Newspaper Page Text
CONSTITUTION pi&ffciLr ' c> co.
ATLANTA, GA., TUESDAY", MAY 13, 1879.
VOL. XI., NO. 47
SEND FOR TdE DOCTOR
A SPLENDID TISIE TO BECOME SICK.
kntmW.Mg of tits Ttirttat. AbbbsI 8*rio* of ibo
Aa.heov Msdlesl Airocistta*-Miras of
W«loeas by Dr. J. P. Log**—The
BuikM E&tersd lata.
On Tuesday. May G. the American m
cal a>*o< ration convened in thi* city.
J. 1*. l/gan nrlcen*cii them ax follow*:
ahmudml
Mr. President and Members of the American
Mt-vUcal A«M«rUtUm: In aecr.nUuce w lih tha ap-
nntment at your meeting In buffalo in 187*, it
m my honor to receive yon: and, in
r with ci
point n
Lmimi JHH HBHHH
fm-mlty with cantooi and propriety, and In behalf
o# tlie tool teal profsaMtou and people of thla city.
Hi* ray plranatt! duty to erect yon with a lew
»thla ho-
n. I route** that my heart failed me when I
frail the long mUtogue of altrartio im of various
dcfcw. **j^re-cnte«l by my prcdercaaon In thi* io-
attlon. The grandeur and baauty ot nature hy
which a nmntier are surrounded, the vu*t
prop .rtioti* of other*, the work* of art
and ardt-nec and benevolence which are
con.piruoiH feature* of many of the >i, the
evtdeHOM of a pmfnne display of elegant and re-
- ' * " *" ‘ilMuif hy all. were not cah-u*
flo»sl tmapItaUfy c5iii .ii™ Itf ail, were not eaieu*
Bated to give me cmfiilcwe in alluding to the ad
vantage* of thi* town until I recalled the remark
of ao«i»ctmaty, <1 to kpol authorltv, that
prcM-ut ihincmdona and iraportann
year* ago Atlanta wa* nlmplr a railroad termini:*,
but under *ome myateriou* influence,. already al
luded Pi, It h*d grown tip at the time of the lute
war to a niuart little towu of *ome twelve or tl fte* n
Uwmirand inlinhlUiiU; but with the dcaolatiou* of
that j«ertod it wo* lit* rally burned np, and »carec-
ly one *i»ue wa* left upon • Bother; hut vet. a*
under vl»e |*>w>r ol conic tangle wand, it ha*
sprung In little more than a decade, into a city of
forty thoumiid p*Hipl<>, and to-day, in all
the sutwtaulial element* of a city, U increaalug
In lmiHiTtat*ce, hi fully a* rapid a ratio a* at any
*•! of her hivtory.
xert* of Augusta had tendered the associa
tion an excursion to that city, and tiieonly
objection he had to iw acceptance was tl»e
yreat beauty of that city.
f>r. Campbell, of August*, ruse ar.d male
a few remarks urging the acceptance of tins
invitation,and promished the association a
real old Georgia barbecue. [Applause.]
* Some of you don’t know what that means,
but if you will ju-t come down and see us
we will show you bow elegant we can make
It. We will not take no for an answer.”
[AppUiue.j ■
<>. m mu meat ion* front members unavoid
ably absent were read.
The next business was the annua! address
of the president. Dr. Theophilns I’arvin, of
Indianapolis. The address was beautiful
throughout and was full oC deep thought
and analytical philosophy of medical sci
ence. It* glowing period* were delivered
with a feeling which held the clnaest at
tention of all who beard it. But for the
p.enniire of space we would publish all of
this eloquent address which was enthu>i-
astically applauded in many plares, and
lef* an impression that will not soon fade.
We cannot omit the conclusion of (head-
dress, which was as follows:
Since we lost met Uigetber, less than a year ago,
hundred* of oar profearian have fallen victim* to
m* ridian of tbefr power* a.d of professional
raws. Other* were In the fair morning, with the
nrotnixeof long yean and the hope of high honor*,
tan we lielieve that theselieroic men live only in
the memory of their friendst From all tlie
martyr memories of noble men and woman, in
every age, who counted not taelr lives
protest aninst denial of
Accepting gratefully all the fact* of sdenee, let
u* beware of rejet f "
cai.at.le of mathcu
i* lling our ament
mur lie truths more
whisperings of hope th_. ,
Won. The poet tell* of the seaahell when, iu
1**1 Uhed lip* iihakeu and appl .ed to your attent
ive ear:
'And it rrmemtient Its august abodes.
And munnuni oa the ocean murmnred there.'*
8<» we may hear the deep but distant murmur of
the immortal wa a* it beat* against the shov* of
lime, ready to bear upon ita mighty bosom the
children of men from life to life, aud the law of
•nlinuity tie found as true of the spiritual as it
THE COX CASE.
r. m> friend*. *at tl<
i . .... :
w, but
We have not. how*
Ignoble lamentation
have gone to work w.tit energy and del. rinina-
tkMi to rebuild and make la-tter our desolatol
plocra. and yet with all the presumption ai d
mvoiery whieli him surrounded our history, Mimc
thlngofour pn<rcM* inust I* attributed to the
fart that at an early pert.id after the war la-twee
" s Mates, Atlanta* *’ *—* -_
the
WL I the loituml. If hut partially
developed reoiuM-e* which go to makeup in
empire, a* exhibited In her v.«*t »ttrfa«><- of fertile
and kindly aoil. uiln it* varied pnaluctlona of
cotton, corn, wheat, rice, nugar and luw-Ioii*
fruit*, her illimitable water puffer, her extensive
mineral d« |*wit* ol iron.Jmppcr and gold, her bay*
and river* teeming with h*n and oyster*. and in
a Urge portion of her territory and e*preUUy in
the elevated region in whleh Atlanta m found, a
perfection of elimute and mlubrity throughout
the year, not to la- tound in my judgment <*fi. r
ycarmof Invmtlgntloni anywhere else within the
brood area of this union.
Homethtug miiM «l*o lie due to the
ehameter of the |ieopliMif thvirgla, oh It I* their
pride to l«e progressive, and in thla respert At-
loiita perhap. tnori- dwidedly typically reprewnt*
and vigorously eralaalie* the #i«lrit of our growing
common w eal ih, than an v of her many thriving
eltie*. Forgi mug the Hung* that are la-hiud and
looking forward Inth-ee mat are la fore.whatever
taconinieual with the advancement of a practical
dvili ’ .tloii. intensl* the citlxen* of till* *ute a* a
people, whether It la’ the reform of kUtcsroait
ship, the Invention* of mechanical geniu*, the «i|c
erntlou of great chart tie*, the hencthii-nl mlii*
Mration* of n-llgloti. the regulation of the min-
preticuiMVedcbnlHof comnu-rcial traffic, tins wlo;
anltilion of the tuightv problems of railway trans
portation or the loitiling my«tericM of uu-«tlcal
•rlence lu Ihe unwliisii mlsaion of relieving hu
man suffisrlng, there I-* an Irin-IIlK-cnt interest and
a seal* mi* no-oprration that have betsune to In;
state rhamrteristir*.
Atlanta ha* given evidence* that she i* not iie-
hind the balatn-e of our common wealth in this
spirit of sym|Niihy with every f»nu and pha.-a;
3 moral, social.
4-lenUfle advaiu-emeuL
Aud It la a practical rtN-ognltlon of tlds
Spirit that rite ho* is-ett honore.t by th
but lutcrnatioual M-oi«e. she ho* Inm-ii delighted l.
entertain, lathe hot few years conventions of
vmllmad magnate*, religions reh-hrities. masonic
dlgnitsries.coinnter ial princes, and political Itw.l-
nti v soul hern In its hiwrtiiiem L also broadly
Ualtiolleatid naiional.
la’l u.e la g you not to In* precipitate in leaving
u>. toil look into the mystery of this town, and in
acco;dance w Ah one of the nnwt prominent char-
*h»TO the constu
W wild sugaest that '
you as our fellow eitlaeua.
To you a* physician* it must lie interestii
to know that there Is found an alnn ...
entire exemption from malaria aud tuber*
original iug iu this region)
any apprehension of
‘ • many
u sui>i»H.-lix' ~
ecu thmwi
• tin* deelng thousand*
ltd lldsbrtui
n.lty foi
great
inaunsi ocmousirmuoii, ana cora-
t to absolute necessity. There
Ml* important, but lean open;
I* that are sure promise of rrui-
festivities over thedcad.if with somethi;i|
of the glad dream of hope, if uot in the glory a
trlunij.il, we can adopt the familiar words of on
*ra« so Is transition
Is he
lion, w
opportu. nPMMMMNHMMPOT
question.4 the hour, upon the wise Miluti.
widen driicnda the most inomcntnuii and vital in-
trreds of health, Itappio ess and treasure to tlie
whole people of this vast couutry-
The atand resuits whit It have been accomplish
ed lu the past In originating and building up
sanitary -elcmv have U-en tlue to the medical
pvytfeNsioii, and yon have now in addition to the
BMtuy tdlter im|>or1aiit anti Interesting iuvMtigS
thin* widch demand your attention,
tne impress yon mny make upon
the action of the nuliomtl oanitary body
now iu .x»ntvmis»ratiei>u* KowUm (to which you
are Invited). srcu*U>etcsl a* you are to M-lf-sucri-
flciitg toll, an opistrtu ilty to engage in a " labor
nf luvv and a woik of merry, Ur transivudi tg
Ihe gratification of laiul*ra|ie, art or social life, iu
this solemn period, when the people of a large
portion of Ihe land, having just emerged flora the
ravages of Uh* .i- tdlr plague, are now waiting,
as It were on tiptoe, with deep apprehension, the
apprtNM-h of another season, which may renew
the horror* of tin* past year.
