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THE TELEGRAPH aND MESSENGER: FRIDAY, DECEMBER 20, 1884.
PERSONAL.
A DiFr**‘NCE or opinion.
. ifi.ndI knew •**
!Vmftl/wbOM} 1*8*© ** fln8 j
Vifm's oplolon*. ft* ft rule.
»'wv d5 not tumk tbe ’ame.
fe'pr^'wV.r^
her attitude. 1 praise.
* yj;,“. “tSw »™ not fJWT «eem,”
l,e M wtok.™Wfi»p« U-. Mm."
. .la.ii like to beer her pi if;
* nZeoo t e<1 mire her touch.
,fitter hrlirtit. vlvaclout WAT!
‘Kinked) W*
Jmr .he'l (Air ««Mr' en be;
*Sheireior not rotoJl*.
m she t* "S*??? 10 ’
J r.d.t.eh« ]llt^kla lchloi)|(i aambIer
ArT8 „ an Idaho dog fight, in which
.JtUrr Ai.im»l gAlned a drcislee victory,
f ‘ , 4 , wn »;rs air reed to become combat-
UU hi * aupplemeutery b»Ule, which was
ffjhtl ■ strict accordance with ring rales.
im Chinese soldiers’ uniform con-
J. of » "ice taaic and as many more
Sal. as he feels like getting Inside of. A
iivl many of them use their shoes for
KSa.idIs es and stuff cotton in their ears
^ofr.ira being scared.
Ponn Democrats who ran as Con-
...mat-large In California last month
Km bathe legal re resentatl.es of
.h.tS'A'e >n the next Congress,on sc-
“ . slight technical error In the pas
til the blU through the Legislature ap-
gdixiing the State into Congressional
AaooD story is told of a country
«bo went to preach in a, remote
JUh church. The s-xion in taking him
C the chapel deprecatingly said: “I
hope your reference won't mind preach-
jngfrom the chancel. Ye see, chap-1 s a
Set place, and I've got a duck setting
Jaiurteen eggs in the pulpit."
Him Is a personal from' the society
eolumoofthe Atouauerpne (N. M.) Morn
ing Journal: Billy Hopkins has changed
ibilts eith BdlyBanguinette at the Monte-
mini The two p Billies" are regular
wbalea in their bnsloeas, and are popular
an <f generous to a fault. Both are dandies
5 lulling a good hot Scotch-something
powerfully stimulating tbeto cold, chilly
mornings.
Is the bar-room of a Bangor hotel no
liquors srs Sent In sight, nor could a raider
Sad any under the counter, when s
drinker sires sn order, he may notice that
amsnwbohss been lounging to and fro
walks to the eud of the bar anil has some
mytartont, fumbling communication with
the bartender. This operation Is repeats 1
alter tbs draiu bar been swallowed. The
Path is that the stock la carried In flat
bouks in the pockets olthe lounger, who
Is In-tmcted toqultnpon the Brat warning
of a raid.
Tbs London Bridge, which some
one tried to blow np with dynamite the
other t-y. was hi gun In 18H and was fin
ished In 1827 from designs of John Ren
ale, architect of Sju liv.ark and Waterlo i
bridge . Tbs Cult la estimated at between
£1,500 Off! and £2,500000. It it built of
K ents In fire arches, the centre arch be-
g 152 feet, tbs two next 140 feet, end the
two enure arches 130 each In span. Tbs
bridge is 900 feet long and M feet wido
The laiuppnta are made trout cannon
taken In the Peninsula war. - over 100000
pe-eoul past ortr 11 e»ery day. Police
constables arc stationed In the middle ol
tile roadway to prerant blocks. It is the
handsomest bridge over the Themes,
—Allen Arthur will entertain several
of hit Princeton classmates at the White
House during holiday week.
—Louise Michel will he released from
prison on January 1, although the term of
her sentence has not expired.
—James R. Davies, tea inspector at
Yew York, against whom charges of mal
feasance are pendiog, baa resigned.
—A dispatch from Turin says there
is no foundation for the rumor of Louis
There Is to be Flummery.
Washington Post.
From present indications and advices
there will be 200,000 rial tors In Washington
on the week of the 1th of March next, and
we think there Is little room for doubt that
they will see a pageant worth seeing and
return to their homes gratified and bene
fited.
—The oldest daughter of Charles
Dickens contrioutea to the CornhUl Mags-
sine for January an article entitled
"Charles Dickens at Home."
—M. Wilson, son-in-law of President
Orevy, of France, bai politically "llopped,"
being now a Radical. His reason was not
a change of belief, but to keep a seat in
the Chamber.
—Gen. B. M. Prentiss, who recently
visited the battlefield of Shiloh. urges that
the bones of the unknown Confederate
dead be removed to the national cemetery
and their last resting place be properly
mi ,ked.
—Mile. Colombier Is undergoing a
for- night's confinemant in prison. This is
th. extent ot 'he punishment which she
in- urred for her snthorablp of the libelous
book about Sara Bernhardt entitled "Sara
Ba nnm."
- Fanny Ellster left a million francs
in'i'nkwfth the Rothschilds, and this sum
not -oea to one of herconsinsand herown
gran ,-hild. A long lime ago she wrote
ner . molrs, bat after she had read them
carefu ly orer she burned them.
—Senator Lamar illustrated his color
line srgumentln Mississippi daring the
late canvass by two glasses, one contain
ing water and the other ink. He would
pour the water into the ink and then ex
plain : " rue volame is increased, bat the
color remains the same."
—The Count de Paris recently had
made 100 cravat pint, each bearing, in
precious stones set in gold. the Bourbon
emblems, and he is giving them to bis
political friends. This alarming slur at
the republic causes M. Ferry to pull down
an eyelid and sneeze every time he thinks
otlt.
-Maj [or Ben: Perlcy Poore uses
colon after the abbreviation of his first
came In accord with the usage ol the
Fathers of the Republic," cuting-Qeo
Washington, Tbos: Jefferson and other
eminent authorities, of whom lie has auto-
—An actor has rarely if ever entered
the American Congress until now, in the
peraon ol Charles a. Voorhees, son ot the
'‘Tall Bycamore of the Wabash" and dele
gate from Washington Territory. Mr.
