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Weekly
" ESTABLISH® 1826
SUPREME COURT OF GEORGIA
Render,d •rue.dar, D.cembor
” 2,1084.
|, P ecuiMJ , » I ‘ rl,T n. o- W**i**-1
„, VI. McBride, administrator.
'“' S jVfferou. Beloro Jud S e Car. ;
LS J 6tamtorl cou.imctton. I-riorliy. lean
"fSKe/Fj C *The ktatutaaot dlitriballon
J i3iKd til lection i W of tlio code, arc In
** ..St oontllot vclUathe atatutci providing
vYuoport u codified In aectlon 2571,
«* nolnt o« preference between a
-m'lVl for services in last ilckneii
P “J le^s'iupport fortho txrallr. Constru-
fo and eiamlnlng the orljtnal acti
c< t!rid'' That taasmuch as the years’ sup-
JA »a ctianre upon the eitate, with or whh
'“r'.lfminiiUTLtlon, and provision Is made for
22\wdns setapsrt irtthout any rcprcicuutlon
tffe ertate, it has preference over all
dffiu phvilelans’ bills for last slckuess in-
d °a'a 1 l/i'flnuter* forpTaintiir; PhUllps
Wynne, contra.
^o a et”l. C Voinc«tcadoifd b receWer?^foro
j^n?ov. n c?'J.-i tl tftiere an application
iinmertead and exemption by the
Sikwlth con.eut of the husband out of this
moDerty, and the cs-a la taken to the Superior
Eeurt iu i« totality, and it is agreed that a pro
Wttr.^* 1 a l . h 5.« Jiri-dietion to
eT 1 he whole case lu'ludiug an appUeatlon
$ reoclverto take charge of and aell the
property In excess of that appUed for under
ipction 203a el seq. of the code.
o'where the wife applies with the content
«f 2 the husband, in the reason and spirit of
theeVet ois, Ac 1. the applicant, a£d the
power to appoint a receiver of the excess-’
3 StTSupon*the^OTifit'atlon for homestesd,
snd not on lts fir.J 1 'adjudication, that the
ScelTer may bo appofnte.1, and tho creditors
amnot ilube delsyrd until tho homestead and
Memptlon are finally set apart.
v The o mrt does not ahnso Its discretion or
Vloisto law in granting a continuance on the
SSuStlon for homestead and exsmptlon and
mf appointing at once the receiver.
7 i Where noiiee was given the husbrnd^ and
on his
MACON. Km I DECEMBER 5, fos*4.
1 nol !doSin b« a wM made a nartv **fie had rendered these parties as bail, on _
'to*?fin“ Alien for"Si??e?.%c? i™! conditioned for his, appearance at the
M«K™5uu«. , „
«. No Miflicleut reason appears of record
autborlzo this court to set aside the Action
the court below. Judgment Affirmed.
P. II. •Brewster, Roan A Rosser, by A.
King, for plaintiff; T. W. Latham, contra.
Faircloth vs. the State. Retailing without 11
cense, from Emanuel. Criminal law. f-
Idonee. Sale ol liquor. Misdemeanors.
HXU.J.-1- The evidence as to the nat
2. A salt nf spirituous liquors in a store
msnsged and controlled by defendant was
■efficiently proved. It was not necessary
show that he owned the store.
(a) There litre uo accessories la mlsdemcan
era; all who participate tuereln are priori-
r j« t. PlBMftBW forplaJnUff;
B. L. Gamble, «ollcltor-*enernl, by Edward
Uuuter, contra.
Simmons ctal. vs. the SUte. Larceny from
the house, from Richmond. B« fore-Judgi
Rouey. Crimiusl law. Trior. Juror. Voi:
tire. Larceny from tho house.
IIall. J.-L Tho court below did not err in
refusing as trio* to propound, or to allow coun
cil to propoundth« following question* to a
Juror before the question* upon the voir dire
had been atked
Smith vs. Hainc ct al. Certiorari, from Bar
tow. Before Judge Pain. Interrogatories.
Promissory notes. Evidence. Ameudmont,
Mali., J.— 1. While interrogatories should bo
filed in a Justice’s Court tiveilays after service
of notice, beforo commission Issues, it appears
in this case that the Interrogatories objected
to were so filed and that no cros.vinterroga
torics wore presented thereto until after th
expiration of that time.
■ .... a. —. 2. It is true that where a note does not sped-
per publications? tr the time of maturity it should not draw in-
£ Haw you any prejudice or bin resting terest before demand for payment or suit
on your mind as to either of the prisoners at ' ----- •- -
h j . Has your Judgment been formed or made
op as to either of tne prisoners at the bar, from
either tho statement of persons who were
-j your mlud as to either of the prisoners
the t>ar, from cither the sUtement of those
who wore prete t or from rumors, reports, or
newspaper public tlons?”
No evidence having been first produ<
witness to si>ow the furor incompetent.
(a) Under our ijstem aa to the selection and
qualifications of Jurors nnfl the statutes of the
butt on the subject, tho course pursued by
the Judge was tne only proper one. Code 517i.
(b) As to the objections incvllled In section
4G»lof the code tne Jar -- -If ls acompe-
as are a-it rtaiued by^tls e
u ui» voir tilrt t. the Juror cannot be made to
? ,*.ch hi, Own answers to the question*
may not sna spontw ask fur her questions, or
that the statutory question* may not be so
varied as to make them thoroughly Intelligible
to the Juror. Code4fl82; 0 Go. 121,127; 21 lb
227, 230. 217: 83 lb. <73; M lb. 373, 401; fl5 lb. U
21 Ua. 230,225.
2. ! he court did not err In refusing to in
struct tbe panel, that if tnclr Judgmeuta had
been formed or made up as abovo stated, that
would constitute such bias as the law means.
Nothing waa sh wn to Justify tbe assumption,
watch the request seemed to imply, that tbe
pam 1 was composed of other than intelligent
and uprUhtJnen, who would truthfully and
ur.-lerstandingly respond to the question*
propounded to ascertain, their fitness to
3. l he theft o* money from a satchel tempo
rarily deposited by Its custodian on the coun
ter of e bank, was larceny from tbe house
under our law, although tho custodian of the
satchel was near at hand, and the house was
not owned or occupied as a place of business
by such c istodtau or the owner of the money.
Code*4413, 4114, 4415. 4118, 4117; 10 Oa. 9iU,
M (I*. 24i>,
(a) Larceny from the house Is not an
» lufct the habitation but an oirenso against
property. Code, Dlvi. 5 ‘ ‘
Tit 1; 4U Ua. 217,218; 48 Ua. 505.
’ 4 The verdict was demanded by the evi
aence.-
.Juilyincnt affirmed. M. P. Carroll, Twiggs
A\ordery for plalntlflk; Boykin Wright, so-
Idtor general, u. Claj Foster contra.
Bell rs. the 8tate. Burglary,
Before Judge Falu
Bam; J.—The evidence was quite sufficient
in this case to corroborate the statement of
the accomplice of plaintiffiin error, and to de-
man 1 the verdict Code 3755: M Ca. 108, no,
finned :<j7 * 4l3 » 627 i M S& Judgmental-
Urahaa A Graham, for plalnUff; J. W. liar
Jr., sollcitor-gcucral, by It. B. Trlppe,
Contra.
Robinson vs. Wilkins. Ejectment, from
Burke. Before Judge Roney. Alimony.
•Jiomestcad. Bee adjudlcata. I’ra« tice.
luix. J.-l. One against whom at tbe Instance
or hia wife a decree for total divorce and ali
mony has been rendered, cannot after marry
lug a second time have a home stead set apa: 1
for himself and second wife as against tbe fin
a He’s claim for alimony.
3. Where land, attempted to be ao set apart
was levied on under the execution for ali
mony and a bill filed by the husband to cn-
Join the sale setting up tho homestead, and af
ter hearing on the bill tbe questions made
were decided against complainant, from
which deeli
force.
