Judgment affirmed.
J. R. Cooper for plaintiff in error.
W. II. Felton, Jr., aollcltor general,
by Harrison A Peepkw, oontra.
PROCEEDINGS YESTERDAY.
Order ot circuits with the number of
cases remaining undisposed of:
tttone Mountain u
Augusta to
.Viacmt aa
Western
Blue Ridge 7
Rome ta
Coweta 8
Ocmutgce to
Patau ta
Albany I
Oconee to
Atlanta 61
Middle 8
Eastern . 21
Northern .....10
Northeastern 13
Cherokee It
Tallapoosa U
Flint 11
Chatte hooches 3A
Southwestern 13
Southern 4
Arguments were heard in the follow
ing oases of the Brunswick circuit: E.
BrohWon & Co. et al. vs. C. Downing et
ah. and vice verau. E Brobston & Co.
et ul vj. Chatham Bank of Savannah
ot al. From Glynn superior cjur;.
Docket A Fnwcolit vs. Giclnn A Frank
lin. from Glvnn.
Adjourned to next Monday morning
at 9 o'olock. The Atlanta circuit will be
taken ttn on Wednesday, tho 17th Inst,
Aiftfjr thirty oases of th i t circuit have
been railed, argument will bo suspended
until further notice.
.rifiS?" ito-v.
A STRANGE CASE.
How an Enemy was Foiieu.
Th« following frrtphto statement will l
read with Intense Intermit "l cannot de*c
tbenara
arm*, hit
«}Mnff parte
In a measure iho <!oaa feeling that hfd.talo
possDtslon of them. In addition.
urah,crocpyi.en!»*U«’iithat*zUtt‘<l to rr./
i, luuidaariu leg*. I bad to rob and ben
* part.* until they vent »orv, toovorcnir.o
. ... ..—* -* * -1 taken
... bad ft
rtnwK'i weaknert In my back ai.<l nruund ray
w.-ilit, together with on lmlp.«rtbftbl* 'pJM
feeling m my ntomoch. rbjzlcljm *aM it
woacrtepln; paraljrzla, from whlcb.accoro*
ilvt i il conclusion, there no
lag to their urih s
relief. Oncn It f t .tem noon n, pemon, they
nay, It con tin um in ueldiouepiogrua until
It reachmft vital point and tho sufferer alee.
Bach wa» tny pr<foj>*ct. I bad ixvn doctor-uj
ajrearaodahalfntcadlly,but with no par*
tlcular benefit, wbeo I h;i'v an advertisement
of Drlfllee* lleetoratlve Nervlm*. pfoeurrd a
bottle aod i ■ - mi uilng It ■
ir.iv • • ... I 'it if- . <i i)h l
every bit of that
py feeling hadloftr
1- if. Ira In though l had run down
fr ITOto 1.17. l our (.there hnvq um d Dr.
Mile*’ K< -toratlvo Nervlneo i my n-’>n *
datlon,uixlIt h t‘ '. • .» a-- i!i-f:i.’t..rv lnU.’ ll
, . ;i- |:i n. r.. I n-.' ' h i •’ I- * ‘ *
Dr. Miles’ iteetoratlve Nervine leeold by all
druindeta on a pmitive inamnu'", «»r ~-nt
din ct by tho Dr. Mile* Medical Co.. Hlkhart,
-f price, rl ikt 1 »>ttle. -'.x
paid. Hla free from
>r dangeruuli drli
w.
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