Vborhees played "Hamlet" one consecu
tive night in fndianspulis, bat Indignantly
deniee that he is an actor at all, referring
to a number ol persons who were present
in the audience.
—Queer old Barbey d’Aurcvilly at
70 is still a dashing equestrian. "When ’
was learning to ride—a mere slip ol
lad—he relates, "my father used
place a louis under each flip of the saddle.
It I could gallop the horse and hoi 1 the
louis with my kneea, they became mine.
My father was soon obliged to give np this
systen Jcruinnii na famille!" Fathers of
today, in this part of the worJH, might
adopt such a system with no fesPbf loelng
a single coin.
A Kenit Bowed Down Weight of Woe.
Chicago Yews.
If nobody were making more noise than
Ben Butler is yon could hesr the sno »fall.
One Bud on the Big Bush of Vanity Fair.
Sew York Letter In tho Troy Times.
A "rotebud" at her debut In society last
week carried a fan entirely made of natu-
ral geranium leaves. Her gown was white
larnlthed with fragrant pink rosea. Her
ewelry was e belt-buckle act with fifty gen
uine sapphires.
And They Proved <t.
Boston Jingo,
MUliken came home locking very dis
consolate. “It’s ell np," he said to his
vasn't elected. Everything went
until yesterday, and then they
raked np a charge against me for horse
stealing.” "But, my dear, why didn't
you make them back up the charge?”
"Back it np? That’s just where the
trouble was. 8ome of onr ward com
mittee, like blamed fools, kept crying lor
'•woof and 'documents,' and they got
iem."
The 8anlshment of the Bod.
S. Y. World.
There is a popular and somewhat super
ficial notion that flogging la as necessary
for boys as oxygen or copper-toad shoes,
bat the notion when examined is found to
be applicable only to other people'! boys.
Parents who theorize about sparing the
rod and spoiling the child are the very
ones who want to arrest the school teacher
who practises the Injunction on their chil
dren.
Therefore, however beautiful flogging
may be as an abstract principle, we may
reaaonably donbt that ft will erer, under
any system of education, again become a
thing of beanty and a joy forever—In a
practical tense.
Why He Wanted F-in,
From the Hatches
Mr. Greatbeart met his impecunloni
friend Blinks on Seventh street Tncsdhy,
and stopped to shake hands.
“Magnificent day, eh, Blinks7" raid Ur.
Greatbeart. "I believe -ve are going to
have a real Waahingto. rioter loll of ge
nial sunshine and free from anow end
sleet."
“Yea.” said Blinks, “It is e fine day, bat
I wish it wonld rain.”
Rain!" ejaculated the philosopher,
y, what in the world do yon want It
to rain for?”
“Then I could wear my overshoes," re
plied Blinks, "and the bricks wouldn't hart
my feet so much."
“B
SUPREME COURT OF GEORGIA.
Oeclslons Rendered Friday, December
IS.1884.
I SPECIAL KXP0ET BY B. C. PXIPUS.1
Boyd vs. the State. Rape, from Morgan,
Before Judge Lawson.
BLASDroRD, J.—Tho verdict Is sustained
by evidence end law. Judgment affirmed.
Calvin George, for plaintiff; R. Whit
field, solicitor-general, by J. H. Lumpkin,
contra.
Ruden vs. the State. Embezzlement, from
Chatham. Before Judge Adams. Crim
inal law. Corporations. Charter. Stat
utory law. Constitutional law.
Bi-a.ydeoed, J —1. There was Cfrtainlv
no error in the calling of a panel of forty
' * end
eight men by the cleric
famishing a
showing the contrary, the presumption la
that the array was put upon the accused.
2. Where a charter was granted by tbe
Superior Court of Richmond county to the
Southern Express Company, and aald
charter was afterwards renewed by the
aame court, Slid renewal having been made
after the power to grant such charters was
taken away by the constitution from tbe
Superior Courts, it was not error to admit
aald charter and renewal In evidence, aa by
act of February 13, 1877, the renewal was
ratified and confirmed. See Acta of 1877,
pps. 31 and 35.
3. This act gave vitality lo the charter
and the act Itself is constitutional, having
but One subject matter, and it bell
curing or healing statute. Howell vs.
State, Sept. T.,1883; Hopeetal. vs. Gaines
ville, Feb. T., 1884 i 01 Ga., 20. Judgment
affirmed.
A. B. Smith, by R. E. Lester, for plaintiff;
W. G. Charlton, solicitor-general, contra.
(a) The cardinal rule ot construction
being to aaceitatn tbe Intention of tho
testator, and tbe expression "own right
heirs" being an ambiguous one, the court
below could properly hear parol evidence
of the circumstances surrounding tbe tes
tator when tbe will was made, and parol
evidence to explain tbe ambiguity ami
prove tbe intention. Code, secs. 2450,2457,
(5) Hence, the coart did not err in allow-
ingcomp'alnants toprovo that tbs testator
died in Pennsylvania, that the will was
made there, that be derived the
B roperty In Georgia from bis mother.
>at by the law ol Penniy vatfia when tes
tator died and when his will was made
brothers and sisters of the whole blood
should inherit in preference to brothers
and sisters of the ball blood, and that at
tbe time the will was made the testator
had real and personal property in IVnnsyl-
ranis.
2. The circumstances surrounding the
testator when hta will was mads indicate
clearly that be meant by the use of tbe
words "my own right heirs" that thove
whom he intended should take under his
will were inch persons as were bis heirs by
the law of Pennsylvania. This construc
tion is strengthened by the fact that testa
tor owned properly, real and personal in
Pennsylvania at the time he made the
will to his brothers and sisters of the whole
blood: and by the fact that the wili|desig-
nates only one class ol persons to take,
and it would be unreasonable
to suppose that testator Intended different
persons to take his real estate In Georgia
from those who were to take his real es
tate in Pennsylvania. 14 Ga., 374:8 Ga.,
57; 49 Ga., 510; 24 Lsw Lib., M. P. 300.
Judgment affirmed.