As eon ally appropriate, to' the present occa-
ahtn and to tne Intervening history of tht*dr*->
latifig plague, craving y< jtfh -
Whore portal we call death.
Dr. llrotlie, ol Detroit, moved that the
m ention return its thanks to I>r. Perrin
r i*i.s eloquent uthSrca*. and that u copy of
it be requested for . ublication. The entire
aHsociation rose in answer to this request
mid loud applause.
On 'notion nf Dr. Lngnn, theex-presfdents
f the• association were invited to seats on
the singe. In response, I>r. Daria, of Chi-
•ago, llr. Gross, of Philadelphia. Dr. Jlich>
ird.Hon, of New Orleans, and Dr. Toner, of
Washington, came forward and took seats
i the stage. Dr. Fuller, of Maine, pre-
ied during this stage of proceedings.
Some pa|*rs on various medical problems
id experiments were offered and referred
appropriate section*.
Dr. E. .Sequin, of New York, presented
the rejmrt of the committee on toe metric
tynietu. The re|sirt briefly sketched t »e
mccess of the system and offered in condit
ion a resolution declaring that the associa-
ion adopt tl»o metric system, and that in
future all correspondents adopt it, and that
druggists and physicians endorse and pro
mote its popular use. The full re|>ort will
be found on the third |»age of this issue.
The adoption of the report and resolutions
wa* moved.
Some discussion was had as to whether
the resolutions should be adopted at om-e
or delayed until some alment members
should come in. The motion to postpone
■'ie consideration of the rei>ori was carried.
An amendment to the constitution pro
viding for the cons* didst ion of the sections
on medical jurisprudence, cheiuistrv and
Itftychology aud the de|iartnient of state
medicine and public hygiene was adopted.
Tlie section was placed as number four.
.Several inquiries as to eligibility of
Dr. Keller offered an amendment that the
mittee on nominations be restricted to
present members.
Dr. Davis rose to a point of order that
the amendments were not in order the first
day. The point was ruled well taken and
the convention adjourned to nine and
half o'clock Wedmsday.
TOLD BY PR. FULLER
And Answered by Hon. B. H. IIII1-
Tbe Monumental Lie or the Century
Iterated.
Lewis County, New York Democrat.
The following communication was re
cently received by a citixen of this place
from the ilon. Bettj. II. Hill. United States
senator from Georgia, in answc to a letter
of inquiry addressed to him, asking for iu
formation concerning E«v. K. Q. Fuller,
some of whose statements, made in his ad
dress before the Northern New York con
ference at Lowvilie recently, were consider
ed of sufficient imiNtrtance to demand en
quiry. Senator llill is a well-known mem
ber of the M. E. church of Atlanta, Ga,
the home of I>r. Fuller. The letter will
explain itself:
I’siTcn State* Senate Chamber, Washington,
April 24,1S79. Dear Sir—Your letter of the 11th
lust., wa* received several days sgo. 1 have de
layed this answer waiting for some information
concerning the man Fuller. I do not know him
lN>rM>nally. He lx. I learn, the editor of a paper
published in Atlanta, Ga. called the Methodist
Advocate. The paper has but little circulation
.....—• 1 — * he money
> the low-
THE LAST SCENES IN-COURT.
The Blitsawt ef Cox—The A gwaxat—The
lodge's Ghorfs to ths Jiry—A Vtrdict
cf Gaiity with Reeoamsada ioa ef
Msrey — The Btatesce.
frytm what 1 h*«l
unent in tvia-atlng * brU-t ex tract
u* writ.- *u the voncla-
late l*our>J of health to
vott uMrgia.iu the win-
the v idtc.thm of tliat yt ar
itliate , whkNB
dtkw. I tlw-n said. *
dcnce. that. " For -.11 prwrtioal purposea, it
ueccaaary U* demonstrate whether yelhm fever w
ala ay* imi*irtol, *»r whether under certain |nnu-
Ilar and exceptional ctreunkstanees it ari*.-*u|*<»u
our coast from local cause* alone. That it can he
tmpocicd. and will, or can become epidemic fn tn
the no»l»vt of proper Nanltary NKUhtiauia ivr
taiu hfcalitic*. w ill not be questioned. That it
may be Imported and not become epidemic m the
otaence of the cltvuinstances which favor Its pn>-
Mgatkm will also twadmitMa without discumion.
Tlw very warm wmi.Tt, therefore, which ho* t*en
earriol «»n f«>r nutnv ) can* in regard U» the exotU-or
bawl causes ol yell .w fever d«KW not seem to be
cities of the case,or the impor-
■"oucluaions of a «lefftiitechar-
poHdtdluy of exelud-
juslilicsl by the to
lams- of arriving i
oeter with refervt
tug It altogvther *
Let the fact* of troj*>
epidemic from\mr sho:e*.
auo:i or local origin, or of
w* argument Is needed to
>*n that no mean* of r>re-
e*t M'ctioual pamUuuu
You say that this roan addressed the northern
N. Y. St. E eonfervn. e on the afternoon ol the
10th Inst., on the condition of the sooth and f reed-
men, in which he said that “in none of the ac
count* of negro outrages which we read In the
new*i«pers. are the negroes the aegrersors. but
In every Instance the whites; and that every ac
count we reed of the outrages oa the negroes u the
truth, only it is a hundred times worse than rep
resented.’' You report him as farther saying that
- after the last presidential election a negro was
mixing from the vicinity in which he lived, and
that he (Fuller) with two others were deputed to
drag a pond in the neighborhood, in the search,
and that in this pond they found the bodies of
sixteen murdered men—fourteen negroes and two
whip's, etc ”
There i* not one won! of truth in these state-
They ore miserable slanders, entirely
v (, irB wicked and nefarious nur-
,1
leas manly and truthful.
How long will good peopxs m i
such criminal hypocrites to plaj upon their feel
ing* by such manufactured outrages, in order
get thetr money?
tod. the value ««f an enlightened and
tnw.vwtKh *y»nm nf internal sani:*r>
rogtilatkm* eaunot be e>um*u>!. In both ix'int*
of view, the fact* developed in regard to the re
cent epidemic of y«ltow tever upon our coast is a
a_d ev*uimu.ury upon the wixtom and fidelity of
UdU»t-de ami Uval authentic*.” Not K-inga
stalvsunau and this not Udug the time or the oera-
Aon to dix'UK- the question ol ic*l, nd or state juris
diction, whh h 1: - ■ -
Ute, IwUlsUU
through
have been bled by these bad men. Abuse and
slander of the southern people Is the professional
‘ — following fora
^ and Intelligent
people should coatinue to^wcome their deluded
•T .r— * * — 1 remarkable features of
la grtei
the tell destroy >.
■ H. e u» be insensible
lamentations of widow * and orphan* and the
wreck Of boon > and fortune, 1 tor one, would
gladly welevum- th • intervenUou of the paternal
care the gen* a! government lit the effort t»> save
Ute liver ot tl; p->«ple. even though it be at the
vxpruM-of *i>« .-vUed |«>UUeal Idea. The prin-
citaiw an non i.d ran. 1 conceive, provoke m
heated dir. mhi among enlighteued aud philau
thro|4c tm u. aud offer* a platform of efficiency
tu my judgment broad cuough and vvu
scrvaUve enough for all practical ?aui-
tariau* to stand upon, and the high ends In
dicated, to the aorompUshawatof which your at.!
b Invoktrt, opens up a problem of life and death
of science. ptuLnuiropy and art, enougn for any
heart and brsiu.
gtvx> ot medical
and you haw Ik-1
than the present. Our |>e«»ple give
deparuneuts.
mcvUug
greeting
are doing more to bring discredit on
en, and peril oa the country «<* disgrace
civilUaaon, than all the profeadonal
demagogue* i
engaged In a
that clerical hypocrites, political
* • ' ' ’ sggers, are now
to revive and
In our last issue we published tlie evi
dence taken in the case of the State vs. Cox
for murder. We give below the statement
of Cox In full; a brief synopsis of the atgu-
ment of counsel for the prosecution and for
tlie defense; the charge of the court in full,
and the result of the trial:
the prisoner's statement.
Mr. Cox went before the jury to make his
statement.
General Gartrell told the defendant to
make such a statement as he saw proper ir
regard to the difficulty between Colonel Al
ston and himself.
MB. cox said:
I was bom in Morgan county. My father
was i.amed William Cox. My mother died
when I was at the age of nine years. My
sister, Mrs. Hanson, being the oldest, took
charge of me. My father died the followixvg
year and Mr. Hanson became uiy guardian.