> took no app
■faint the purchaser. A plea wuHHR
ting up the former adjudication referred to,
Which pica the court properly refused to
the case proceeded, ana defendant’s!
counsel having read to the court the record of
I the proceeding, plead In bar, raovul to dls-i
miss PUintlff-■ action, which motion whh
bun d and plaintiff excepted.
ib id.That wh.le the action of the court
was improper, it being his duty to submit the
* t'‘tothe Jury with directions, under the
I • > ttujM and evidence, yet os tho result
reach* -l was tbe Inevitable le-
gal ti - tilt we will not Interfere. Code 218,
«*»»; TJUx 838,830. l’itlnUt! did not contro-f
vert the facts IsvolvM In tbe lssne, did not
require them to hqsnbmitted to the Jury, and
by hU failure to object). In the determination
by therourt-tLougU he dissented from the
conclua'ons icsci vl.
F. w. Capers. Jr^ If. Cnmmlngs, lor plain-
». U K. W. i'alm.T, I*. F. Johnson. • ^.trn.
Stewart vs. Etewart. Ejectment, from Rich
mond. Before Judge Roney. Year's sun-i
port. Appraisers. Desertion.
Ham, J.—1. A widow without a minor child,
oramln*»r child or minor cblldren, where
there is no widow, can have set apart a year s
ruj iort. 7 ” .
? » k*-n if it wi re true that the order of the
ordinary to the appraisers appointed. to set |
that the statute, by Us expre*-..
“It th, irdntyt r apart the w
tni" f.-r ti rtl.it- • hi., and
ibTi. judgment affirmed.
J. 1*. Verderv, W. If. Flemlni
U I i . r . ••
of adultery, It Is not necessary to set
race of each of them. Code 4334,407
(a) The only diflercnco in the two sections
cited is as to a method of preventing and sus
pending tho prosecution, slnco marriage i can
not be lawfully solemnised between persona
of the two races.
The distinction made as set forth in sections
i'.:u and 4072 ts obsolete and lias no existence
either in reason or law and tk# latter section
should have been omitted from the code; this
not having been done it should bo repealed
See also code 4702; 40 Ga. 230. 221; G8 Ua. 832
Judgment affirmed.
\Tf. Poihlll, Edward Hunter for plaintiff;
r to set forth the
8asser et al. v*. McDan el, Governor. Forfeit
ure of recognizance, from Bcrlven. Before
Judge Carswell. Pleading. Recognizance,
Affidavit. Warrant.
Hall, J.—L Pleadings should state facts And
not mere conclusions of law, and unless this
is dons they are fatally defective.
(a) Hence for cause shown by ball why _
recognizance should not be finally forfeited,
objections that the warrant on which there*
cognizance was founded was Illegal in that
it Bad no affidavit sufficient In law to support
It; and that the warrant describe 1 noofleuse
poarancc of tbe principal at the Superior Court
of Scrlven county, and hence its condition haa
uever been broken, were of too general and
indefinite character to be considered.
2. It is i ot necessary in an affidavit for as
sault w ilh intent to murder to specify that the
assault was made with a weapon likely gm
produce death. Code 4;15.
3. it is doubtful under section 4715 of the
codo whether warrant issuing on affidavit
must specify tbe person on whom the assault
was made; but lu this case the affidavit specl
ties the person, and there was enough in tho
warrant to identify the affidavit on^whl ’• '*
Issued. •
4. Tbe recognizance did not mention tho
court to which it was returnable as plainly as
it might havo done, but tbe preliminary pro
ceedings show (which It was agreed tha court
below might iuspect and pass on), that no
other than the term of the Superior Court next
and brought before the magistrate, waived au
examination, aud the magistrate entered this
fact on the warrant and ordered that inasmuch
... commencement of
RH Iconnty to answer ssid
charge, that be be discharged from fur
ther custody; this order and the recognizance
which shows on its face It was executed In
that county, both boro tho samedato and
were taken, algned and attested by tbe same
Hence we must hold that the term of the
couitto which the rcosuizance was returua-|
b:e, does sufficiently appear. Judgment
affirmed.
Hobby A Matthews, by Harrison A Peeples,
for plaintiff; H. L. Gamble, Jr., solicitor gesd
eras, by Edward Hunter, contra.
Ivvorthlngham vs. Western and Atlantic Rail-
nroad company. Certiorari, from Bartowi
Before Judge Fain. Record. Bill of excep
tions. , |
Hall, J.—\ An order in the rocord suatsinL
tiorari, generally, must control a
t In the bill of exceptions, as to tho
orsuatiluir--** “
2. The court <1M n
giving a new trial
Judgment affirmed.
thereon, but in this esse the excess in tho
diet was corrected to correspond with tho de
mand made, and the rate of interest specified
in the note suod was calculated and carried
Into judgment from the time when suit was
commenced. .
3. A letter from a Joint maker of a note sued
on, admitting hls’jolnt liability and throwing
the bka>oe for failure to pay It on his co defen
dant, was properly admitted. It is
evident from it that tbe credit would
not hiij been extended unless
both drfc.rAnU ba-l signed the note and tho
fact iha! tho party writing the letter was secu
rity for the other defendant is immaterial so
far as concerns his liability to plaintiff, who,
. . -jj or -x..
E scribed by statute. The untnithfulness of iucetns.hasdone nothlng to'relievo hlrn of his
■ replies may be shown by other evidence, liability a
(c) It is not mciht to hold that the J«d*c - —
There was no Issue by plan as to who co! ■
posed tho firm. Code 8486, Judgment ro-
' John W. Akin, for plaintiff; M K. Stanscll
contra.
[arrlson, executor, vs. Augusta Fat
Complaint for land, fnm Richmond. Be
fore Judge Roney. Dedication. Prescrip
tion. Boundaries.
P Blasdford, J.-l. The facts In this esse
show that the owner of the land in question
published a map of the lota and streets and
actually sold the same to those from v- w —
the defendant purchased.
The presumption is that the owner of the
land dedicated the street* to the public and if
the streets be diverted from tho purposes
designated by building a house on tho same,
the original owner will not be authorized to
■ue for the land so diverted. Tho title to the
land la in the public. If tbe itreet bo aban
doned by the public prime facie tbe reversion
would be in the owner of tbe abutting lots,
unless the grantor had in express terms re
served tho right to himself lu his deed con-f
veyInc the lots or in his set of dedication. 4*
Gi> SJ2; 15 John? 4*7; S Maas. 454; 10 Pet. 25; I
How. 155:26 Ga. 671; 6 East, 151: Barr. i«;l
Pet. 501; 8 B. Mon. 236; 1 Ohio St. 478. lJ
■We have becnaaked to review and reverso
He case in 45 Ua. 842, but we are satisfied with
that decision and retffirm tho same.
2. For over nineteen years defendant ap
pear* to have been in uninterrupted posaes-|
\v‘. w! Montgomery, Barnes A Camming, for
plaintiff; Wo. E. Jackson, contra.
Granado vs. J_L. A W. M. Hardaway. Case,
from McDuffie, Beforo Judge Roney. Con
tract. Tort. Action. Piivlty. Pledge. Ex
•cation.
Hall, J.-l, Where a tl. la. pledged
collateral iccurity, and tho pledge recriTcd
payment whllo tho execution was iu hi. hand,
andAtbiequcntly returned it to the plaintiff.
In It. fawllhout enuring thert.m tho payment,
and Alio It. la. wai transferred by tho plaintiff.
In It. la and the eolleetl n ol tho execution In
tho hand, ol tho tramferee wa« defeated by
the defendant in fl. fa. lotting op tho paymout
mantumad. such transferee could not asnln-i
such entry for waut of privity betj
pledgee and transferee. I
, While no privity u necessary to support an
action for a tort which remlu from a direct
Invasion of some legal right of the party com-1
plaining, or the 1- fraction of a public duty by
which special damage accrues to him, coda
2*51, vet, If the tort results from the vlola'iou
of a duty which is itself the consequence of a
contract then the right of a tlon Is confined
to the parties and pmles to that coni* act,
except In cas s where the party would have
bat a right of action for the Injury dona lnde-[
pendent of tha contract, code 2M.
The Injury which p’alntiff in the present
I action sustained, if any, result* from the
contract of transfer of the fi fa and flows di
rectly from the breach of duty it imposes. His
right of action la ag«tnst the assignor of the fi
ifAtWho should have known it was paid.