John M. Guerrsrd. W. S. Basinger, for
plaintiff; Denmark & Adams, contra.
_ 4 show that it Is personalty of the
hand out of which exemption is claimed,
but in the affidavit of vaiueof the property
and the list of creditors it does so appear,
which affidavit wav a part of the record of
the proceedings In evidence, the exemp
tion was not invalid and void, and was
Improperly ruled out. 01 Ga. 105; 65 0s.
317. Judgment reversed. .
J. B Park for plaintiff; \Y. H. Branch
Savannah Bank and Trust Company vs.
Hertrldge. Complaint, from City Coart
of Bavannah. Before Judge Harden.
Banks. Officers. Contracts. Notice.
Pledges.
BLixnroiD, J.—Where one who was
cashier ol e bank, it being against tbe rnle
of the bank to lend money tooneof its offi
Logan's Horse Senee,
Dew York Star.
John A. Logan may not be as smart a
grammarian at Blaine nor as rich, bat he
Dr. IIahmond has been putting his has » much bigger fund of horse ienie.
bed oD what may ha called the Turkish
bath superstition. He says that the Tark-l Why Not Steal It?
iih bath Is not auited for everybody. In
JTm! 0f Th* r df«tOT*hfmaiTnJdtobee The opinion‘ , h ^ i "|'“ r “ ed u J h b *'‘cJbll
h nir fins!!; I
recommend It," he aaya, "for every onelBpaln.
with whom it agrees. That is the test ot
common sense and medical science. Ill Utile Dan Cupid on Casters
yon remain blue and cold alter a bath, do New York star.
not take It again while Ir 1
health. If, on the other
tern reacts, tbe effect Is -
Bli nks was walking on his “uppers.”
A Bimetallist.
Cslcato News.
"O’ mornin'. Hev you got a silver do!
about ye?”
"What If I have? ... .
"I'd like to borrow It fur a little while l’
explain Senator Sherman's idee ot silver
coinage to a friend.”
"No, I haven't a silver dollar.
“Got two halves?”
"No."
K. ' quarters?’ J
No.'
‘Waal, let me have e dollar bill, then. I
guess I kin 'eplsin it with that."
A Bettor Thing.
Wall Street Newe.
Talk abaut hard timet I” he scoffed, si
he leaned back in his chair in a down
town restaurant. "Why, gentlemen. Us
all In knowing how to reach the public.
"Yon used to speculate In grain, 1 be
lieve," observed the man at his right.
"I did, and I lost money. I was in a
whole eleven months In tbe year and bard
np the remainder, I didn't know how to
reach the public."
“And now?"
“Well. I am on the road exhibiting a fat
woman who weighs 740 pounds—admission
fifteen cents. I bars no margins to put np,
dividends are declared with the most an-
noying regularity, and if anybody disputes
her weight she has a lead corset weighing
210 pounds to bring her np to the mark."
Bktdaway Shell Road Company vs.
O'Brien. Case, from . Before Judge
, Amendment Diligence. Course
of action. Pleading.
BLAKDroon, J.—1. Where an amend
ment to a declaration wae filed In vacstlon
without notice to defendant, end at the
next term as soon as defendant’s counsel
cere, procured another to borrow money discovered tbe amendment, he moved to
lrom the bank, giving his note therefor, strike the same, the amendment not hav
and to purchase certain shares of railroad ing been allowed by tbe court, the motion
stock which ware deposited with tbe bank was not made too lata,
as collateral security for theloin, the cash- 2. Tbe original action living for damages
ier assuming the payment ot the note and sustained by plaintiff from having faUen
the stock deposited being really his, and Into a bole or ditch, which, It was alleged,
where said cashier afterward agreed that 1 defendant had unlawfully or wrongfully
such other party might use his oirn dls- dog, an amendment seeking to recover of
cretion as to the sale of the stock, and said defendant because it removed a certain
parly effected a sale of this stock on time crossing over a ditch or hole, by reason
but the cashier refused to confirm the sale whereof plaintiff fell into the ditch and was
and deliver the stock, the stock afterwards Injured, introduced anew and distinct
being sold by the bank for a much leas I cense of action. 51 Ga. 515; Henderson
cam; and It farther appeared that the per- vsPQ. K. R., this term. Jjdgment re-
ion engaging with the cashier In the tran-1 versed,
sactiou knew of the rnle of the bank re
ferred to.
Held: la order to relieve sach person
from liability to the btnk ha mnst show
that the bank bad notice of the contract
between himself and the cashier and an-
.. Love-making on roller sxates tsmelaicat
"Jggfe I amusement of billing and casing parties.
. j entirely penwnciai. n n riaaing match Is foJowsd by a
If yon pin ms down to p-nersl xslion. 1 s
should say that the teplil bath Is the most I wadding. ■ ^ t T
ben.flclal to tbe major! y of people. Tho
hot bath should never ba taken in one s
house."
The Birth-Mark of the Man of Olsle
Nashville World.
M Delaunay, of Paris, has been I In ffis hollow iff ths foot of ev^ Broth.
asking extensive investigation upon the era men who In bere-frotltoyhood chased
subject of postures In sitting as regards ex- through. tangled Southern 'f' e
trembles. Tie finds that the Chinese ernes proud old posanm to We Isir Ulbe minis
their left arm over the right, while Euro-1 tore Impression ol e ’possum foot,
pesos cross the right over the left. Those I ' 1
who can not work or are idiotic do the I More Blgee of Unpleasantness,
contrary, A great manr wo ,,vn cross tbs I Boston Herald,
loll leg orer tbe right. Among ops-r* den-1 j 0 n0 ; c>re anything abrot the old
cere some always cross tbo right 1-g over I Democratic party. Enough excellent ad-
tbe left, bat out one crosses tbs left over I Tica has been wasted fib tbe Bourbon
the right habitually. Infants under three 1 \) taxocrK j fa the years that are past to
TOrscross thele term oYeribsrigUe, and b ,„ m^susd and “*— J *
whan older reverse the position Men gen-1 ulcbtbM partr.
trolly cross tbs right leg over the left, and | “ Ku * y 1
be cites statements of tailors that panta
loons are mors worn on tbe leftside,which
bears mos* of the wrlgnL The Inference
remains thst tbe left brain derelope before
restored to power
All He Oealrefi,
ExcbftQfO.