I went to school at Madison and from there
I stent to Weat Chester, Pennsylvania, and
from there to Wilmington, Delaware, to
school. I had a sister at school there.
a there I met my
wife and married her when I
was eighteen years of age. Then I came
home and the latter part of the year, when
the war broke out, we raised a company in
the county and 1 was elected captain. tVe
tendered our services to the confederacy,
but it was not receiving any troops. I then
went off to the 2nd battalion of state troops
and acted a* sergeant-major of it sometime.
I came back from there and went to the
western army and remained there uutil the
war wa* over. After the war I came hack
and went home and commenced farming.
In 1871 I came up to DeKalb county and
looked at a place next to Colonel Alston's.
I did not know hitn then. I met Colonel
Alston for the first time at the
wafer-station. He asked somebody
standing there who was the gen
tleman looking at Mr. Wells’s place. J
was on horseback passing and was going
down home. 1 uad bought a pair of horses
and wa9 taking them home. 1 told him
my name and that I was the man. He
gathered me and insisted on my going home
with him, and I did so. The next morning
we went over to look at the place and 1
raised iny bid $500. I bought the place on
his account. From that time on we were
warm friends. Hardly a day passed that
we were not at each other’s house or with
each other. Di 1876 Colonel Alston was
very much embarrassed and General Gor
don sent for me an-1 wanted me to go into
the convict business with him. I went to
General Gordon and he made
some propositions which I did
not accept. lie then made further proiiosi-
tions to give me one-half the piofits of the
business to attend to it. Colonel Alston
was my partner in that; I divided with him.
He was a silent partner. Whatever inter
est Colonel Alston had in the chief keeper’s
place and his law practice, and anvthiug
else, he was to give me one-half. I divided
with General Gordon and divided my half
with Alston, each having one-fourth. Gen
eral Gordon fixed the contract and said he
was glad to see us doing this. That year I
didn’t get my convicts, as all the arrange
ments were not completed, and Colonel B.
G. Lockett kept them. That year he paid
me $500 for their hire. I gave Alston $250
of it. 1 came up here just before the meet
ing of congress, and Colonel ’Alston was
then embarrassed, and I gave him
the money to go to Washington
city on a claim be had. He went
and got the claim and got $15,000, which
he refused to divide. He then said that he
wanted no more interest in the convict
lease. I then stopped that, but we were still
friends and kept on writing to each other.
I came up here from southwest Georgia and
took a stand for him for tlie legislature. He
drew up that contract between General
Gordon and myself, and told me he would
never hurt my iuterest in the convict lea*e.
He gave me his plan of what he was going
to do in the legislature about it. I went
back home and became encumbered on ac
count of the separation from General
Gordon, and all tuy property was mort
gaged. I got a notice from Mr. Calhoun to
come up here at once. 1 got it on the 9th
and 1 arrived here the morning of the 10tli
' March.
Colonel Lockett, the Chief Keeper, I)r.
Raines and myself were in the sleeping
t up* and gut my breakfast and
went over to Colonel Alston’s office. When
got there there was a gentleman there
whom 1 learned was Mr. Jcste Walters. In
that office was Colonel Alston, and it was
the fir*t time I had seen him since the ad-
t ourment of the legislature. We shook
lands very warmly and were glad to see
each other. Before 1 got in there I heard
Alston eulogizing me to Walters. When I
got there 1 asked Mr.Calhoun: "You wrote
to me to come up here; what for?” lie said
Colonel Walters wanted to buy my interest
in the lease, and 1 understood that he was
purchaser, and 1 replied rather
indifferently that I did not know
about that Colonel Walters took
out, and wanted me to make him a
proposition, and 1 said I did not under
stand the matter, and did not know bow to
*i> so now. but would meet him at three
'clock. He said if 1 sold to him he would
pay me $100 per month and furnish me with
all the horses and servants I needed to wait
on me. to take charge of his interests and
property and manage them for him. I said
if 1 sold out I did not want anything more
to do with the convict business; I wanted
to get out of it. Then he said he would see
at 3 o'clock. Then Mr. Calhoun took
out and into Captain Bray’s office and
asked me what I would sell for, and I told
him $5,000 would not pay for what there
was there. He was anxious for me to
sell, as he was to get get a fee of
$2U0 if I made the sale through them
Then I saw Colonel Alston and he said 1
would have to pay the 44 bales of rent that
year. The difference between 50 bales
and 44 bales was this: There was a diffi
culty between Genera! Gordon and Mr. C.
B. Howard about a disputed line, and it was
alwavs a bone of contention between them.
‘ said to Howard if General Gordon wanted
11 him that land I did not care, and
would not be in the way. They left it to dis
interested parties to decide and they as
aessed six bales to Howard that he should
pay, and that left me 44 bale; to pay. At 3
o'clock I met Mr. Walters aniwe had some
conversation, and I refused to take less than
$3,000 for my interest, as Colonel Alston wa>
still claiming that I was to pay the
rent this year. Walters said there would
trouble about paying the money fur
_ _ rtod conspiracy to
increase sectional antmosraca; and
the senate chamber, the public prow and the fire
side are all vigorously u»ed to promote the wicked
To what extent they will succeed will depend
altogether upon the extent to which the nortnern
people are willing to be deceived. If the stories
.4 such creature* as this man Fuller are true, the
southern people ought to be outlawed a* barba
rians. II they are not true, then such men as
Fuller ought to be outlawed from the church,
from the state, and from all decent soricty. as vile
• righl-
commcnaurale with your gnuid tuition and
august character.
thisM-aton of yi*ur body will result in Ix-ting
claim* of that dijaiitidi and humane
tiling, whose skilful and charitable coutribu-
itoua *w **• uicetitly demanded by the whole
human l*im. v, in.iu infoucy to old age.
And now In couclusdiai. I am sure that Icon
safely predict that the Interests excited and the
friendohin* formed here will be the U*l to be for-
gotmo. What we lack m tnurv»(. we hope to
make up by the hear tinea* with which we offer
that we nave
The*
nmSB
Wwl l»c.
hypocrites seeking lo filch a living from harem*
but deluded people. If oar northern fellow- i »‘-
rim could ascertain the real truth oa this
we should at oace have a country far more t
ful and prosperous, and a church far
ou* and r oly. . ^
surely all good and bone* men ought to
willing to ascertain the real truth or falsehood
thi* man Fuller’s statement*. Why could not the
people whom he add reward appoint reliable per
son* u> go to Georgia and require this man to
point out the pood he dragged, and show the
graves '4 the sixteen dead bodies be saj
covered? ..... ,
Such a statement Is capable of absolute proof,
if true: and it false, the northern people ought *~
adopt measures to protect them*
repetition. Yours very truly.
the trade. He said ‘‘that will be all right
Cox; Howard cannot raise the money and
you will make it anyhow.” I went down
and met Gignilliat and went in and took a
drink of whisky and went on home on th.
train with him, Alston. He said: “Ed.
come back to-morrow, for Howard wont
raise that money and I will make that trade
for you.” I said I didn’t want to come un
less it was pretty certain, as I had some
business to do in Decatur that day. He
asked me to go home with him and stay all
night, and I said no, that I was on
a flying visit up here and had
some convicts down here to carry
back, and so I went borne, he teiling
me to be sure and come back in the
morning. I did so on the train next
morning and he was on the train
We were at good friends as ever. I went
in there to Alston’s office and he
asked Calhoun if he had seen
Howard that morning and Calhoun
said “No;” he said to Calhoun to write a
note to Howard and tell him thistrale
must be closed up by 12o’clock or it would
be off. Then Colonej Hill came in there
and asked something about it. Just about
then Lockett—Colonel B. G. Lockett—who
was president of penitentiary company
No. 2, and Mr. W. B. Lowe came to the
door and called jo Alston, and
they stated in the presence of myself and
Colonel Hill, that he, Lockett, as president
of the company, objected to his selling the
interest to Howard, that it was not agreeable
to be associated with Howard. ADton said
to me "that breaks up the trade; that fixes
the trade for you all right,” and said to
Colonel Hill, “you go down aud see Lockett
and get him to - object and break up tj»e
trade and accept I Wil8n.” CofontT Hill
said, “you come and go with me,” and he
said “all right” and went out. There, I
u a little too fast.
Before then Howard came in with some
money in his hand and seemed to be
excited very much. He was white
in the face—very trnle. After
sitting down awhile he said
“colonel, let me see you,” and they went
out. While they were gone Colonel Hill
asked me "how much money do you think
there was there?” and I said I did not know;
that 1 saw a $20 bill in the lot I do not
know how much he has got. He came
back, Alston did—Howard did not re
turn—and he was folding the money up and
putting it in his bncket-b >ok. Colonel Hill
said, “Has he paid all the money?” and
Alston sail, “No.” Colonel Hill said,
“How about it?” and he said, “Well, an
hour or two does not make much difference
in a compliance of this sor%” and that
Howard was a bad-tempered man and he
did uot want to have any difficulty with
hint; and then it was they proposed to go
and see Lockett to get him to object tu this
thine.
Then we talked there about the cotton
matter and me and Mr. Calhoun joked some
about his loving money so much. Befurc
that I said to Colonel Alston that I thought
he ought to go aloug and do what he
thonght was right about it without anv re
gard to anybody el>e. Then Mr. Calhoun
wanted me to go and get a glass of whi>ky
and we, that is me aud him and Mr.