I we are authorized to infer that when the
pledgee turned over the fl fa to the plaintiffs
n fi Ta it was with a full account of what bal
been done as to payment —they bad no
ST*?,,, «°o'‘ 3, Urt£
ming, tor pUintlT;
right to make an entry of payment on the fl.
fa, though it was the undoubted duty of the
InUffii in fl, fa. to do so, which tho pledgee
the right to presume they wookfdo. 49
Os.. 206.2W. Judgment affirmed.
W. D. Tntt, W. M. * M. F. Reese, for plain-
tiff; Tnomaa K. Watson. B. M. Gross, vontra.
Spencer etaLva. Peek, administrator. Motion
to enter judgment, from Bartow. Before
Judge Fain. Courts. Records. Amend
ments.
. BLAxoroan. J —I. All courts of general
Jurisdiction have power to complete and
•mend their records so as to raako them
•~mk the truth. This Is especially true
this state, and waa tha doctrine of the
B imon Law. Code, me. 206: is O*., 287; 1
1,7; 58GA..W; 840^541; 2
2. What may be the legal effect of the jndg-
m-nt as eatored in this cast is not before ns.
Judgment affirmed.
> r-. Tumlin, J. B. Conyers, W. K. Moore,
Western Union Telegraph Company vs. Co
hen. Complaint, from City Court of Rich
mond county. Before Judge Eve. Dam-
nges. Negligence. Telegraph Companies.
Dlandfokd, J.—1. If a telegraph company
receives a message for transmission and does
transmit it it is answerable tothe sender for
damage caused by failure to transmit cor
rectly.
An intervening cause, such as a sudden
storm or natural disturbance, might excuse
non-transmission, or failure io transmit cor
rectly, if the company could show that it could
not know and ascertain whether the message
had been properly sent or not.
Generally such companies have the means
to know or ascertain whether a message s nt
has been altered or changed in its transmis
sion, and (hey must at their peril see to It that
all messages are cent and delivered without
alteration or chance.
2. While some errors were committed by
the judge in bis charge, yet tbe verdict was
demanded by tbe evidence aud the Judgment
U affirmed.*
Hlgby & Dorsey, Foster A Lamar, for plgln-
till'; c. H. Cohen, contra.
Johansen vs. Taner, Cashla A Co. Refusal of
iujuuctton, from Richmond. Before Judge
Honey. Equity. Pleadings. Dismissal of
bill.
Blandfohd, J.—When a court of oquitv sus
tains a demurrer to au original bill anu dis
misses su< h bill, tbo effect of such ruling is to
not only put the original bill, but all plea !L.gs
founded tbercon by answer o. cross bill like
wist out of court. Judgment reversed.
A. Brandt for plaintiff; T. H. Miller
2. Where the evidence on such a case is
close, the charge of the court should carefully
state tho law aa fully aud explicitly on out
side as the other, and the law should i-e ap
plied hypothetically to tho facts in the cate.
It does not appear that this was douo In this
case, aad we are s&ilsfiod justice demands a
new trial Judgment reversed.
Alexander A Wright, Und» rwoed A Rowell,
Wright, Mey»-rharut & Wright, fo. plaintiff;
Dabney A Fouche, C. N. Feath r»ton, J. H
Reese, J. A. Billups, contra.
Mercler vs. Copelan. Complaint, from City
Court of Richmond county. Before Judge-
Eve. Princl pal and agent. Letter of credit.
Customary dealing. Estoppel. Evidence
Hall. J.—l. The principal is not bound by
acts of his agent In excess of the ><geut‘s au
thority, but if the agent exceed his authority
the principal cannot ratify lu part and repu
diate in part; he mnst either adopt tbe whole
ot uone. Code 2101.
2. WRero oud gave a letter of credit to an
other whereby he engaged to bo”or drafts
drawn by him for cotton purchased at rulhw
market price, with bills of lading attached,
snd the plaiutiff iu the court below advsne- d
to csi i accredited agent mouey to buy cotton
wl h, said cotton being s-.-ut to qmncipu', tax
ing therefor sixteen drafts on tho prin
cipal, and fourteen of these drain
wero paid notwithstanding tho idilv
of lading were not attached: other Unfit
also paid though uo bills of ladiui
VOLUME LIX—NT), l.
Peacock vs. Dowecse. Refusal of injunction,
from Bart »w. Before Judge Fain. Contracts.
Equity. Specific performance.
I. A court of equity will not decree specific
performance of a voluntary or "ratuitous con-
ract. Code 8180.
Besides, tbe contract in tills case is not mu
tual aud binding on all tbe parties thereto.
Plaintiff in error may comply at his option,
and there is nothing iu tno writing binding
him to do anything for defendants ia error.
Such a contract can uot be specifically enforced
In equl y. Code 3100,2739,2744. Judgment af-
J. B. Copjera, John W. Aiken, plainliff. So
appearance contra.
Ewing A Gaines vs. Trlppe A Co. Complaint,
from Bartow. Before Judge Fain. Partner
ships. Dissolution. Notice.
Blandfokd, J.—l. When ono person allows
-nutberto use his name iu any business he- is
estopped from denylng*hls authority, aud uu
til notice of a dissolution Is given, the public,
who has no knowledge thereof; may treat the
firm as in existence, and a noto given by one ing
member of sue a firm Is binding upon all the
other members, notwithstanding such disso-
As between tho partners themselves such
dissolution is a revocation of the authority of
each to act for the others. 1 Lind, on Part.,
407; l Brock. 33; 28 Iowa, 533 11 B. Mon. 118; 21
Vt. 278; 2> Grat. 822:67 111. 106; 68 N- Y. 814: “
_ idiug _
tached, aud plaintiff advauecd farther to t<
age-ut the sum of I’tOO to purchase cotton, foi
which amount the azeut drew on hit prlucl-
contra, pal, but failing fo use the money or p
*U In ‘ J
portion of V. In that way, returned fljLO to
plaintiff, who paid it In a check which waa
forwarded'to the principal by hU agrut.
and tbe draft when presented wan paid, and
ault was brought by plaintiff against the prin
cipal on tbo two drafts loft unpaf'* “ * '
which payment was refused, raid d.«... Ul .,-
ing been present* d with bills ofladlng jU-
NEWS IN THE STATES.
ELECTION FRAUDS discussed by the
IROQUOIS CLUB.
Rnnd of D't P' radoos Arm
selvoann i Defy the Law—Car,i
Deprassion In Business-
Minor Items of Interest.
V l. no-, -» VJI»V. VI 1*1. iW,
Ind. 215; 67 Pa. 8t, 185; fl Johnson 144; 10 B.
Mon. 855; 28 Ala. 289.
(a) If a known partner retires and no notice
Is given he will be ilsble In respect to a prom
issory note made sluce his retirement by bt^
late partner, though the payee had no deal
ings with tho firm before the making of the
note. 1 Llud. on Part. 407 ; 3 Esp. 248; 2 Stark.
290; 2 Chltty 120; 2 C. and P. 101. Judgment
ravened.
J. W. Akin for plaintiff; M. R. Btansell con-
a.
Pyroluslto Manufacturing Company vs. Ward.
Attachment, from Bartow. B.xore Judge
Fain. Constitutional law.
BLAXoroao, J.—l. Our law granting the
right of attachment against a uon-rcrident
debtor is not In conflict with section 2. article
4 of tbe constitution of the Uultcd States, oi
the fourteenth amendment to said constitu
tion. Cooley’a Con. Lim. 402; 1 Black 286.
2. Attachment being founded on a debt due
by account, the court did rlgly. to submit the
case to a Jury, though the proof of the accounl
as In writing. Judgment affirmed.
J. W. Akin for plaiutiff; Graham A Foute
contra.
oarJen va. cit. m ..Mill
Morgan- Before Judge Lawron, Municipal
Corporations. Charter Ordinances.
BLAXoroan, J.—1. Ordinances of a munici
pal corporation not In conflict with its charter
nor tbe constitution of the State or United
states or tho laws of the land, hi ** '
of laws. 18 Ua 183: 12 Minn. 41:
433; Dill on Mun. Corp. 306 (245). , .