"Now, darling, will you grant me one
the right, bat fiasilly the right predoml-1 favor before I go?"
__ . -Yes, George, I wUI.” she said dropping
Tire first Territorial fair ’of Arizo- yro?”“’*'
cere.1 product entering into thelr domet- | 8lnK ; n g School.
, ... New York World.
of the sabnsra, or the giant ctotos, bade jj,, aeorgls Senators spiced their iegie-
or seeds; of the "careless weed" (a f®* 1 ) [stive labors yesterday by joining in
brown seed something like mustard hot , ..y b . Sweet Ily aud-By." The .
much snail, r), Indian wbest, beans, corn, f u ? mlDCS WM up to tbe average of coogre-
etc. The Indian wbeat took tbe first and I „ ll | ODa j tinging, though It lacked the ele-
•eoond premium-. Numerous domestic o( fanJal,^voices It wonld be well If
utensils Wsrefalso exhibited. Canteene. I , be m> i at ;,T 0 f our Slate Legislatures
rattles, bark..'t. and all x-ris of war tog rua oa half time as singing
gsry were displayed. One curious art! j £££*.
de was an Indian plough an exaot cron- 1
Elislnger, administrator, vs. Beytagh
Trover, from City Court of Savannah
Before Judge Adams. Evidence. Par
ties. New trial
BLANProan, J,’—1* This being an action
Fisher vs. the Btate. Breaking railroad
car. from Greene. Bsfore Judge Law-
son. Criminal lsw. Evidence. Con-
spiraev. Indictment. Affidavits. Ju
ror. Jury. Conduct of the court.
Hall J.—1. The verdict is sustained by
evld-nce and law.
2. Evidence to establish a conspiracy
between defendant and otben, that the
same class of goods missel from the bro
ken cars was found in the poseation,
each of them, was competent
not only to show conspiracy
bat to Implicate defendant In the guilt of
bis assoc'ates. 70 Ga. 221; Wilkerson s
case, this term.
3. The State Is not confined in proof to
the day named in the Indictment. 34 Ga.
202; 11 Ga. 53 The Indictment charged
that thsoffeose wascommltted on the 15th
dey of January, 1884, and it appeared that
a car loaded with corn was broken anil
pillsgedjon'lhat day; in that car there were
no good of the description of those men
tioned in the indictment; but it was com.
petent to show that about the seme time
other goods of (be description charged
bad been stolen from broken cars.
4. A remark by tbe judge In admitting
evidence for the State which he had pre
viously repelled, that bo wonld xive the
State tbe benefit ot the doubt, and defen
dant ndgbt have before the jury not only
llie benefi t of Drat bat of all doubts of law
and fact, wss not ‘erroneous and did not
hurt defendant. The question 1s not an
open one here. 11 Oa. 53.
5. Objestions to the charge of the court
should be specific. Code 4251.
6. There la no precedent or authority for
a resort to affidavit to show what tran
spired in open court, In the presence of
ths judge and parties. Besides the affi
davit in this case Is not In ths bill of ex
ceptions or verified by tbs judge.
7. If a juror, on ths jury being polled,
did not answer. It wss the duty of defend
ant or bis counsel to call attention to the
(act.
8. Whether the presence of a code in the
t nry room and Its examination by tbe jury
■ sufficient to set ends the verdict we do
not decide, bat its presence there in this
esse is only shown by a juror's affi lavlt
and a jnror cannot impeach his verdict.
9. Grounds of objection to admission of
evidence mast be specified. Jadgment af
firmed.
W. H. Branch, O. Heard. J. B. Park for
plaintiff; R. Whitfield, solicitor-general,
by J. H. Lumpkin, U. T. & H. O. Lewis
contra.
(a) Wlille it ii generally true the entire
charge not being in the record that it will
bepretumr-l : , have beene irrc : ami i & ig
down all the law npp ■ ible to the case,
and that general exception toe portion
of a charge which covered many . u-*-
tions will not be considered, yet ft iv
evident in tbls case that t!, request
given and that retu-el directly contra
vene inch a presumption and are wholly
Inconsistent with it.
4. It was pretended that during the ex
istence of the contract ni-igned to com
plainant the defendant held the lot. No.
288, subject to complainant's right to the
mineral Interest, on his compli
ance with the conditions of
tho contract; tbe contention was
thst the contract was performo 1, that de
fendant held the Interest adversely to com-
plaiosnt, that complainant was charged
with notice of su :h adverse holding, and
had acquiesced for a sufficient length of
time for his remedy.
(a) The correct legal rnle applicable to
the issue thru made is to be found in 11
Ga 258, 201, for though defendant was
kJB 4'J4 ass'J*v* rvai
never a technical trustee (or complain*
ant as to the Interest, yet he sustained
to him-mcli a confidential relation as to
make him practically a trustee. Judg
ment reversed.
W. N. & P. Jacoway. Graahm |& Gra
ham, for plalntilf; 8. F. Lsmkin, K. J.
MoCamy, McCutchen & j Shumate, con-
tra.
The Tru» Patriot.
Chicago Herald.
Our Minister to France,
Philadelphia Press.
We era cordially in favor olCoL Henry
Wetteraon for minister to France. CoL
ter part of those used 2,000 yean ago In
the Valley of the Nil., • while, strangely
enough, the Indians also took the first
premium lor the best modern plough dis
played. _
Tub British Admiralty ere going Wattenoo is not roly a gentlemanend.a
to build daring ths forthcoming year lour scholar, but ha can shake hands with ths
flrstelatvlronrU.il, two torp3o rams ol rail Farislan.accent endopenaboiBoot
3,000 tons etch, ten scoots of 1,400 or 1500 champjgo. wlffiontspresdlogths lmpres-
too*, thirty first clasa torpedo boats and alon that he Is firing a Fourth •J 111 !
fire triii-dcruiser*. Tbeeefauer—e new sslnte. He acquired these raenlfald ac-
clast of sbipl-wUl luve armor belts ol ton compllshmenta during hti protracted reei-
incl.t'i of s'eeir > ill wti :h their vitals | dance yean tgo In ParU-Ky.
will Le protec I*-1. They will have a dfa-1 ——
placemento!5000tons, sndthe wvlgniwI Th , oirrovwnc*
their armor will be 1,000 tons. Their water London Fan
line will be protected by side anuor from , I hone
snd to end. Each wlll be armed a Rhetor; | The rector—’ Well, Chorbecro b I hope
pedoea,
will b^pihle'Sbnniffir^^ue|Chort^'^-Rark^rofled^.^! Boo*
■'twere
Cen.Hasen Again Prosecuting.