Sams, went down and met Mr. Thomas
Alston and asked hitu to go along. As we
went along Mr. Calhoun said “you and
Alston are the bangingrst men to quarrel
1 ever saw. but I see you understand each
other.” While we were in taking a drink,
at the Reading Room, I think. Colon.'!
Alston came in and I called him and
asked him to take a drink and
he said “ no,” he did not want to drink, and
1 asked him to take a cigar and be said
** yes.” I said to him 1 wanted to see him
privately, and we walked out aud went
back into the barber shop and took seats in
the I»ack part of it. We always talked pri-
to
the lease if he bought it, as he had plenty
to do it with. He asked me if I would take
920 a piece for my hands as hire, and I said’
f 1 did not work them I did not want to
have anything to do with it; what I wanted
was to get out of it. We did not agree, and
Mr. Walters went on down to see about
some money that he had dropped In the
treasurer’s office. Colonel Alston then
walked in aud said that he had met Wain
and we had uot traded yet; Walters had
told him so; and Mr. Calhoun said “No.”
and he said my price was too high, aud
said of course 1 could not take le:
than $3,000, for I was to pay
the 44 bales of cotton. M*. Calhoun said
he understood I was to be released from
that, and I said I did not so understand it.
and Colonel Alston was sitting on one side
of his office and said: “ Yes, Cox: I will
release you from the 44 bales,” and Calhoun
insisted on me to go and trade with Wal
ters, as he was to get the fee of $2U> if I sold
to Walters. I went up to the capitol and
ately about our convict business. He said
0 me “ Cox. this thing is all right, and the
trade will be made all right. You have
made a good thing out of this and $200 is
not enough for me to get out of this and
you must give me more.” I said, “ Colonel,
you know I cannot do that,” and he said
“you know I have released you from pay
ing this forty-four bales of cotton and you
get all of that now;” and I said “ yes,
but I fell in my price from $3,000 to
$1,500 on account of that. I did
that to get rid of having to pay this
coiton for I could not have lone it unless I
had been released.” He said “well, you
make a good thing out of it anyway,” but I
said “Colonel.you told me to make the trade
that way, or I would not have done it.” He
said then, “Yes, but 1 have saved you this
cotton and you must give me twenty-two
bales of it—half ot it.” I said I would not
stand that and told him I could not do it,
and he said then that he could not do the
other thing and the trade wou’d not be
made. I told hitn all my property, all I
bad down there in the world was mortgaged
and that to take this cotton would break
me up and take tlie bread out the mouths
of my wife and children, and I could not
afford to give it up. Then he said if I did
not do it he would break up the trade. I
said if he did that I would expose him and
all your damned crowd of fellows :n this
whole business; that I would expose him
and his action in the legislature about the
convicts and his treatment of Billy Giant,
and 1 said something about what I would
tell, and when I said that he said “Cox
that is a lie!” and I said something else
that I would tell on him, and that 1 won't
mention, and he again called me a liar and
1 said to him: “Colonel, you kuow I do uot
take that from any man and
you call me a liar agaii. .
will knock you down!” He said “you
are a bigger man than I am, and you arc
trying to take an advantage of me.” 1 said,
“ No, I didn't want to take any advantage
of him,” and he said, “You are armed;”
and 1 said, “No,” that I didn’t have any
thing in the world but my pocket-knife.”
Then I asked him, “Come, colonel, let us
sit down here and settle up this matter be
tween us, and close up our business now.”
He said “ No,” but said, “ Will you go and
arm yourself, and fight me?” and I said,
“ Yes. I would fight him any way he wanted
to, but let us settle our business first” w*.
said, " No; y*»u have promised to fight
and I said if that was necessary I would
tight him any way he chose, and cut it out
shoot it out He said, “then go and ar
yourself and I will do the same,” and just
then one of the negro barbers who heard
him talking came in to interfere and I told
him, “you go away front here. You have
nothing to do with this matter,” and he
went out again. Colonel Alston said, “you
have agreed to meet me here and tight me
and as he got to the door he
took out liis watch and with it in his hand
he said, “meet me here in three minutes.
He went on out and 1 went out and into
Pause’s saloon, thinking as it was a bar
room, and knowing they nsually kept a
pistol about such places, that I would
get one there. 1 went in tnere aud
saw Mr. A. L. Harris in there and Mr.
Hodj,son. I pulled old fatty (Harris) up
and about, as 1 usually did when I met
liim, and asked him if he had a pistol, and
he said “ no; wl.at do you want with a pis
tol?” and I said there was a little trouble
up between me and Alston.” He said
“ with who?,’ and I said it was with Alston.
and he said “oh, pooh! you ain’t going to
fight Bob Alston,’ 7 and rather laughed at it.
Then I went to Mr. Hodgson and asked him
if he had a pistol, aud he said “no;” and
then I told fiim he was an old college mate
and I wanted him to stand by me and if he
went back on me 1 would curse him.
went on from there-to Heinz and asked
Heinz for a good pistol and he ga'
me one. I told him to load
and he did so and I (mid hitn for it and
came away. They say I held my hand on
it, but, gentlemen, the reason of that was it
was heavy and pulled my pains down. 1
wasn't in the habit of carrying a pistol and
had no pistol pocket, uor suspenders, and
the (>ocket being shallow, I held it that way
stopped, and not knowing the business tliev
had, 1 motioned to Nelms and he came and
said, “Come in, Ed.,” and I said “No; have
yon seen Ches. Howard anywhere?” and he
said “No,” and to “come in,” and I said
“No” again, but be insisted on my going in
and sat down near th»4rindow. There was
a lady in there, and I looked at her and re
member her. She looked about 40 years old
and was dressed in a dark calico dress aud
had on a black veil. I sat there a few mo
ments, and then I got up and went down to
the treasurer’s office, ana as I went in Col.
Alston was sitting there; As I went in he
said to me, “Cox, I have reoonsidered that
matter and won’t meet you, aud I don’t
want any difficulty witimou.” I said “Col
onel, you have treated nle badly and tried
to wrong me and ray wife and little chil
dren. and you must settle this matter.”
I meant by that ray business affairs with
him, for it was necessary and important
to mefto do it. I did not mean to have a diffi
culty. He raid to me ‘'No. I do not think
so; he had not wronged me.” I sanl “Yos,
you have ami you must settle it some way.”
Colonel Ren true came up to us tbeu with
a paper in his hand and. was very excited
and trembling, and said:* “Gentlemen,
gentlemen, don’t Iwre- anv dtf.
ticulty m here.” i had turned an’d closed
the door, as I wanted to {alk of our private
matters and there werfl; persons poising
about there and I did not want thorn to
oomc in. 1 turned to Colonel Kenfroe and
said: “Colonel, I assure 1 ' you I will not
have any difficulty and that 1 had shot tin
door so as not to attract attention;” as Colo
nel Alston sq>oke loud in an excited
l rat ‘ Mr. Sams
there at'the time. &lwre WasUlittle
mark on the door there about that pia :e
and I got up and went over by it and put
tuy hand upon the door and pressed it to,
but just at that time Captain Nelms
1 saw coming in very rapidly. If I got hold
f the door—i do not remember whether I
did or not—it was to go out of it, but when
1 got hold of it, or to it, Captain Nelms came
iu and Colonel Alston became more cxciUd
and said: “You have beeu following me nil
day fora difficulty” andl said “no.coloii# 1,
I have not. I do not want a difficulty’ with
you, but I do want a settlement between
us.” I saw he got very mad aud excited.
He said “don’t you want to shoot it our,”
and I said “I will beard the next train wish
you” or “I will board the first train withyou
that leaves the city.* He said again “do
ou want to shoot now?” and I said any-
ime would suit me. Colonel Alston was
there and I was right here and I saw
Colonel Alston get up and as he did so
jut his hand iu his coat here and flirt it
. ust that way. I was watching hint and
could have killed him then if I had wanted
to and as he walked off he said, “Do you
want to slroot now?” and I said, “lam
ready whenever I am oppressed.” Colonel
Alston wheeled and as be did so Nelms
came in between us and said “help! he!;*,
men!” and said to me, “Don’t, Cox, don’t!”
ar.d he placed himself just iu
this way with his hand on
Alston, and Alston in this position (illus
trating with Colonel Candler and Mr. Jef
fries) placed his hand on Nelms in this way
and tried to shield himself as much as pos
able with Nelms, and then fired two shots
it uie from that (tosition. Nelms did not
see him, for he was looking at me, but as
soon as he got loose from Alston he ran
back this way (backwards), and as he did I
tired on Colouel Alston.and then he charged
— s ust j n ihs s direction, aud he shot
the mouth and 1 fell against the side
of the house so; and there is where the
dodging was done that they say
I did. I did not dodge,
but the shock staggered me,
and 1 fell here. As I did so I threw out
tuy hand that way and he shot me in the
hand. I got up and my liead was all in a
buzz from the shot in my mouth and I
could not hear the firing; the room was fu'l
of smoke and I was confused, but I saw
Colonel Alston about to fire and I fired at
the biggest bulk of him that I could see. I
saw his head turn and be began to sink
down, and as he did I saw him attempt to
shoot me again. I was shot in the hand
when I was down on the floor. He was
shooting at me all the time I was then;.