2. An ordinance forbidding boys snd other
persons unconnected with railroad trains, ex
cept passengers from getting off or on engines
or csrs at the depot or elsewhere in the limits
of Madison, Is a reasonable and uniform ordi
nance and a quite proper one.
We are not to presume that the ordinance
would be aivecsoiHMeasonabMaconi'.rucrtert
£35
object.
3. Tbe ordinance Is within the powers grant
ed by defendant’s charter. Acta of 1866 p. 284
acts of 1830 p. 211
McHenry A McHenry, F. C. Foster. W. R,
Muatln, 11 W. Baldwin and J. II. Holland, for
plaintiff; Calvin George, contra.
Crawford ct al, vs. Wallace. Equity, from
Burke. Before J dge Roney. Equity. Con
tract Remedy at Law.
Blaxdvord, J.-A bill alleging that J. was a
tenant of W.; that J. is insolvent; that while
J. was tho tenant of W. complainant sold him
a horse for L'-Wpounds of lint cotton, which
J. auil W. agreed should bo paid out oi the crop
rasde by J. next to rent; that J. made more
cotton than waa necessary to pay hla rent, bnt f ^
the excess was appropriated to a debt duo said breast. Dick hsd a gun loaded lying oi. the
W., was not without equity, and^while I think ground near him (a single-barrel sliot-gun).
tho remedy at law sufficient, I yield to the - ** * ■
opinion of my associates that a court of equity
lathe proper form for complainant. Judg
ment affirmed.
II. R. W. Palmer, for plaintiff; R. O. Lovett,
contra.
Henderson vs. Central railroad. Case, from
Bcrlven. Before Judge Carswell. Amend
ment. Evidence. Non-suit.
BLANDroRD, J.—1. 1'UlntKrs original decla
ration claimed damage from dt-fen ant by
reason of his having fallen In a well sfloated
on the right of way of d fendaut aud which
had been carelessly left open and unguarded,
plaintiff proposed to amend by (Ulegingthat
tbe well was on the land of plalnUff. and that
defendant entered on plaintiff's land without
his knowledge and conseut, and cut away tbe
c^euble guards and protecUon around the
Two amendment was nmnarly re looted by
the court, it Introduced a new cause of ac
tion.
Besides th.' rejection of the amendment did
not hurt the plaintiff. Tbe same testimony
was admlitcd as would have been admissible
if tbe amendment bail been allowed. Tbe
amendment ras wholly«innece*sary and tin-
2. Plaintiff while being examined was
shown a ticket or free pass purporting to havo
been issued to him by defendant as Tla ag» nt
and stated that ho rodo on tbe »&me the night
tbe accident occurred. The ticket or pasa not
befog introduced in evidence, plaintiff's coun
sel moved to rule out his evidence as to the
same. Tbe motion was properly overruled.
The evidence was an admission by plaintiff
against hlmssIf, and waa pertinent to the li
the same'testimony was introduced us on the
former trial reviewed by this court at Its Sep
tember term. 1882, «0 Ua. 715, and the princl-
p cs there laid down control the case in favor
of defendant. Judgment affirmed
Black A Dell, Uook A Montgomoi
plaintiff;-A. K. Lawton, Jackson A
contra.
Brigham vs. Port Royal and Augusta Railway
Company. Appeal, from Richmond. Be
fore Judge Roney. Garnishment. Service.
Domestic gpiporatlons.
]li.AMti ur.n t j.- Service of garnishment on
-domestic corporation must be made on It*
pres dent, if he reside in tala state, ami can
not be ma le on a subordinate officer or agent,
tho:i„h the president be temporarily absent.
60 Ua. M2. Defendant in error is a domestic
corporation. Griffin vs. rort Royal and Au- ,
K u Railway Company, February term, suit* If It «an be
J. Judgment affirmed. puts In a plea for a
F. W. Caper, Jr. t for plaintiff! W. K. Miller, I m ' '
contra.
Wilcox, Gibbs A Co, vs. Aron. Complaint,
from Emanuel. Beforei Judge Carswell.
JUSSTKakSoBSS a
“w Mildrim™. a. Potter, tor p'xlntiff; w.
* Urlnfiton, coDtre.
Pur ti. th. SUO*. Aiwolt with Intrat to Bor
der. from Richmond. Before Jodfo Rone,.
ULxxoroxD, J.-Tho Chmnre ot th. court wu
not immemu »od there wu erldcnc. to in^
Uin th. rerdlct, end the Undid, that th. nun.
of th. pereon entered u nroMcutor on th. blU
of Indictment wu properijr ao entered. Jud,-
Irom Floyd. Before Judfe Pottle. Wills.
Chute of thiConrt. Onu*.
BuxDroap. J.-l. A ehute thxt "When.
Jury th*t the perron rneklnt llhx-l le M i «•
paclty to make It, that It waa freely and volun
tarily mad*, that it Is a fair and legal expres
sion of tha intention, the burden of proof is on
the person offering IL white correct aa far as _!
ft went, did not go far enough. Tho court Cole, mini
should have added; “When propounder ‘
showed the testamentary capacity * *—
rafts hav
ing bei
ached.
Held: That plaintiff was under noduty, if
indeed he had the right, to inquire into the
state of accounts between the principal and
agent; tbatthcru wasasubstMUtialeoraplmni-e
with the terms cf tbo letter of credit by at
taching copies of the bills of ladl -gtothc
Jasf-m- Dtioncd draft.**, and even if this were
so, the principal by the course of dealing be
tween the parties waived the condition lu rite
letter of credit as to attaching Mil of lading,
especially aa no previous notice had been
given hint of an iutentlou or purpose.t-i
change the course of dealing uader tbo
contract. Code 3753,2965 and citations.
(a) Independently of thi*. the acceptauce of
the various consignments by the defendant
raised a promise to pay these drafts, tnere be
ing no dispute that they weru drawn on 0*6ou
received by him without undertaking so to do-
57 ua., 363.
3. Books of the defendant offered to show the
state of his account with bis agent were prop
erly rejected. As to plaintiff, these trauMic
tions were fcs inter uIIhs acta, and a» to him
were nothing more than hearaav. Bealdea no
sufficient fouddation waa laid for tbeir intro-
ductlou. Code 3778, 61 G*., 243. Aud the
facta sought to be proved were
established by higher aud bet-er evidence,
vis, tbe recollection of a witness—cognisant
ot the facta. 18 Ca. 093,695,696.
4. The letter of credit being set forth ac
cording to IU effect in plaintiffs declaration.
It was not necessary to attach to the same a
copy thereof. 65 Ga. 717.
5. Grounds of objection to evidence must
be stated when objection is made otherwise'
they will not be considered here. Judgment
affirmed.
J. 8. A W. T. Davidson, for plaintiff; Harper
A Bra, for defendant.
ST. MIRYS MATTER®.
Tho Killing on Cumberland Island- ^at-
tlculnra of tho Homioido—Trial, Etc.
8t. Marts, November 27.—To comply with
yoar request for items of Interest from differ
cut sections of the Ststf, I will try to give you
a short account of tho recent killing of young
Dick Fader, on Cumberland Island, by a man
named Wallace. Tbe cate baa been occupy
ing some days ol tho present term of our Su
perior Court, which has been in session this
week. Lato Sunday evening, the 23d Instant,
a tall, light-complexloned man, with heavy
black beard, case hero from tho Island, ask
ing lor an officer to give himself up to, s tying
ho had killed a man oi Cumberland Island lu
self-defense, after being shot at several Umea
Monday morning Captain George Fad^r, one
of tie Brunswick pilots, kud the fa'bc-r of
Richard, made his appearance and gar<- a dif
—■— rer^* tutor-
IP . ry Tuesday
morning Tbs grand jury found a true bill
against Wallace for murder.