Washington Star.
Gen. Hazen baring gotten off his bands
the charges against (.lent. (J Arlington, It
now preparing charges snd specifications
sgslnst Assl-tsnt Adjutant-General
Chauncey McKeever. Ths charges will
be based on en interview In the Star with
a prominent army officer early In Septem
ber, in which Gan. Hasan's coarse In con
nection with Arctic expeditious was ad'
vsrtely criticised. Gan. Hszsn, under the
Impression thst tbe derogatory remarks
emana'ed from Gen. Keever, fa preparing
charges against him. It ts not yet known
otwhst nature they are, bat they will
probably come under the head of conduct
unbecoming an officer and gentleman.
Fashions for Olrls In Their Teene.
Harper's Baser.
Wool la poeferred for dresses ot all kinds
for girls lrom thirteen to sixteen years of
age, bat there ere also pretty laced waists
of ruby or bins'. Ttivet. with ths sqnart
opening and sleeves ol lace or embrold-
"kllor blouse salts of blue flannel, with
■he skirt In wide kilt pleats, en still liked
far school drsesss, snd ere made heavy
and warm for winter.
Buttoned gaiters for misses era now
made with ths low English heels, that an
becoming popular along with other whole-
•ome FneUih fashions.
Felt round hats, fishwife pokes pointed
high above the forehead end turbans of
cloth, velvet or (nr ere worn by youi g girls.
A pale blue jsreey with e white vsit end
broad wllte Hercules brmiu may he worn
with either e bine ot white cashmere skirt.
Tan-colored gloves of either dressed or
undressed kid are furnished in misses'
slats and are appropriate with any dress.
Calfskin of light quality is used fbla
winter, both for ladles' and young girls'
IOM.
Navy bine serge for girls la trimmed
with either black, bine or cardinal-red
braid.
thurized or ratified It. The fact that the of trover to recover a certain bond which
cashier was a party thereto, knew of the I it was alleged belonged to plalntift'i Intel,
arransement and ratified It In behalf ol I tate, It waa error to permit the defend-
the bank is not enough. 5 Wall. 703; 05 ant to testify that deceased, during
U.S. 557; Story on agency sec. 210: 25 N. life, gave the bend to her. The
Y. 293; 1 Kelly 286 [Morse on banks and I admission of this testimony would be
banking 190,197, 188, 89,90, 131. diresUy in violation ot tbe evidence act ot
(a) There beirg no evidence to show that 1860, the other party to the alleged con-
letve to sell the stock wss given each party I tract of gift being dead. Code 3851; Hng-
by anv one connected srith the bank, save gins vs. Huggins, September term, 1883.
the csrhler, or authority to tran der the I 2. Tbe jury, notwithstanding the admit-
same, the verdict of the jury sustaining a .ion ol this evl iencc, found lot plaintiff,
plea which claimed that the bonk author- and the coart granted a new trial. While we
■zed his sale of ths stock and then refused wonld have been, Perhaps, batter satisled
to deliver it, whereby he lost e certain IU the court had refused e new trial, yet we
amount, wss Illegal. cannot say thst there wss such an abase of
lb) Th* hank held tho note of the party I discretion as to require a reversal ol the
Who dealt with the cashier and the stock f judgment. Jndgmvnt affirmed,
pledged for its payment, unaffected by any R. R. Richards, William M. Heyward,
arrangement between the cashier end each for plaintiff; Garrard & Meldrim contra.
person. If the party giving the note de-1
sired to Mil the stock, he should have re- 8lny t hei executor, vs. Banks. Equity,
d< emed It or pieced other collaterals in ill I Chatham, rfefore Judge Adams,
stud inch as tbs buk might have agreed A |i mony . Husband ft wife. Judgment,
to take. Jones on Fledges, sections 006, PHoritT. Year's support.
ra_,729;.63Parana, Judgment..TWTtrsed. 1 I.-WhS; a wife ob-
Chisholm ft Erwin, tor plaintiff, G. A. I t a j nJ against her husband a
Mercer, contra. 1 decree for permanent alimony In
favor of bersest and minor children, and
Baras vs. the State. Harboring seamen, the husband dies before said alimony is
from ths City Coart of Savannah. Before psld,tnch claim for alimony as against hla
Judge Harass). Criminal law. Indict-1 estate is of superior dignity to judgments,
ment. Depositions. Nolice. mortgages or like liens .gainst the htuband
BLAgoroBD, J.—1. The Indictment was obtained before his death, except where
sufficient, it being in the language ol the I such liens might he superior to claim f or t
code, end the nttareof tbeollensechsrged year's support. The claim for alimony In
being easily understood therefrom. Code, each a case stands on ths same footing
section 1552,4028. srith one for year's support Code 1736,
2. It wss objected In Ihecourt below that 11748,1752,2553. Judgment affirmed,
certain evidence taken by ihe Judge of the Lawton and Cunningham, for plaintiff;
City Court under sections 4981 end 4963 ol I Richards and Heyward, oontra.
tho code, was in ad mi-si b!e on theeroundl —
that said sections were unconstitutional. g mlth Ti . g m m, «t al. Equity, from
by leaving said notice at the residence at ftbSl diking to re-
Th. SSSitollimi&tv ThJ form * JoeJ 1111,1 * llf K lD P ,hllt * U >“• P‘ r i
J u U 2it fi/Ii ™i h ,!uK ties to the deed Intended that the land
ft „ p . 0 n t .iff therein mentioned should be oroveyed.the
b 2LSVSSSll lid ifafiri ,lmb « r ‘hereon being reserved to plaintiff.
