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mmgm ■n ■HSHB 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