When I fired and saw him sink down,
1 stopped and turned and looked around
the room, and, as God is my witness, gen
tlemen, there was not a soul in that room.
I turiu-d aud sat down on a chair and laid
tuy pistol on the table.
No man regrets this, gentlemen, more
than I do. He was my friend—my bosoni
friend. I never intended to kill Colonel
Alston and my settlement with him tueaut
my business with him. It was a matter of
dollars and cents and involved the home of
my wife and little children.”
markably clear conception of the req” : re- ing and consenting, and If in a rencontre thus
menta of his cases, and seldom fa; .-« to brought on, the prisoner slew deceased, it would
make the most of his facts aud ^ T ‘‘} u ® t * r Y manslaughter only.and not murder.
opportunUia, A j Sg
man in dealing with a case, lie be- if m a previous and deliberate intention tobring
comes powerful by reason oi the fairness <» ’ a fight with deadly weapon*, and amounting
and the zealous honesty he displays. In his
admirable and consummate handling of the
case yestc. day he developed new resources
and higher capacities and made the
happiest and most inconvincible argument
of his _ career in office,
lost no point in the state's case and ......
that peculiar faculty that belongs to him of
painting the hideousness of crime in its
de«j»est colors, he fairly won the enco
miums that were everywhere spoken of his
Monday witnessed the beginning of
the end of the great trial of Edward Cox
for the murder of Alston. All the testi
mony hud been carefully brought out upon
both sides and had been patiently and care
fully listened to by court, jury
and unnumbered crowds of spec
tators. A quiet and beautiful Sabbath day
hud intervened between the dismissal of
the last witness and the words of the first
one of counsel lo engage in the argument
upon the case thus made up. Every one
was fresh for the renewal of the strife—the
legal combat in which the life of a mortal
an was the fearful prize. It was
be a life and death struggle
THE LEGION LISTENERS.
From the very moment the doors of the
court room were thrown open the seats be
gun to be occupied and a stream of ladies
and citizens continued to arrive at these
doors long after every inch of available
spare in the room had been occu
pied by the eager throng.
Even the judge’s stand w;u
covered with |>ersons up to the very chair
in which his honor, Judge Hillyer, com
posedly sat directing the trial
The front rows oi chairs were occupied
by many of the first ladies of the city, who
remained throughout the day patient and
interested, listeners to all the proceedings of
the occasion. Among other witnesses to
the scene we noted such distinguished
visitors as United States Senator Gordon,
Hon. W. L. Scruggs, United States consul
to Chin Kiang. Judge Montgomery, of
Augusta, Judge John W. H. Underwood,
of Rome, State Senators Grantland, Howell,
Harrison and Bryan, Colonel J. M. Russell,
of Columbus, Reverends J. P. Duncan,
Spalding and Heidt, and numbers
of the distinguished physi
cians who are at present attending the va
rious medical conventions now in progress
effort.
HON. M. A. CANDLER,
for tlie defense, concluded the day's argu
ment in a speech of notable power, clear
ness and ability. He took hold
upon court * and jury was
followed closely through every step
of his argument. He denounced* in no
measured terms the manner of the defend
ant’s prosecution, and made a fiery defense
of his act as one demanded
by^ tlie necessities of the oc
casion. He was in excellent spirit for the
argument and delivered himself In a
manner to add to his character as a lawyer
and advocate.
GEXERAL GARTRELL
made the concluding argument in behalf of
the prisoner. He began shortly after eight
o’clock and for four hours and a half he
dwelt upon the law and the facts of the
case, with that strength of presentation and
eloquence of comment that characterize the
efforts of this great criminal advocate, lie
lost no advantage that belonged to his side
of the debate, and made tlie most of i he
slightest circumstances that would help
him to build up and assist the
theory of self-defense. General Gar
trell refused distinctly to be placed
in the attitude of appealing to
the sympathies of the jury. He would
not do that bscatisc he did not demand it,
in his view, but he did demand justice.
His client had been the wronged parly, and
he had taken lifeoulv to save his own. The
deceased was the unfortunate victim of his
mad passions, and however sad his .fate,
he was himself the architect who designed
it General Garirell made the great effort
of his life. Iu all his professional career to
this point, and in all that is to follow, lie
has never made and will never again make
close, logi<-al. eloquent and convincing
appeal for the vindication of a client
charged with the high crime of murder.
EX-JUDGE JOHN L. HOPKINS
began, immediately after dinner, tlie con
cluding argument for the state. He began,
continued nearly three hours and finished
in that cool, measured and fascinating
manner which is peculiar to him and be
coming to him alone. With his unaj*-
pmacliable power of clear, synthetical state
ment, liis masterly grouping of the facts in
the case and his incisive style of comment,
he held the court, the jury and the vast
audience charmed and absorbed in the
course of his argument. No speech
adorned with all the giddy tropes of
rhetoric and adornments of descrip
tive language, hot with the epithets
of .passionate denunciation or mel>
ing in its tones of pathos and appeal, could
have proven half so effectual in a case like
this. It was the very charm of the effort
that its argument was all interwoven and
concealed by the consummate art that threw
upon the canvass of the mind the
palpable and unbroken array of damn
ing facts in the case. It was masterly and
conclusive in its every detail and men will
grow gray within the precincts of the court
room and never again hear so thorough and
all admirable piece of pleading. It was
listened to with strained attention, and
even its pauses were painful to those who so
eagerly followed the speaker in his course. Ii
was a grand prosecution and an overwhelm
ing refutation of every other idea than un-
ligated guilt in the case.
JUDGE HILLYER’S CHARGE.
Judge Hillyer, who has been in the case
the presiding embodiment of law and im
partial justice, delivered to the jury, amid
the almost breathless silence of the scene,
a masterly, exhaustive and absolutely
untainted charge, containing a com
plete presentation of the law and
of the alternative Issues growing
out of the evidence as presented to the
court and jury. No eulogy of the skill,
ability and unswerving correctness and un
affected impartiality of this document can
be pronounced upon that will be half so el
oquent as the presentation of the charge it
self iu its entirety. We present it herewith
, ust as it passed from the court to the
jury:
THE JUDGE’S CHARGE.
The State vs. Edward Cox. Tiled spring term,
1879—Charge of the Court
Gentlemen or the Jury: The court will now
deliver to you the law for your guidance and di
rection in reaching a verdict according to the evi
dence. lu the beginning I carefully call your at-
t with deadly weapons, and amounting
•«' malice as before explained, and prisoner killed
deceased under the same; then the law
would not thus grade the offense from murder
down to manslaughter. I have read and sub-
toltied to you the law of involuntary isanslaugh-
—sorter bolding it and my pants up with my
hand. As I was going back I met Mr. Sams
and Mr. Hodgson and I told them to come
in and went back iuto the barber-shop. I
said to Mr. Sants to go and find Colonel
Alstou and tell him to come on and meet
me at the barber-shop. Mr. Hodgson
a-ked me what was the matter
and I told him that Colonel Alston
had told me to meet him there in three
minutes and I had come to do so.
little too fast there. I never said
the city.
The interest manifested throughout the
day was of the deepest character and well
befitting to the occasion. Now and then
the remarks of counsel would move the ati-
dience to perceptible sympathy
suppress laughter, but in the
the attention was earnest and silent.
Judge Hillyer, who lias presided oveifand
directed the trial with the most nrarkedand
approved calmness, patience and dignity,
had every precaution taken to preserve the
decorum and proprieties of the ( solemn
occasion, and not once during this eni ire
day of deep public concern and repressed
excitement was his attention recalled from
the proceedings to any breach of the rules
of order.
TOE FAMOUS DEFENDANT,
made famous by the wide-spread notoriet
of his deed and tlie national interest’which
is manifested in the results of his
trial, came into court surrounded
usual by the members of
family. He came now to undergo the next
bitterest experiences tliat this trial can
ixnpuse_upon him. He, with his loyal wife
and his devoted sister, were to sit and hear
the counsel alternately denounce and de
fend his act, the one with seemingly unau
thorized vehemence of language and man
ner. and the other with no less warmth and
more passionate indignation.
JUDGE H. D. D. TWIGGS,
of Augusta, made the opening argument the same be communicated to the other, it would
'or the state and with a rare faculty ’ <•» .rwt
• thrice reiterated «
from their
TBexjamin H. Hill.
asked him $2,500. ar.d finally came down to anything to Heinz except it was to say ij
$1,500. and said if he would not give that 1
THE END OF PAROLE.
"Ilf N«oppert—Hto»r«-—Never to 6e
London, May 7.—The race for the Chester trade*
cup came off to-day at the Chester meertac. which
opened yesterday, and brought oat a field <4 ten
starter*. r*role was the taTorite, bat failed to
set a place, the winner bring Lord Dnppiin’s
Reefer, while Lord Roscbernr’s brown hone
Towhet came in second, and the some owner's
Uv «>l: Ridalto third.
The Fall Moll Gasette says if Archer hod not
eased Parole when be found he could not win,
fsrok- might hare been third.