YnO. ‘hat a scrivener was employed to
dence should .have been rejected. J“dg-l wrtrlw the deed, but by his mistake the
meat reveraea. pi.n.M. ... deed was so drawn as to make no reserve-
, if; n /}r A vv r m |.'h. b ,{t«n ^iiciiirV^fir. 0 | • 1< > n of the timber; that plaintiff wat lgno-
j'alnt.ff’ W.G. Chariton,solicitor-general, I rant 4n( j mitamto, unable to read and
con,r *- I write, and signed the de d, supposing It
n._had been drawn so is to reserve ths tlm-
Jg I her: that plalntifl did not dleoovjr tbs
t i of y 1 » P1 ”f-..Befora Judge .Mar | m |,lika until some rims afterward; and
sbon. Justice ol ths Ftace. Jury. I tblt tbt was mntnal, was not
- and toms of her guns will bs fired I yon liked the broth 1 sent yon on Saturday I
fe protect-d house. The ship fuel! and the sermon I preached oo Sunday. J
WHdaobe capable ol being directed as a | Charbeoon-''TharkyOTkimdly.inr! Bool
ram. Each will carry two eighteen-ton Lj'd loike Use braath better If it^wen[ mofl
guns an 1 twelve foor-too guns and her lotgg the saraon, end Use sarmoo lilt werl
sneel will le seventeen knots. With I more loike the breath- Yon see, znr, the
tEese additions to her navy, England»UUI sermon moighta'besna bit■ deerer,^an fa
cxpaeSsto bold bee own agslostiba other Icoolda’doonwi’ leaero it; and thsbraath
navsd powers, rue cost ol the new vessels | wire a bit too deer, end ot could e doon
wlllbe£3,U .
"I lerpoax few drinkers of whisky,"
•eld a wholesale dealer In the fin;,I, "real-
; •• I,„w ,,'l.e ■ ; - - guial val .* get for
‘ r money,
- cost to ihe distiller ofl
wl’ more on It."
Paragraphing Mr. Blount.
Courier-Journal.
Celling hard names In political cam-
■»i>«n fl kset MMiliwBfcy.n ^ItMwq ms wmngh. it shook! not be
I bent lfuTT —fa a gsBsn _rfT»*fin~imuugnei election Those newspapers
a fair quantity for a drink, th« charge for ,. r u».nr a dtitlnualshsdBooth-
nr tihh, nt the ssoat stylish bere l| _ls 1 ■.■a^Ulw aa **. uuis jag-baillod rnnt^
twenty MB Thnt le to say. e Hri®* ahoold be talked to by their snbecribers. I
costing the producer a sixth of a cent in Mma ”
Kentucky is retaUml at nearly forty times
as much. Of ooone, the government tax
takes some ol the enormous profit, and,
the wastes of storage another portion. The
gains of the handlers remain astounding.
1 know ol no more solid temperance ergo-
ment than the ridlculoosly high pnc< •
ghwgr lforli j ion bythega--.
Paine's tkslstcn Cihumed.
Tbs skeleton of Payne, one of the men
for the conspiracy to murder
Lincoln,was exhumed yesterday
- -ta at the arsenal. The
Walker, et al., commissioners, vs. Sheltst).
Complslnt, from City Court of Ssran-
nsh. Before Judge Harden. Coroner.
County officers. Pauptrs. Burials.
Quantum meruit.
Hall, J.—Where by a great storm many
persons were drowned and their bsdiet
Hosted in tbe 8avannab river or were
thrown on shore In Chatham eonnty, end
tbe conoty commissioners ware notified ol
the feet, end snph bodies were the bodies
of penpeit, some being unknown; and the
coroner of the cronty began to hold In-
quests. but soon ceastd, finding there was
no rekaon or authority for him to do so,
and then barfed the bodies et his
own expense, end presented his bill to the
county commissioners for his eotasl ex
penses In so banring them, of which bill
payment wss refused; oo salt bronght by
him against tbe commissioners, It was no
sufficient defense thereto that plaintiff, at
the lime he made the expenditure was coro
ner, and bad received for tbe year daring
which the barlals were made, all he was
allowed to receive el such, cither for in
quest* or for hartals, although it was ed
rallied there wss a sufficient pauper fund
to mast his charges In this case. Code
903, 3701, 700.
(o) The charge of th* court was correct
tadoonuintd the whole law bearing on
the sabtect, end under the lew even a pri
vate lndiridnel mlgtt recover for such in-
ferments; bene* the plaintiff et en Indi
vidual end not as coroner was entitled to
be reimbursed. Cod*. 700
2. Acts providing (or salaries and costa
shsold be strictly construed, and should
not beextenclp 1 by construction or Indirec
tion beyond ths amounts specified.
If tbe barilla bad pertained to tbe ofilce
of coroner and he bad received all the com
pensation provided by law, he could not
recover, bat tbls Is not the case here.
Judgment affirmed.
John M. Gnerrard, for plaintlfi; Garrard
ft Meldrim, contra.
Charge. «iihnn» *oriiv and shuffiJ not iiavebeen by O. to complainant, that complainant
BLAgDroap,J.-Tb*lewdoesnotnqutre d | i ,^SS‘ t S , 0 n 3 diSnir»ri“ciSto 31 ”3U7. $•£_ponjpliil with, the terms; and
a jostle*ml the Peace to char** * j nry to judgment
bis coart. His Ignorance of tbs lsw as ,',
— rna.mana I .. J . L- nweai, n
for'phitoUff; MacIntyre ft
In office.
"Oh, I ain't worrying about It," said
the carrier; "I’m all right, and don't yon
forget It.”
"What makes yon think so?”
"Well, I was a good Blaino man daring
the campaign. I turned out and carried
I !iti I I ' in ,1 1 1 hours help
ing mail campaign circulars, went to meet
ings and started the applau.e, acted as
spotter on tbe mnpwumps on my rente,
paid my little assessment and did every
thing a true patriot is expected to do ex
cept one.”