The substance of evidence gathered wa 9 _
young German lad employed about the house
and yard of George Fadr- — *
r ^
Itxlcqrapiieo to the associated press,]
Chicago, December 3.—Tho Iroquois Club,
which embraces iu its membership promi-
ue t Democrats of this city, after a discussion
of the s-ippofcd ballot fra .ds Iu the eighteenth
ward of this city, adopted the following reso
lutions:
“The members of tbe Iroquois Club have
noted with deep concern the developments at
tending tho Senatorial content in the Sixth
district of this State They feel warranted In
declaring that odheeded facta iu relation
th<*ntoa r e such as to r«I*e a strong presump
tion that an attempt bts been made by gross
fraud, in the suppo ed interest of the Demo
crntlc tuLdidate, to fa’tdfy the return of the
votes actually cast in onej>recluct of that dis
trict and to reverso the decision of the elec
tors th*r.-of, as expressed at tho polls. Such
nu outrage upou the purity of the ballot mer-
i s and must receive from gooi cltUena
• *f all parties uauglit but the aeven st coudeu-
n -tion, and every exertion should be made to
bring the pefrpetrauira to ju-tice; nr*r should
uuy soup sad advantage fr m its perpetration
be availed of; it is therefore,
“R* solved, That th members of this club
demand that the prosecuting officers, both
State and Federal, rpare no eff »rt to ascertain
the truth aa to the dbhonest and fraudulent
conduct charged agklnst officers of the late
election lu the second precinct of the eigh
teenth ward in this city, and others implicated
thfreiu, and also to exert every leglmate
means to bring tho«e who are guilty to Justice.
■ gol ihtlr p.rtr «Slll»tlon..mlol
FROM ATLANTA.
THE NORTH GEORGIA CONFERENCE.
Tho Electoral Colfogo—Tha Presidential ' pOC
Elector j in Suasion—The Vote of
Ceoryilii C<ist-Proct»ed<ng«. •’ ktl
Iepecl^l connEsroxDKxcE.l ® 1<3cr
1 Ocon
Atlanta, December Just beforo high Q„ni
noon today the Presidential electors filed wint
Into the hall ot the House of Represcnta- ! m m
tives and took scats in front of the Speaker's
desk. The floor and the gallery of the House
wore well filled with spectator*.
lion. George N. Lester took the chair and
asked the secretary. Mr. Harrison, to call **o
roll to see If all were present. Every elector
answered to his name.
non. Joel A. Billups, moved (he appoint
ment of a committee of three to notify tho
Governor that the elector* were in session and
ready to cast tho vote of Georgia. The motion
itmer.ts that Have bee - f0r
the Next Year.
“* 1>. i n-fifiinj
Athens First cliurcli a. j. j, rroU .
tSirect church and t Athcns-J. w.
ii. Atlien circuit—J. J. k. Kenney!
ville—It. A. Scale. 55 ;t(kinsvIIIo J. V.
Wash
ington—W. If. La Prado. Lit!'.
K ' -c. B I ' lit I 1 I J i V 1‘ I .1. W.'r
ferson— I'. Hughey. Hanno
'■ i ■ v mi lull I* ...
«•;] jnift.s o:i -J. j. Morgan. Unco
Langford. JugTavcrn-J. B. Aik
Atlant i district—II. H. Park-* i
<!cr Atlanta l ir-t < In,,, ii -\\\ |
■I. .-’Oolt J upc. nilm i irv. ,
« I. .pi . 1. K Kmc! ill. W M . f,
Simmon, Buncrnuiucrary. Kvans
T. Lowe. I’ayne's chapel—J. 1
i-t’!i 1 li roll -!: 1 ; ' : • i 1
,f T ‘ ley. SL I'liul'i—J, m. White,
• Watkins,
•ny Orove-
I'h-.pcl-
artv i
t a In i
fleers in all their ef-
. ■ let, Jr. (whose house
was quite near where Wallace was living),
hearing tbe report of a gun, looked out of tbu
window of the kitchen, saw the smoko of the
gun, snd saw Wallace with a rifle at bis shoul
der, and saw Dick Fader forty or fifty yards
from Wallace, and Dick was running down
tho road from Wall, ce, who fired again twice
in quick succession, without taking tho rifle
from his shoulder; and t iu saw Dick fall.
The rifle was a Winchester (breach loader).
Tho boy ran quickly after Captain Fader, who
was a half mile away, and informed him of iL
Captain Fader came, found his son with a
bullet ho’.o through his body, entering near
tbo shoulder blade, and coming out of tbe
ground near him (a single-barrel shot-gun)
Ho was not dead, but died loon site being
carried b.-me. Ho said beforo he died that tu
tor > lrds to leed a cat and pet
on the pilot b.»at, as he had bven
doing every day for some tlmo previously. He
saw a bird in a tree, and was slipping up to
get a shot, when he heard a gun fire,
aud tbe bird flew away. Upon looking
up. ho saw Wallace volutin* a guu at
him, aud be ran; he heard auoibt-r report, and
beard the bullet whistle past bit head, and at
tho third shot he fell. Ho said be had uot
shot ofl his gun that day. Wallace's account
was that ho w»s sitting in his porch, and Dick
fired at him first and then ran, reloading bis
gun as ho ran. The firing of the threw rifle
shots and result is not denied by Wallace
Dick Fader was about 13 years old and was
said to be rather wild, but not disposed to ha in
anyono aud without msllt-c, but he loved to
tease Wallace because be thought Wallace
was afraid of bim, which was said to be true.
Wallace baa been well known about Siuu*
w’ck for several hears and baa tbe reputation
of being a quiet and lnoffenalve man. lie
says be borrowed tbe Winchester two • ays be
fore tbo killing fer the “ostensible pu pose” o!
killing a bog for Mr. Fader, Jr., os bo waa
working for and boarding at the bouse of Ueo.
Fader, Jr. Tbe court has boon on tbe case all
day. and la now going on with it Into tbe
night Tbe Jury may possibly have tbe case
in charge before morning, and if tbe verdict ia
rendered before mail closes will add result.
The grand jury was discharged this after
noon after making their presentments as
usual. It seems they have Been hard at work,
and almost In vain, endeavoring to pnta check
on tbe too common practice ol ilkgal v< tlng.
Some of tbe precincts com in a large number
of Illegal voters who are brought into
oountv from other States early in tbe yac. „
work In tho turpentine firms. _The!r uamet
never appear on the tax "
and managers are their .
don’t want to Insult them with a challenge
If a committee endeavors to pick out the
names of voters whose names are not in the di
gest, or of thoso whose naxmsaraon this insol
vent list, they find an Impediment In the un
intelligible ust of voters, the ebanw-ter of
which wou!d make Horaco Greeley blush, and
■caccelyono name In fifty on the three lists
correspond so as to be identlfi d with each
other, except by number, and rarely so a* to
8 EE PI NO REDUCTION IN WAGES.
The Eff jot of a O-nernl Depression In
Business
Tr.I.roRAPHRI) TO THE A880CIATBD PR]
’Pittsbuko. December 8.—The workmen
employed in the ironworks of Jones A Laugh*
Uu, numbering between 800 and 1,000, who re
ceived notice of ten per cent, reduction in
their wages, t » take effect next Monday, have
decided to accept. Tbe laborers at the Cres
cent Steel Works, who were reduced from
11.25 to$' per day, have also accepted. Unless
trade itnprov ■ Iu the nex forte lit ht, a gen
eral utiNpenslou will probably be ordered by
Carnegie Bros. A Co. in ihelr numerous mills
and q'tarr t-s. This would throw COO men out
of employment.
PtTTSBuao, Pa., December 8.—The Lucy
Furnace Company, employing several hun
dred men, this afternoon posted a notice of l
reduction in wages of 12% per cent, to go Into
effect at ouce.
TUP. DEPBESSIOX IX Till IRON TRADE.
Philadedpiiia, December 3.—A dispatch
from L titou »uys that the Ulendon Iron Com
pany h .s shipped l.ii iron ibis year than it
nn* any year for several years, aud coutinue to
ship less as the present yesr draws to a dose.
“ this time he roiupany baa over 20,000 tons
pig iron in heaps upon Its premise*, and
dess there Is a big demand bf fore long. It is
probable tbe greater nart of It will remain till
next spring. Most of this iron is of the bes
brand, but still there is no sale for it at tbe
prices offered. The compauy has a Urge
lock of o c, coal and limestone
ou hand and is constant!v Increasing Its stock.