The 8|k> urn an says that no
, ~ - I Parole’s defeat y sterday.
tain delegates were announced from Ark* - As H e u.rsescame streaming round the caftie
mbs, Indiana and Wot Virginia. ! J«ie turn Parole came with soar a dash that the
On motion ».f Dr Davie uf Fhic»rt the race seemed quite at hi* money, but to the aston-
' " . * r / , * jucaga, *ne , bh raenl ^ ^ especially his itacr he suddenly
iWMiaicBdauan, uf U>« cuumlltnonmr-, taiSJS.Srt'SiSw
nuiftiurnu on mailer of vmung and i*r- ibe coune lit* a drunken mtn tl b probeblr
mauent members were adopted. , fortunate lor Parole that the match between him
Dr. J. T. Logan announced the SLftUSS
gramme of entertainment in Atlanta a* A I
publifdu-d in The Constitution yesterday. , not stamina, ia hi* fortes ln*coascqnence of*thks
To-night nearly all the residences on 1’eacb- .peed be Expected ioi “ " 11 JLL ‘ *
ih»< city I a^aui extend t
...I welcome
and our heart*.
Protect* agwitot lire registration of cer- j
tree street will be open to the visitor*,
tra street care will be run until 12 o'clock
for tlie accommodation of all mho wish to
attend. The grand banquet to-morrow
uight will be an event of rare pleasure.
l>r. Lpgan also announced that the citi-
Albany Advertiser.
The Atlanta Constitution waa out again
with a Sunday supplement. It is one of the moat
progrtatira dailies in the south.
would not talk about it any more. He
offered me $1,000 before that,
and then came up to $1,250. and
finally said $250 wouldn’t break np the
trade’between us, and said come on d.»wn
and let us see Alston, and 1 said 1 would on
condition that 1 was to get $1,500 for my
part of the lease. When 1 left the office (of
Alston), Howard and Gignilliatt came in
and Alston said to me. “Go on and make
your trade with Walters.” When we
went bock and went in, Alston said w<
were too Lite, that be had sold the lease to
Howard aud wa* to give him au answer at
4 o’clock. Walters said you wrote to me
to come up here and you know why I came,
and you never said anything to me abo 1
this.* He said he did not understand it,
and did not think Alston had treated
him right in the matter. Walters
then left and went out and Calhoun fol
lowed him down stairs. I remained up
there and asked Alston when Howard was
to pay the money and he saidlhat evening;
that there was to be no delay; he would
telegraph for a check and get the mooer on
it right here and pay it He said he was
here to sell Gordon s interest and ws- “*"•
to do it. I said to him: Bob there
have been no trouble about this trade if
you had not demanded that cotton of me
and also said you was in a hurry to dose
I asked if it was loaded
started to go bock. X said I would probably
want *o trade it back to him, and if I did
not it would be a trade.
I wa- at the barber -hop in the back
room and was standiue just so, with
hand upon the door ana one on post, just
this way (indicating at door leading into
jury room.) Mr. Hodgson was standing
there in a few feet and to the right of me.
Mr. Sams returned and said
to me: “I have seen Colonel Alston,
and he said that he has reconsidered the
matter a:.d will not meet you, and rays for
you to attend to your business and he will
attend to bis.” 1 said, “That is all right,
but it won’t do for me, and I will s*e
him.” Then 1 went up to the door and out
upon the street, and passed ou up it towards
the capitoL As I got to the corner of Ma
rietta and Forsyth streets where you cross
over to the capitol I saw Colonel Alston
standing in front of Peter Berron’s stand on
shah subsist in the mind In order to constitnte
malice. There must be deliberation In order to-
make express malice, that Is & succession in men-
t*u action—the unlawful intention—and then fol
lowing after the information of that intention
tne execution or carrying out of the same. If
there was tune for delil>eration, if there was ar
iV 1 * oL a * the * ss aultor provocation given,
aud the homicide sufficient for the voice of reason
and humanity to be heard, under t^e circura-
*?“***» in me conscience of a reasonable matt,
then it would be the duty of the prisoner to he
that voice; and if he had and persisted in an un
lawful puipose to kill through or during such an
interval, there would be express maliee: or. If no
considerable provocation appear, and if all the
circumstances of the killing show au abandoned
and malignant heart, then malice would be im
?li ed thsS at ’.m WaM uot 8Uch *> u ffideut inter
be no express maliee. If there
or lf ^ th « cir
cumstances do not show an abandoned and m«.
liBUMt heart, then maliee nSSot te Im IliSd
The existence or non-existence of malice is like ali
other auch matter., a auction for the jury to bo
1 ?£!sL 0 ,L ,nd *•«wJ»04 by the evidence:
no ‘ *>T "teh fixed
purpose to engage in and bring on a fight, with
** <*«cnbed. or though
previously haying such purpose, If he had aban
uoned it, and if the prisoner wa* not the aggress^*
or the assoilaut, or it he in reality made no attad
Sii'SfwE!’ f? d thc <b*c«*ed made au at
tack on him, the prisoner with a deadly weapon
wffien there was no necessity to do so, then the
*®uld be justified in defending himself
even by taking the life of the deceased, and he
acuutttedL g “ - oI 1,0 “ n d must be
S , . of t'P'Htfon, thc court extend.-
First, Every homicide is not unlawful ftn d *.
before stated, homicide Is of three kinds imi^r
mauahiuvhtcr, and justiHubla homiSda ,ier '
ur"im,‘n"i be S° munI<:r without mat
ice express or implied. One person may kill an-
otheraguinst whom he entertains malice nnd vet
thc jury to my whether aU theiSSSj!
to make out unfit affirmatively apSa? in ih7^7
deuce. If any ot *nch emeutiiu etementsbewaot
tug, cither malice or uuy other, nn niv, n i rt, I
I-' Ihe grade ot offense must follow If
all be present, a conviction would be the tawlti!
of tP 1 "*' on « wdio nmnlfestly fn-
Sit M0 e $SSS & ,,M or
atmmuS
within a few feet, would be a felon vanIftnVrf
i»d
prisoner would have the right to wtur? th*
and to shoot and kill Alston to rove hiToS.® m*
Fifth. If the jury believe fromthS* evident*
of these leant and not in
and killed Alston It would be justSwe homl
voked the difficulty, «nS wtongftmySd!’ it P S
cessary for Alston to fire on hiVn' aud If an v
cessity prisoner may have been placed mle?m
MU deceased, was a matter ol hls P priaon5?s own
ywplwelgiyr^llX
alleged or contested fact in the case. The court
will state certain legal propositions to >ou
iu the alternative form, that is, both wavi, and it
will be for you to say in which direction, or in
what direction the evidence points. Should you
deem in any expression dropping from the bench
that you detect any leaning in the mind of the
>ther, know that you toe
the law goes to you. The facts you receive alone
from the evidence. You judge of both the law
id facts, and they lead you to the truth.
I will presently read and deliver to you certain
sections of the code. They relate to the definition
of crime, the question of intention, aud the law
of homicide. I shall read these sections through
to the end, without stopping for expiauatiou.
After readlug them the court will make some fur
ther comment. These sections are couched
tempt at explanation
rather obscure than brig .
you find that the court does not comment c
large on all or all ports of these sections, the
desires you to understand that such of the—
such parts of them, ii any, as are applicable t
Sections 4292,4293, 4319, 4320, 4321,4322, 4323 as
amended by act of 1878,4324 4325,4327,4330 to and
including the words “commit a felony on either,*’
433) 4333, 4334, 4335.
If you find from the evidence that the prisoner
at the bar did, In the peace of the state in this
county, on the occasion, with the weapon and iu
' 6 manner described and set out in the iudict-
snt, with malice aforethought, either express
_ implied, unlawfully kill the deceased Robert
A. Alston; and if the prisoner wss then and there
a person of sound memory and discretion, the of-
•pearto be justi-
SSiT° the ,ri * T, “ e ' HFSJBH
tic remains with him totheendor until
by proof. Thc burden of proof ° o ,
prove every material allegitlS, th.S5ehon?i£d E
the end ot the case, and upon .uXntod^oif
lions and issues In it. In Stmln.l T 1 nSHE
degree of certainty in the evidemafis
than in civil mucA In ^irimiSS^mTm^
ponderance of evidence would notbe suffieKSt
K“o C ^iTuoi ,>n: ’ r “ U °'-«»ck U pr£um£
^SSSrs
SuiLdfnuuX XL ,ho “ 1<uld hcre ■““l yon will
UvepecTwbollv* «th ™4d££S?3S
in contmdiotorysnucmL.nu, and
1,6 E u ? h contr adiction.
ct °l essential ele-
'ailt arndrSf -w ™ ITJ ' ,he “*• or make out
SoabL^he £S^ Mr> T°n have a reaaonatde
benefitrTthatol^ft* lres . ,at Todgive him the
theoHl ! .L.rojJ™„ L a V' 1 ,* c 'l Klt h ™, orieduce
the lower taan murder, as
Swfi hSrerSLS? d ? ubta m *y require. The
aouot ntre referred to, is not a fanciful doubt.
without giving sign of agreement It was
not a revengeful demand nor the greed of a
vindictive spirit; but it was the expression
of a strong nublic desire for the triumph of
law and order. It was tho hope of good
citizens, that misapplied sympathy or
aoueauiishness should not stand in the way
of the prompt and impartial enforcement of
out penal laws. It was not a demand that
Cox should suffer, but that the peace of
society and the safety of human life should
not be put in jeopardy with impunity.