“What was that?"
“I didn’t vote for Blaine. No. sir, I
didn'L Elsction day I went to two promi
nent Democrats, showed them a straight
Democratic ticket, ami got them to go
with me to the polls. They saw me pat
that ticket to the box, and gave me a cer
tificate to that effect. Had Blaine been
elected ( had them fixed to keep mnm.
and I'd continue to be a Blaino mam But
now that Cleveland’s theman, I'm a Dem
ocrat, and I've got my naturalization pa
pers. I'd like to see’em tarn me onti"
Tobogganing.
Selected.
I pat on e fall tobogganing anil made of
blankets, and repaired to the scene of my
first ride. Hncdreds of beys, girls, women
and men were already there, their beam
ing faces snd merry laughter telling plainly
how thoroughly one conld;enjoy sliding af
ter the first scare is over. Ascending a
steep hill by a well beaten path, we soon
arrive at the beginning of the coast. I In
voluntarily gave a regular shower bath sort
of a shudder as I took my seat in front ot
the steerer. to whose hands, or rather
feet, for the latter are the guiding
power, I placed my destiny, clutching the
•mall hand holes as a drowning man
does a straw. The machine began to
move.’,then more so; a smile sought lor
recognition on my face; bat jast then ws
reached the first Jonncs, and up into the
air we went; the toboggan t irned halt
'round, tbs seml-born smile gave way to
an anxlons anxiety. A touch of the steer-
man's foot bronght us right again, the
smile came back, hat only for a moment:
another jounce, more clever ateering, still
more jounces, and we arriredon the plane
beneath and stopped. I arose, swallowed
my heart, then begin to talk, for 1 felt
just like talking. If I had opened my
month on the way down, 1 never could
have told about it afterward. I rtaseended
tbe hill and tried it again, becoming fond
er of the sport as the anxiety for my safety
decreased, and I'll tell you how it is: l got
more real pleasure bunched into a few
:onds in those rides than I ever got out
a nightmare.
Paoe vs. Payne. Equity, from Dade. Be
fore Judge Fain. Specific performance.
Contract. Prescription. Cfiarge ol the
court Adverse bolding. Notice.
Hall, J.—1. It was affix d in a bill
(or specific performance thst
a contract between (J and
1‘ace giving a right to Grass on cer
tain ter ms J to mineral inter e it and certain
easements and privileges to lot No. 2e8.
had been with the consent ol Pace assigned
&hT: d0 “ COrrCCUj X- Mersh 1 ro U WuUy
pie lnslructlons given oy the justice to famrot. '
lhlsras*..x.rifiertf an undue .ndunwy- ^ETbfli alleging that B. ft
?2Si41«tSdJf.'a5 w *,” d “ n “ b k‘ t n "r°“d&* ^
was overwhelming In favor of plaintiff; ||j ^ (dm | D i,
L^wffich'hEfb^tJuSb?m.briore k' r i T that Tald administrator
aoyewhld^hM been tried by me before, ^ >t tdmUdsV ratov's sals hi* intestate's
t5l}»n?as^J < lSii«#5 TOr ““• n “ aa *» #tc * I one-htlf Interest; tbit 8. intended to boy
Jndgrnent reremd. .. . , p^u. I it bat one D. clme toblmend represented
iJrluSSU8.ifJrii^Srt P ** P *"' ^^rJhrolSittroSw 8 -^
Charleston and SayTTnah Ranwaj Gom-1 SS^S^dsS^SSte^JSfwi^
chiJhlm! 1, IMoni'jadtt 1 terf#t * be * 01 ^ iu TlUa « e; ^fV. 00
SS«lS«5 # mSSSel I th *MOMdey D. emme to a end told him
I thatH he had histotereet hs could sell the
whole lot for a certain snm, its fnU value
Rumored Corner in Cotton.
New York Times.
Speculators to cotton have been some
what anxlons daring the fast three or too?
days over rumors thst a syndicate bad
bevn formed to get np s “corner” to Jan
uary cotton. Men who hav* been operat
ing on th* “short" sfd* of ths market
htv* been boxy for more than e week
covering their contracts. Fears ot e "cor
ner” sra stimulated by tha knowledge
that th* lest season yielded but a moder
ate crop ot ootton. Tha total crop, it le
estimated, will not exceed 5.750,001 boles.
Tost* wss an advance of 7 points to the
price toon after tbe opening ot basinses
n th* Exchange yesterday, bat the prise
receded soon afterward and closed from
1 to 5 points lower. Th* sales for the day
ere only M,(W0 bale*.
The bear operators In tbe exchanges are
keeping e cloee watch of John H. Inman
and Solomon Ranger, th* two meet promi
nent "bolls.’’ Mr. Inman waa the leader
ot th* boll movement that resalted to tbe
E?&t£» Wie ‘“ T,, “ n ‘“"° ““ | Siffid”W 'oiiKdl “the imoant; tost
(s) If etich estresm be obstructed each 1 |£it W. bed ofliredU?pet?"!!!* 5
la a nnlaan** an.l mav M arwreani luai n. uau wwva a. aar . . ,1
market was to be attempted by him. He
tbonght, however, that present New York
Prices were too low as compered with
price* to Southern markets. It is generally
believed that tbe "boll” operators desire to
loteaeottoo up twocente above ths present
price. 8boala that be don* there will be a
lively scam pel ing and tome squealing
among the beers.
Catarrh Cured.
sane# la made from thsi
ar.d choicest condlmcr.'.i obta.nal,:
using it. waste, labor, anxiety, and diiap
pc.LfL.t-*. are prereatc-i.
,-- h no'iflvd W. and the counsel of M. that he
ob'stractfon is a nuisance, and may be
abated et th* instance of any person
m*ndto.*b*t* ths same before *c‘lon I v/frodb. was fraudalsnt; that D.re-
T. 0 )** 1 Acrortot ^ to th"tD!°hu*f*a^ffi^Uy*tiliS(!?-
which complainante had foet rartffin pro- UMto ji aEdpray. tor
doc*boat* and flats, end prayer for com- L i imaaslSt W and D. tor title to 0>*
pcnsatlon tor th* low and UMfiM *ftSi,tftar*i*nd*MS)rtS5
g^ttoe relief Prar^or" 1 * n0U ^*' ^^md^d .EtfdS^roi after
^ttSia^vShdirecuon, ^
SSi'whkhhl^^SpL5hta*ire—
Gnerrard et aL et. Gnerrard et el. Equity, I r **l“**- contra.