B fore t'ie end of tho present week No. 1 fur
nace will ba e to lie blown out. Tbe blast
was taken off last ltishL Tbe reduction of
about 6 per cent. In the wages of puddle' a and
others employed in the roiling ««Ulsofthls
city last Monday wa*made m accordance with
ibc scale o wages adopted Jn July, 1880k At a
conference betweeu tbe wort men and their
ployer*. ThU scale, said Secretary Swauk,
of the J no riven Iron aud S eel Association,
S roviled that when tbe selling price of bar
-on should be 3 cents per- iound the total
prl'-epal. fr puddling should be taper ton
and, that with every advance in price of oue-
tenth of a cent pe< pound the price paid for
puddling should be lucreased 10 ceuta per ton.
LAWLESSNE& IN KENTUCKY.
Armed Bar da O ga z il to Prevent tho
Trial of n Criminal.
IrCLCORAPHED TO TUB ASSOCIATED PRESS,
Louisvillb, Ky., December 3.—A Courier-
Journal correspondent at Barbourville, Ky.,
1 arned from a couple of lawyers who have
just returned from Wbitcsburg, Letcher
county, tbe particulars ot a state ot war pre-
v riling there. A man was to be tried tor mur
der, was out on ball and his friends dtte •
mined he should not be punDhed. Tha case
was let for la t Wednesday, and on that day
tha accused came marching Into town carry
ing a double-barrelled shotgun and a belt full
of revolver*, fo lowed by a scon of his friends
armed to the le t.. Theta were al
most Immediately followed by anotner
crowd ot the mme size, both carrying shot
gun-* and pis ola. The latter company was
composed ot friends f th victim, who cn-
comi* on a btoffovertooklng aud command
ing the town Mdtetime, a third band, com-
p • » d of rlttzeiis who thought tbe law should
be allowed to ta e Ita way and tbe peace b*
preserved, even If they had to kill every des
perado in the county io secure that end. or
ganized, armed themselves aud went on duty
to stay uutil after tne court had adjourned,
-and* composed of the friends of tbe mur
dered man a«dof ibrze of his murderer are
w.itchitiR each other closely, one to keep the
ot er Iu town and tbe other to keep their foes
out, white the citizens' baud stanus “ready to
attempt to • lean out” the entire party whe:
trouble btgin'
• iiucr. uj uuuiirtfi iiiu iim; mu mm io
identify tbe voters wbo could ev. r swear that
“g-ms goo n" was intended to mean James
Johnson, as was discovered alter much rime
aud DAticnce was exDonded.
The question nsturallv arises, “Why do not
a different class of citizens attend to these
matters?” They have tried it and suitable
persons are not willing to submit to the re
sults if It • an be avoided. The grand jury
K ts In a plea for a very small (though saul to
a much abased) privilege, which is that
article 1282 of tbe new code may have the
1 “intelligibly” added to IL so that It will
: Persons wno cannot read and write In
telligibly shall not be competent to act aa
clsrks ct managers at elections In this 8ta
Then the trouble In these matters will be i
loved.
On the 2Sth Inst, the jury brought in a ver-
Lfict about mldnlg&t of not BaUt7T^^|
Investigating EUctlon Frauds.
J Chicago, December 3.—The Federal grand
Jury today visited tha office of tha county
cietk and penooallv examined the vanli from i
whieh.lt U charged the envelope containing
the ballot* of the second precinct of the
eighteenth ward waa abstracted, and 2,000 1
forged rickets putln In the place of a like
number cast at tbe polls, 'ndge Blodgett also
Itsaoed an older for tbo production of the bal
lots a second time before the grand Jm y, and
they will be examined to determine wtiat
bearing tha rvcent tesUaony given .* to the
of forged tickets haa upon the case.
and that tbe will was made freely and volun
tarily then tbe onus was changed, and tbe
burden was on the caveators u> make their
grounds of objection good. Ga., 472. I a prop
1 hr i as«- 111^ua. it j il«K» !.>»: i. ...
' deal' Hf
Suit for Criminal Negligence.
rail for eiiai£i C McllfM>re aulnii Jure,
mine boro at the time of the Youngs-
m ‘ ae * *, Io * Ioa ' kT w *ri cb fourteengsr-
na ware killed outright and *•
The families of those killed by the
iflffiammte * uu c'
Most Ho»r ble Murder.
|SPECIAL TXLBOBAM]
Camilla, December 3.—A most horrible
murder occurrrd last uight Just before the
dawn ol day. Unknown parties entered the
house ol Stephen Goodwin snd killed him
with an axe aa belay in bed, also Mrs. Main
da Gregory aud h r so*, wbo were also In
bed. Their money waa not taken, but the
horse and u U ggy of Goodwin and his shot
gun art missing. No clue*.
Mayoroltjr of Forsyth.
[special tblbgkam.)
Forsyth, Qa., December 3.—Jas D. Proctor
was elected mayor over J. J. Leary to-day by
fifteen majority. Leary was only nominated
last night. Three fourths of tbe negroes. It is
estimated, vote»for Proctor, while three-
fourths of the whites supported Leary.
Heavy AO*e b/ Fire.
NEW Yobe, December 3.-Ata fire in the tha raraatnUnra r™"ii‘.
Fischer Plano Fact ry in Weal Tweuty-eighih
street Ust night, two firemen were Injured —* Mexican band
but uot fatally. O.e fell off of al.dder and H2HjBE5 tiu * , te 1 ri n * eo
another fell out ola second story window.
The »o»s on the stock wtllprobebly teach
f110.000. snd tr e damage to the burned struc
tures will be about $30,uoo The firm have an
Insnrant o on tbetr stock and building of over
$250,100 In a large number of companies. Con
siderable damage was done by water to a
number of adjiining bouses.
recently submitted to the ,
toetio.ojo in each cate ot jz
y a- revived kill A Lai
A Doub'■ Murder.
Galvastoe, December fl. -A special to the
news from Nvchcsville says. An affiray oc-'
curred here last evening resulting In the
death of l V. 8lmpeo and Calhoun Uv-
rence Both were well-known citizens. The
difficulty grew out of a settlement of a small
data, glmnaon fired the nrst shoL mortally
wounding Lawrence In the abdomen. Law
rence fired three shots, each one taking effect,
the last one penetrating Simpson’s heart.
Lawrence expired some hours after the iboot-
ing- _
▼h« PUnary Council.
Baltimore, Dee. S.-There were no sessions
of the Plenary Council Uvda . Tha work of
the theologians ta romp eied and tha remain
der of the wees will be occupied In the com
pletion of depress already formulated and a
dlscnsmoa of the nines determined npoo.
There will be no public session to-morrow and
the council will close It labors Sunday next.
Buc-Inn’s Arnica Safvs.
The best salvo lathe world for cuts, bruises,
wo* ulcers, salt rheum, ftver tores, tetter,
chapped han.ls, chilblains, corns, aad all skin
eruptions, and positively cures piles, or no
pay required It Is guaranteed to give t»er-
i« • t afactlou. or money refui.-ie.l. i> r foe
u'jujivvm, auu wo ouair npp'uuicu as inai
oomn ittee Messrs Billups, Hodge and Daly.
Tbo commJtteo retired to wait upou tha Gov
ernor and presently returned escorting his
excellency, the Justices ot the Supreme Court
and all the State house officer*, who were scat
ed in front of the Speaker's chair.
Mr. Harrison then read the minutes of the
m. eting held Monday. At that meeting Hon.
George N. Lester was elected president and
\roh Harrison secretary.
Tho Governor was notified that the electors
were iu se*siou, and the Governor advised
them that at 3 p. m. he would communicate
with them. An adjournment was then had
3 p. m.
At that hour Governor McDaniel transmitted
tothce ectora certificates of their election
under tho great seal of ti e State. At 4:30 p. m.
tho college adjourned to It o’clock Tuesday
morning. At that session an invitation was
ed from tho House to seats m the lie
extending Invitations to tho T^gi^latn
the Governor and State house officer* to __
present to witness tho casting of tho vote to
day, the meeting adjourned to noon to-day.
Tnx PROCEEDINGS TO-DAY. T
The chairman announced that the basinets
in ordor was to cast the vote forFresideut and
Vice-President
Messrs. Dessau and Tye were appointed tell
ers.