THE WAITIN'} CROWD
that filled the court-room and loitered about
the grpunds and building wa$ full of fever
ish anxiety. The mutter was discussed
among them from ever\- point of view and
wild conjectures ran riot all the forenoon.
Rumor after rutuor chased each other over
the city concerning the verdict and how Ihe
jurors were arranged, when a moment’s re
flection should have shown them absurd.
Scarcely ever has a jury been more jealonsly
and closely guarded, and we hazard nothing
when we say that not a single communica
tion regarding their status passed from them
to the officers of the court or the public
from the commencement to the clo
their deliberations.
ASKED to BE RECHARGED.
About noon the jury sent word to the
court that they desired to be recharged,
and Judge Hillyer brought them again be
fore him. He asked them what they de
sired, and Mr. C. P. l’-ogan, the foremau,
replied that they desired to have the charge
re-read to them. ,
Judge Uiliyer asked if thev-meaut any
part tea lar portiolf of the insfftfcfTohs?
Foreman Bogan said they desired to hear
the entire charge again.
Judge Hillyer the
over again the entire ....
impressive charge. This he did coolly and
aitii all the clearness and emphasis de
manded by the occasion. When the read
ing was concluded, the jury again retired
to their room.
An hour later they had asked for the
cn|«y of the testimony taken from Sams on
the coroner’s inquest. The matter was- sub
mitted to counsel upon«-ither side wit In
the hearing of the jury.
General Gartrell, for the defense, stated
that liis side had no consent to give and nt
iuggestiotis to make in the matter.
Judge Hopkins, for the state, said they
ditl not think the paper a proper one to go
lo the jury. It would, perhaps, be a vi la-
tion of the rules of evidence and they did
not desire to be understood as holding dif
ferently. If the jury desired they could
recall the witnesses and have the testimony
WHITE AND BLACK.
The Reanlt of the Mass Convention In
Ylcksbnrff.
Vicksburg, May 7.—The Mississippi val
ley labor convention reassembled yesterday
morning with increased attendance. The
committee on.resolutions submitted tlie fol
lowing report:
Mr. President: Your committee on resolutions
beg leave respectfully to report that they have
Inquired into the causes which have given rise to
the present exodus of our colored population, as
far as possible within the time allowed, and
while these causes are difficult to ascertain, owing
to exceptional cases of all kinds being brought to
they believe the following
“ m ay be con-
“ price
jUg less would be.
It would be the duty of the jury to adopt any rea
sonable hypothsis that will explain and recon
cile the testimony, so as uot to impute intentional
perjury to anv witness. If in any particular or
particulars this testimony may not be thus recon
ciled, you would give credence to that which
»st commends your belief in its truth.
If a wiUiess swear that which is false wilfully
and knowingly and intending to speak that
fense of murder would be made out; otherwise,
the offense of murder would not be made out.
A person would be presumed to intend the na-
lera the contrary appear.
If two persons have a dispute about a matter of
business the law would not sanction a daliberate,
premeditated and intentional resort on the part of
and to again meet for the purpose
ol engaging in a fight with deadly weapons, and
lf they do separate and each seeks and procures a
deadly weapon, and they accordingly and by
such mutual and previous design again inten
tionally meet to fight with such weapons, aud
in a rencontre thus brought on. if oue of
them kill the other, the law would not justify
the slayer, no matter which of them was right
or which was wrong originally in such buti-
dispute, and no matter which of them
and it would be either murder
in the slayer, according to the evidence, under the
principle!) of taw applicable thereto.
It would be unlawful for two pe>
berately conspire, or agree togethi
deadly weapons and meet again to fight there
with. and if in the heat of blood they do so agree,
it would be the duty of both of them aud each of
them to heed thi *“ —** ' “~
if there was an
The court does not say or intimate that any wit-
ess on either side ha* thus sworn falsely. All
uestions of conflict in the evidence and of weigh-
*ng and pasting upon the evidence, each witness
in the case, the manner tn which he testifies, the
matters of his testimony, bias, prejudice, feeling
or the absence of these, are matters exclusively,
for the jury to enquire and pass upon under the
testimony. In the testimony, find the .true facts
and base your verdict on them.
■ witness may be impeached by disproving the
s testified to by him, or by proof of contradic
tory statements previously made by him ss to
matters relevant to his testimony and to the case.
A witness impeached by either method may be
.sustained by proof of general good character.
The whole question whether any witness or wit
nesses be impeached or sustained, and the effect
of the ramc, are tike all other questions of fact
to be determined by the jury.
_in this case but the law and the
evidence. By these, and these alone, your verdict
must be found. In the sacred precinct of the
court-house aud the jury-box impartial justice
must prevail. Take up this evidence, go through
it all. fairly, calmly, without fear, favor, affection,
reward, or the hope thereof, without bias, or
prejudice, with a mind open to the tmth and
willing to do right, and in that evidence alone
may the taw find the truth, and let your verdict
be based on that truth, only because it is the
truth, and be "* J
require you t
The prisoner makes his statement before you
read over to them.
General Gartrell said to do that would
open the door for other and boundless tes
timony.
Judge Hillyer said he would not permit
the paper to goto the jury, adding to the
portion of the charge concerning bams, as
fol|ows: _ “But under the rules of law as a
writing it does not properly go out with
you to the jury-room. You charge your
minds with it and remember it along with
all the other evidence in thecase ”
The jury again retired and it was not un
til 3:45 p. iu. that they returned into court
with
THE DRZ*DFUL VERDICT.
As they filed into the well-crowded court
room there was a solemn stillness in the air.
The jurors looked fatigued and anxious and
their countenances showed no expression of
exultation. Owiug to an informality in
writing tlie proper form of the verdict some
delay was caused in its correction. When
it was tendered the solicitor-general, Mr.
Hill, took it, glanced hastily over it and
then in a sympathetic and earnest manner
read:
We, the jury, find the prisoner guilty, and re
commend that he be punished by imprisonment
for life in the penitentiary.
0. P. Bogan, Foreman.
This, then, was the finding of the twelve
honest triors of the prisoner. In those few
words there went out to the world the wit
ness that these men had done
their duty nobly and all the sorry rumors
and reports of their alleged sentiments and
wedilections had been unfounded and un-
, ust It gives us peculiar pleasure to find
that our hopes and faith, as exnressed yes
terday, were made good by the foreman and
others in their verdict The public will not
fail to honor and applaud this action. The
law has been sustained by them and they
should be doubly honored for their devotion
*L
HEARTRENDING SCENE.
Cox heard the awful words of the verdict
with forced calm and composure. He did
not once give token of unusual emotion,
and, either to cheer his relatives or to defy
the public’s demands, he remained the stoic
and brave defendant as he was.
Mrs. Cox sat for a moment greatly agi
tated, then rose hysterically and made as if
"> rush at an open window from which was
clean faH to the ground below. Cox caught
er and held her back, and his whole con
cern then seemed to be to soothe and repress
the grief and distress of his poor wife.
Clinging to him with her arms twined about
his neck she shrieked aud called upon the
name of the great and good God! “Oh,
God! Oh, my darling, my love, luy
band!” filled the air, and her moans
and grief were of the most heartrending
character. The sternest men in that as
semblage shed tears in sympathy with .lie
deep gtief of this poor lady. The mind
went back to her distress, to her virtually
orphaned children and desolate home! Rut
with these thoughts came others equally
poignant, picturi-g the widowhood, or
phanage and desolation in the home of the
man who was slain, and that these might
all come on other homes and to other
hearts, day after day, unless a check should
be put to the career of those who recklessly,
heedlessly and ruthlessly strike down in
death their fellow-men.
SENTENCE.
Judge Hillyer stated that he would, as
iual, complete the record in the cause and
pass sentence upon the prisoner. He asked
tf there was anything further to be said
why sentence should not be pronounced.
General Gartrell said nothing excepting
* give notice of a motion for a new trial.
Judge Hillyer thereupon passed sentence
upon Cox as follows:
••Whereupon, It Is ordered, considered and ad-
jndged by the court that the defendant, Edward
Cox, be taken from the bar of this court to the
jail of Fulton oouuty. and be there safely kept un
til a sufficient guard U sent for him from the
penitentiary of this state, and be then delivered
to, and be by said guard, taken tornid penitentiary
and there, or at such other place aa the governor
may direct, he, the said Edward Cox, be confined
hard labor for and during his natural life.
By the Court, May 7th, 1879.
II. H. Hill, Jk., Solidtor-Genei
Geo. Hillyer, Judge, S. C., A. C.
Counsel for the prisoner thereupon took
the following order in the case:
“Counsel for defendant having stated in their
place their purpose to move for a new trial in thc
above stated case, and that execution of the sen-
prisoner .