Buranrossl' J.—Where on* made hi* J
46U*. 221. 479; Abbott's Law t__ .
SgvaasBgvSga&gs;
2349. Judgment reversed.
J. M. Gnerrard, for plaintiff; Fraser ft
W ileoo, by P. W. Meldrirniconlra.
defendant, Face, by his answer admitted
the contract with O. end the assign-
ment of thessmeto complsinant, but de
nied tlist complsinant bod performed the
conditions on which he wss entitled to
theeonveyanc* demanded, end insisted
thst defendant had been compelled to pat
bL claim against G. to Jodgmor t, that com
plainant stayed tbe same by going secnrl.
tyforO., and when defendant demanded
tbs money fine pointed rot for. levy tbe
land embraced to tbe contract,
Including the mineral Inter,
eat; that defendant exccnted s.
deed O. to the land In question, filed ths
seme w.th the clerk end htd it recorded,
caused * lary made on lb* lands and ths
mineral Interest and bonght them at
sheriff 1 * sola and took the •hertS'i
deed, that tha land dm not briua
enough to aatisfy the execution and
complainant pointed out lands ol hit
own to satisfy the balance. It seem*
that tbe deed by Pace to U. was not re-
cordsd until alter thelsvy.andcomiilalnant
insists that th* sale thereunder was invalid,
and that It did not change tbe relations of
the partis* lo the contract; and that de
fendant purchased the land at sheriffs
■ale at his Instance and in pursuance of sn
arrangement between them; defendant
denied tbls but ret up that two
other lots of land were also conveyed
by the sheriff under the eale to defendant,
that complainant snbieqaently bought
there lots of defendant at an adrance of
I200ro his bid for them and the mineral
interest; that th* sheriffs salt pat an end
to complainant's rights under the contract
with if. an-1 that tha contract by which
complainant acquired title to tha two
lota mentioned we* Independent oil
the other contract; complainant anertedl
the contrary, claim* that he paid tbe en
tire amount contracted to be paid for the
two lota and the mineral Interest on lot
No. 288, which mineral Interest was worth
lunch more than tha who.eof the other
two lots, that tbe deed to the
two tots was never delivered to him bat
record and
sot of tbe marriage living et her death-end
In default otsuch issue to his “own right
bain;" and at tha time the wtil waa made
testator bad real property both in lean-
ay Irani* and to Georsfa: the widow her-
tog died wrtthoattsgoacf tha marring ttr-
tog et her daetb, to a contort J>*«wrep de
scendants of testators brothers ot the
whole blood and hla hrotbars udaMera
of th* half blood M to th* real property to I
HsUL LThe wffl re to «b* dbpeeUka of'
th* real property lying to Grirca wUlre
construed a -onltn-r to '.he law of this
State. Code. vec. ||
Agent. CUlm,
Judge Lev
Cartwright va.
from Green*. Bsfore
Eii . rtioa. Ha,bend snd wife. Am-
devuv. Proceedings.
, Ja’.asos, C. J.—Wbtr* an sppllcat.oa
was suneptlUouily pat oa reoord d
Irsudnlsntiy attempted to be fouled I
him. Tbe .mestioaof this new agreement
v, as the principal oo* to the case and on It
there was much cooflkfitogevidence. i
On the teens* made a request to charge
as to th* lew of prescription, with or Pin
out written evidence of title, and Ihe effect
that law wonld have on the case when ac-
compel.'.-1 with adverse possession of tbe
mineral totems by defaMewtlre **
riod prescribed by statute, was properly
refused as Inapplicable to the ease. J
X A request to charge by defendant,
• whenever on* person amrepte or agrees
in any manner that another shallhase and
hold any interest to reel estate, end the
Utter is either to pomrmjon or takes pos
session et the time ot giving this consent,
or making this agreement, then the party
agreeing or consenting will be presumed to
have had notice that th. oth« held
verse!/ to him all that he consented
might bold as bis own" was directly
tel^.Ww b hTh»raiiaJS
to thefactsln vrool which were most essen-
tial to the eluci lation ol the real issues
lu.-olrrf. and which gave a summary of
fact' though ualn'.-Ltidna;:/ so, wlcch
*as OL.'a.; a.i par'-al, —Itnng deieud-
Homirds
.SELF-RAISING
(j) < Bread
rrepamim.
THK HEALTHFUL AND NUTRITIOUS
BAKING POWDER
restores to tbe floor the stren^th-eiring
phtniplmten that ari* remort*-! with ths
hnni atiil whirli art* r**<iur**.i i»y th#* -yfftera.
|No other baking powder does this. It costs
if-?!, h healthier ami atroiiKer than anj
other powder.
HOME
TESTIMONY
FROM
. Emmett Blackshear, M. D.
JMacos, Oa., July 14,1884.—I take pleas
ure In adding my testimonial to the sup*-
|rior excellence ol your Hewfarfl Bread
Preparation «flaking Powder) as an arti
cle healthful and nutritious,Ho long as ta*
pertfne wheaten flour is made use of for
bread-making, so long will there be a ne
oesslty for restoring to such floor the no-
» •-l.-ments of which it is deprived by
the refining process; and so far as I am
avva;**, tl.is iu the only baking |*owder In
the market that possesses that quality;
while In giving lightness snd poroeitjr lo
the bread, whether made of vij-^rtine, or
unbolted (Graham) flour, tiiers is non#
better. Yours respectfuliy,
(Bigned)
J. KMMETTBIaACK^HKAK, M. D.
FOR8ALEBY AUOR0CKB8. TUY IT
sei>3we«i.frijninAw€ii
CONSUMPTION!
WORM m
MOUTH WISH and DENTlfHI