The vote waa taken separately for President
and Vice-FretidcnL As the name ol each
elector was called he adranccd and deposited
his ballot, announcing at tho same time iu n
clear, emphatic voice his choice. When
counted it was found that tbe solid vote had
been cast for Grover Cleveland. President,
and Thomas A. Hendricks, Vice-President.
THE MESSENGER.
Tho chair announced as the nextbuslncrs
the election of a special messenger to take
charge of and deliver to tho President of tho
United Statci Senate a copy of the vote. Mr.
Charles M. Candler, of DeKalk, was selected.
The college then adjourned to their own cham
ber, to take inch further action to Insure the
*afe transmission of the vote to Washington,
DEVASTATED BY DEATH.
Hundreds of People Stricken Down by
an Unknown Disease.
I TELEGRAPHED TO TUB ASSOCIATED PRESS. J
Louisville, December 1.—A staff corres
pondent of tbe Courier-Journal, who Is In tti
mountains of eastern Kentucky, Investigating
the plague In that section, went last night lo
Barbou ville, Ky. In an Interview with C. F.
Davidson, agent of the Cumberland River
Lumber Company, wbo has been travelling In
the infected district, he says that the disease
which Is an aggravated and rety fatal form ot
flux, began six weeks ago in Lctctur county,
Ky. It spread with great repidit * and now
extends over a territory embracing about one-
half of Che northern portion of Wise county,
Va., tne nortbetstern port of Lee county, Va.,
the eastern part of Letcher county, Ky.,the u
in
lie county/ This embraces a st-ip*about sev
enty miles wide by eighty miles long. The
disease Is the most violent at the head ■waters
ol Straight crook, Clover Fork, In Ilarlan
county, at tbe head oi Fowcll’s crock and
other streams rlslug at Cumberland moun
tains; in Wire county, Va., at the beads of
thcsoitreams which rise In Knox county aud
empty into Big Sandy at tho head of North
Fork, and another branch of PowcU creek, In
L # e S2W* , \Jl: at the heads
of Shelby aud Elkhorn creeks. in
I Ike county, Ky., and at scattered points on
the streams In Letcher aud Leslie counties.
In Utcher couuty it Is worse along Pools’
fork. It prevails at the headwaters almoi.
every stream in the district named :hst emp
ties into the Cumberland. It Is the nost wide
spread in the dlstrlsts closest to tho highest
mountains.
Mita Clara Barton, president of the Ameri
can Asso intion of the Red Cross, received a
letter irom I)r. J. B. Uubbell, field ageut of
the sssoclstionjwho was recently sent to tho
Cumberland Mountains In Kentucky and
Virginia to inrertlgate tho mjsterous
epidemic now prevailing In that
region. Dr. Hnbbell, when ho wrote, waa
Just about to leave Rogers ’” *
ronn., for a long horseback rlu. ....
epidemic district He says: “Nothing definite
Is known a* to tbe extent of the epidemic, *
all informatfon shows it to be quite extern
fnd tataL Tha deaths In one day In a ne!
borhood are reported as Uelve in number
the mortality ia equally serious in other sec
tions. All attribute tho disease to the poison
ous water In this section. 1 shall makoauch
K£r’ ruBX “ l ‘ K;:
THE NEri/ ORLEANS EXPOSITION.
Extent!.j Preparntlon, tor n Grnr.d Dla-
flgpfor.^g
jTXUORXFHa TO TI1X AOOCUTIS nXH.jl
J»*w OUZAKI, November SO.-Dtrector-Cui
cral Bark, and th, building committee of tbe
exp tUlon, titer « thorough Intpectlon ol xll
the building, ecd OMchluerj xod grouadx
|oTlr..xpo«ltloo,b»vedeclded that there will
nor, delaying In th. apanlne. which
will take place December li. Kxhiblu hnvo
been arriving (or twenty daye, and up todatc
about 1,000 car load, have been received.■■
hiblta art now arriving and tho director ten
cr.t i-itlir atci ib.t :"ei car lo.d, will ba re
ceived before the opening. All the ,pace al
lotted to Great Britain, France, Kuitla, Bel-
xlum. Anuria. Hungary, Iuly, Japan, thua.
Turkey, Mexico, Onatemala, aalvilor, Coua
Men. Hnnduraa, Jamaica and Brltlib llondn-
ru^bave been located with cxhlblu and will
Tbe dlinlay of machinery from foreign
countrle. 1, very line. Every bulldlnglgfSQ
to overflowing and limber allotmeuU can
only be ma>le (or exhtbltore wbo have been
allotted apace and (all fo accept within the
I :.!|'Or time, when new application, w 111 unly
be received xubject to location In cat, o^J
canclee occurring. Th# dlreeforgeneralMPI
-°uncea that Intending exhibitor, (allingtoj
twentr-fivo States I
and T’crrifortcs arc now here placing exhibits
coau o( Mexico. He will tend a collection ol
■ Mexican garden,
ttveuty music lent
..-tin M.;-:.; Mall
S'I®‘ _
Maryland-, Electoral Vot,.
Axxxroua, December 3.—Tbe Maryland
m, ‘ h * t * ao °’' General
r.Vll r. T e, J °bneon wax made president and
u oi
Thomas A. Hendricks, ot Indiana, for vice-
110 fcctlred eight votes, and the
so declared anu a;
I announced.
A Narrow
Bn ..r.roED, Mx., December g.—While the
- ‘ivaiMu Army were holding a meeting In a
U J‘ nl * ht ! lhc building » «.
dlKoven d to b, on Are. and a eerlouv dbastcr
wax avoided by tha prompt manner in which
the audience, which packed the hall, wu dt.-
|a5aaiS5- g -
omcial Vote of Tuk is.
Austin, December 3.—Tbe official vote ofl
JohnJWU Lxkwmxl t-toUltndiLfllaMv
plurality over Blalno m,tt 5.
■hovra aa lucfoaec ot
“I
* -’J • r.li; F J.'tOU
It—I. O. Porks. Decal ' and
i .!•: re*— \\ M. IL-rri- -n.i-.l
Bryan. Cony* rs—W. I). II* .th. Morrow's
station—J. A. Rosser. Missionary to China,
D. L. An*l*-i I -'it- :
Advocate, w. H. r t:-.-. .m: m0
brews, J. McUatb.
Augusta dlstrlct-J. E Evans, presiding el
der. Augusta—SL John, W. A. Candler. An-
Karls. St. Luke Mission-
Bonner. * Ric
Thomson— R. W. Rogers. Warranto:.-- (v.
Duvo . J. M. Arra-t. supernumerary. Norwood
—M. W. Arnold. « ulvertou—J. A. Prjnolds.
Sparta—T. If. Simmon*. Hanc ><sk- F. \\
Brown, W. li. Arnold. Milled^, ville—K. \v.
Blgbam. Baldwin—F. D. Cantrell. Sunday-
school scent, George G. Smith. Educational
commissioner, W C. Duncan.
IJahloneRa district—A. C. Thoms 1 .; r. -Ming
aider. DaLloiMga—T. J.GbristtaEpG. ir ^.nx,
supernumerary. Portfcr Bprinps mission-c.
1* Mar, liman. Aurora mission—j-*ij.piu-ei t>y
B. T. Thomas. Cleveland—A. j. \\
Hlawavsce mission—Artemus Latter. H'nirs-
Vtlle mission—A. 8. Adam*. Moran 11ton mis
sion-T. J. WarUck. Ellljsy mb-i n-C. A.
Jamison. Dawsonvillc—J. H. Kak«-. Jasper
minion-F. O. Favor. Clayton mi -i.m-c. V.
Weathers; oue supplied by J. M. Austin.
T.
Hanby. Tilton—l-J. M. eianton. Callu -in—
O. W. Thomas l'nirmount—M. II. Edwards.
Sublfona— G. T. King. Summerville—W. T.
Hamilton. LaFayette—E. W. Balienger. Mc-
! - r< ' 1 H ' I I. ■ -.j :• >’■!
One suj plied by J. R. Craven, A. J. IIuglo-H.
Kibcnon district—W. P. Lovejoy, preaftdUig
elder. Klbcrton—J. R. Parker, W. O. Butler,
snpernumcrary. Elbert . Bethlehem—
" 1 Hart
well—W. M. D. Bard. Bowman—H. z.
Toccoa snd Belton—F. 8. Hudson. Homer—
M. G. Hamby. Carnesville— Ii. P. Marivt.
ClarkesvlUc and factory—M *rs. i ii .smith
and L. P. Winton. DanlelsvlUe—T. J. Ed
ward*. Lavonlamlulon—A. I). Kebol*. Tu-
galomisMou—W. A. Cooper. Mi- .^ry to
upcrnumcrary. Hall, B. E.!
jry Branch-J. L. Perryman.
Forsyth mission—J. M. Armstrong.
R. A. Hakes, supply. I)uluth-J. >1. Ma»h
irn. LawMidevnie—M.D.Turner. Log .ns-
ville—M. II. Hake*. North Gwinnett Eii*«iou
—II. I. Edmnndson. Gwinnett—s. D. Evans.
Monroe—8. D. Clements. Norcrro i m.
Newton. Hcrchton circuit—D. P. Buth or ford.
Griffin dlstr!ct-G II Pattillo, presiding elder,
Grilliu—W. F. Cook. Hampton—T. M I mvi-ry.
Milner end Griffin mission—H. L. E;
■ .. ! !i : 111 "II >' I '• 1 . il. > ij.v mil
xncrary. Zebulon—L. P. Nccse. liarne-.vllle—
G. W. Yarborough. Upson mUsic^-W, S.
Graham, supernumerary. Pine Mountain-!.
B. Hanson. The Rock—J II. Little. Thomaz-
ton—B. E. L. Timmons. Calloden—T. JI. ♦vita-
son. Forsyth—A. W. Williams. Forsyth cir
cuit—8. Leak. Week Monroe—8. R. Kurland.
Jackson—J. B. Johnson. Indian Ej-rii k—D.
?. C. Tlmmoua. Clinton and Jones inissmu—
V. F. Smith, K. O. Murrah.
LaGrango district—J. F. Mixon, presiding
lder. Houston—it. B. England, J. V. Hovveli,
supernumerary. LaQrange -G. F.
Week Point—H. J. Ellis. Tronp-J T lti. h-
ardson. Uogansville—D. D. Cox. Whitt-stllle
w E. Shackleford. Greenville—W. F. Elvers.
Meriwether—A. W. smith. North m-
• . ..! \ A.,: I rank
lln-L Bush. Heard circuit—J. H. '
Bowden—J. 1. Myers. Ml<Klouary to China—
Young J. Allen. Boopsvn .e-W. W. Bros-.veil.
I.n'.rauco Female Coilege—J. W. lleldt, pres
ldcnt; P. A. Heard, professor.
Marietta district—W. D AuJc.v-on, pr<«. ling
elder. Marietta—J. H. Bister. BoeweU—WI
L Wooten. Alpharetta —W. r. BoiL Cobb—
O.B. Quillian. CberokcL-E. If. Wood. ll:ck
on flat -J. B. Speck. Cantan and I ut!y
River—W. II. Speer. Acworth—O. K. >itn-
mona. Powder Springs-C. : I'atii e.
lasvllle and Villa llka-C. S. «)wc.ih Temple
—8. fi. Braswell (supply) Salt Springs N. K.
Mi i:r« • ger. Bnchanan—N. G. Dempsey (sup
ply). letowsh dreult—E. T. Hendrick Stamp
Creek mission—J. N. Sullivan (supply).
Ncwnan district—J. Boring, presiding elder.
Newnan—W. W. Wadsworth. Ncwnan tin nit
—F. M. T. Branan. Senota—W. J. Ottttfi
Palmetto and Folrbuns—P. M. Bybur i ruir
burn circuit—B. >.mders. Whltesburg—G. c.
Ai drew*. Carrollton—A. W. Quintan Fast
Point—W. W. Lampkin. Brooks Station-J. K.
smith. Fajrettevl la—T. S. L. Hare -l' M -
Donough—W. P. Smith. Jonesboro—W. I).
Shear. Coweia-W. F. S. Howell
Oxford district—I. D. Gray, presiding all
Oxford J. Pierce, M. Callaway. Coviugtoi
LJ. Davies. Nswouras-K. Reid.
. ' |Kari<,
Montiecllq—O. A. Thrower. Mtdiion-D. J.
Myrick. Morgan-It. It. Johnson.Ureen*-h-)ro—
w; T. Caldwell. White Ptaim-M. J. Coler.
Greendrcnlk-H. M.QulUtan.Eaton ii J.
Adams. Snapping Shoals-J. L. Lupo. Cast
Putnam—T. A. Seals. West Futnam-C. A.
Connewsy. Kmory College-L S. Hopkins,
president; M Callaway, A. O. Hayg:on.' Up i
slonary to Chins—W. S. Bonncll.
. ng • lder.
Rome—J. W. Lee. DeSofo—4. M. Ttigp/u.
South Rome-8. D. Ledbetter. Cooza circuit
—D. C. Brown. Cave Spring—C. C. Cary.
EniMstvtlWM L. Underwood. Ccdurtowu
—J. W. Roberta: J. T. Norris*, supernumerary.
Polk-mission—to be supplied. Boekmart—jL
K. Allen. Kingston—J. K. Finland. Carters-
ville—J. B. Robin; R. II. Jones, saperuumer-
i*t jf tt Brintntn Sweetwater
—T. S. Edwards. Vann's Valley—B. F. I’ayne.
Floyd's Springs—w. Dunbar. PaukL:: # *mb-
slou—W. p. onUlian.
Agents Orphan'd Home—Sam P. Jo net. S u-
~eriutendent Orphan's Home—J. r l'. Uibron.
Transfers -L. W. Rivers. W. U. Branham to
d.nU in:-- ".l W W. . \ .» a!!. I
5. Neal, Florida; J. II. BrooksfDcuver.
-
GERMANY.
A MAlTFll AFKECTIN'. rURSTa.
■ : ' • : ! !i" R.-i.hMHg 10-
day, I ir ■! < !«r ! i at i iiilM'lm--
tlon of Dr. Witidtliorrds's motion to repeal the
law emt>owcrirg the irovernnent to exixrl
1! rs.-rri-i-n: 1!.< ir fimai-mi
after Ita ■ ■ . I \ th * "i.(uli-rath,
wee disrespectful to the spafleanB. More
over, he said, the two leak Prussian ministers
nf public worship had not applied the law.
The attitude taken by the party of the Centre
. . demanding between Germany
— . v ..’u--la would cot consent to a
repeal of the law. at least not for tho Polish
district. The govcramest would onlyar>«-pta
prelate for ArchhUbopPrice of PoeeZ^^^^I
not sympathise with th.'efforis tosewWcrt
( .tuy without result, although Pros* a had
g ranted previous e» r otsslons, snd tbe negotia
tions were still pending-
In spite of L:-:.iawk’s np:-- a iti Win
thordst’s thotlon to repeal the law In queitlou
wee passed by a vote of 217 to tfl.
ECYRT.
TIICMAUDI SUOT.
Losdo.x, Dec. 4—Te!t grams from I>ongi - to
Renter’s News Agency ►ay* tbe Mu hr has re-
eaived news that tbe Mohdlis deed end Urn .»
Ms followers ora dying very fast. Tt
emeudfitEffiwdaniEeiasnBent win rt for
Ambukal next week. 4
CHIN*A TO EE8IST FRANCE.
Loxdox, December 8.-A dlsput
HoogEpng to tbe Times says: "It is »- • vid
that* determined tore- •: i-'ii--.‘ to
tbe « : She will ir.« t on her sc/- rainty
OV( r Annul a I «1 her right to maintain < ’bin* -e
garrieons at ttntagiepoiata in oiai <
She wUl bioi-t al % *» that the French legation
•k An.uu shall be pi cod qu th*- miiuc f -ting
as the legations cf other countries."
QUARANTINE ABOLISUR!'.
> n i I <o, , inker -I’
. H ol sh. ' • • I *r
I - • • • \. land ifi'it :.g •**
n ■ : c-iabi: •
to the Hi
* UsHUM
'i;h him, ih--u much Ici