.ufier oath. Such statement is not evidence
such extent as by itself would
impeach % the witnesses. If In ^ any
respect “ ~ ~
witm _ _
statement conflict with the
evidence the statement should yield to the evl-
common sense, humanity and justice, the consid
ering matter of such statement, the manner of its
delivery.in all its relations and in all its relations
Forsyth street, talking to Governor Colquitt.
I walked on into the treasurer’s of
fice and asked If Mr. Wes. Murphy was in
there. I walked in and faced that way, and
Mr. Renfroe says to me. “be is out,” and I
then turned and walked up-stairs to
Captain Nelms’s office. When 1 got there
to Nelms's office, I saw a lady in there sit
ting down on the right hand side. I
of word-painting he pictured the scenes
of the tragedy with masterly skill and
ability. He was strong in his presentation
of the certainty and enormity of the crime,
and in his logic upon the one hand and his
eloquence upon tne other he was a master
of the situation for the time being. His
speech was a fine combination of rhetoric
and law. and made for the case an auspi
cious beginning and for its author a large
return of admiration and reputation.
COL. JOEL A. BILLUPS,
for the defense followed in a close, com
pactly woven argument upon the theory
of the defense. Out of the case he made
the most reasonable, logical and favorable
presentation of the idea of self defence that it
was possible couid be made out of the case.
He spoke also of his relationship to the un
fortunate defendant, and traced his career
in life in feeling and pathetic terms. Col
onel Billura is one of the most polished
speakers m Georgia, and his appearance
and success yesterday have added no little
to the fame which he enjoys.
MR. R. 8. JET TRIES.
whose career as a criminal advocate has
been marked by unusual ar.d brilliant suc
cesses, appeared next for the defense. It
was decided at the last moment that be
should address the jury, and, al
though not fully prepared for
the task, he acquitted his
duty with that earnesness ana devotion that
are his signal characteristics. He pleaded
his client’s cause in the warmest and moat
passionate manner, and gave evidence that
uTbeait in wholly to the work ol eerto*
that client’s interests.
BENJAMIN H. HILL, JR.,
the young and already distinguished solic-
itoneenerel of this jndotal circuit, fol owe 1
on h«h.it of the stare. Mr. Hill has
if that other refuse ao to acquiesce and persists in
an original hostile purpose, and Jf pursuant
thereto, he, armed with a deadly weapon, seek
hia adversary with a deliberate intention of bring-
ing on such difficulty and ol using such weapon
therein, notwithstanding the other’s refusal, and
il be does so bring on the content, and in such
difficulty he slay his opponent with that weapon,
it would be murder in such slayer.
If at the time of the rencontre the prisoner
- os armed with a deadly weapon, aud was the
aggressor and the assailant, and if he by his con
duct made it necessary for the deceased to defend
his own life, if the prisoner manifestly intended
or endeavored then and there to commit a serious
personal injury on the person of^Alston amount
ing to felony, then the deceased would be justi
fied in defending himself, and even iu firing first
if he could, and the prisoner could not plead
any danger, no matter how imminent the peril
he may have been placed in by such countervail
ing attack, for his justification. If the prisoner
did thus, in his own wrong, unlawfully bring
about a necessity for deceased to fire upon him,
the principles of self-defense would not justilj
the prisoner in meeting that necessity by killing
the deceased, but the taw would attribute the
frilling to the original malice and such kilting
would be murder. , „
But if upon a sudden occasion two persons tall
out and presently fetch weapons and mutually,
willing and consenting, fight therewith, and one
of them slay the other in suet, sudden rencon
tre. then If the slayer acted without any mixture
of deliberation whatever but under the influence
of that sudden violent impulse <4 passion, sup-
poted to be irresistible, then his offense would be
voluntary manslaughter oaly, and not murder.
Or if the prisoner did not Intend originally, or
had not entered into any such purpose to fight
with deadly weapons or to attack deceased there
with,or even though having such purpose at the
beginning, or at any time, u he had in good faith
abandoned such intention, and was —* — w —
deceased, fir such purpose, and the
ag-in brought together without hostucueugn. on
the part of prisoner, and the quarrel unexpected
ly to prisoner renewed, ana upon some new
provocation, they suddenly draw weapons and
mutually engage in a fight therewith, each con
senting and willing so to draw and suddenly
fight, and each knowing that the other is so will-
cording to the evidence, the court distinctly tells
you that the law vests you with a wide discretion
in relation to the statement in question, and it
would be your province to rive the prisoner’s
statement just such weight, but such only, os
vou nlnk right, be it never so much or never “
I read to you that clause of the code regulati
the punishment for murder as lately amende .
and as it now stands in the law. Uf coune, if you
do not find the prisoner guilty of murder, you
will have no occasion to consider or pass upon
the question of its punishment- But if you, under
the taw and the evidence, find the prisoner guilty
of murder beyond any reasonable doubt, then it
would he your province and your duty to say
whether the punishment shall be by death, or by
confinement in the penitentiary for and during
his natural life, and the court will have no dis
cretion iu that matter after you hare pemed upon
iL If you find in the case cttcumstances of miti
gation not sufficient to bring the offense below
murder and yet sufficient to lead yo-i to the con
clusion that such perpetual Imprisonment would
be an adequate punishment under the circum
stances. and sufficient to vindicate the justice and
sanctity of the taw. then you ought to make such
recommendation, and thereby spare his life. But
if you find no circumstances of mitigation, and
further find it to be your duty to refuse such re
commendation, then the taw would leave the de
fendant to the penalty of death.
If you convict the prisoner of murder, and fur
ther find it your duty to refuse such recommen
dation, then the form of your verdict would be:
“We, the jury, find the defendant guilty,’’ and
that would mean guilty of murder—the highest
offense charged in the bill of Indictment, and the
death penalty would follow. If you find the
prisoner guilty oi murder and further find it your
duty to fix upon the lesser penalty, then the form
of your verdict would be: “We, the jury, find the
prisoner guilty and recommend that he be pun
ished by confinement in the penitentiary for
life.” and thereupon the court would give judg
ment according to that. If you find the prisoner
not guilty of murder or guilty of that offense not
made out beyond oil reasonable doubt, yoq would
acquit him of It, then you would paw upon
[Uestion of voluntary manslaughter, and If you
:;d the prisoner guilty of that offense beyond all
Moahlodoo —
doubt, you would say: “We, the jury.
„isoner guilty of voluntary manslaughtt
Or lf.eitherupon this evidence <>r this want of
their attention,
to include those 'which _
sidered proximate: The
of cotton and a partial failure of the crop of the
first year; the irrational system of planting adopt
ed in some sections, whereby labor was deprived
of the intelligence to direct, mid the presence
of economy to make it profitable; a vicious sys
tem of credit fostered by lu\vs permitting labor
ers and tenants to moriga e their crops before
endangered, or likely to be
uuruui: mm isise rumors, diligently dissemi
nated, that by emigration to Kansas the colored
people would obtain land, mules and money from
the government without cost to themselves, and
become iadepeudent farmers; many retail coun
try store-keepers engaging lu the business of sell
ing whisky to laborers and tenants whereby their
morals have been corrupted, their labor rendered
insufficient and thc pleasant relation« »—*•—~
them and their landlords and
destroyed. It is a matter c.
ment to your committee that the
colored people could be induced to credit thc idle
stories circulated of a promised land, where their
wants could be supplied and their independence
secured without exertion on their part It was
going to the extent of ignorance and credulity to
credit them, and yet evidence of an un
doubted character was furnished your
committee as to this matter. It is one of the fac
tors in the movement which we cannot now
forecast There are in the state of Mississippi
alone 5,500,000 acre* of land belonging to the Uni
ted States now subject to homestead entries. Any
thrifty colored man in the south can pre-empt a
hundred and sixty acres of this land at the mod
erate cost of $18. Land in Kansas cannot
be acquired for less. In no part of the civilized
world can unskilled labor secure a larger return
by honest toil than among us. Hut idleness, ac
companied by extravagance, produces suffering
and want here as elsewhere. \ our committee be
lieve that thc legislation of our state should be
shaped so as to foster habits of industry among
the colored pooplc; elevate the standard of so
cial morals, Improve and preserve our common
school system. Diverse views have been expressed
by parties equally desirous of reaching some
—-->—*-•» viz: to ascertain the grievances and
...tar as can be done, a proper redress,
but tills could only be done with a full knowledge
of all the facts; that errors have been committed
by whites a -d blacks alike, as each in turn have
controlled the government of states here repre
sented, may be safely admitted. Disregarding the
past and burying its dead with it; standing upon
the living prescut and looking hopefully to tho
era, landlords and tenants are identical; that they
must prosper and suffer together; that it is the
duty of the planters and landlords of the states
here represented to devise and adopt some con
tract system with laborer* and tenants by which
w oth parties will receive the full benefit of their
•bor, governed by intelligence and economy.
Resolved, That this convention doe* affirm that
the colored race has been placed by the constitu
tions and laws of the states here represented on a
plaue of absolute equality with thc white race,
and does declare that thc colored race shall be
accorded practical enjoyment of all rights, civil
and political, guaranteed by said constitutions
and laws.
Resolved, That to this end the members of this
convention pledge themselves to use whatever
power and influence they possess to protect tho
colored race against all dangers in respect to &
fair expression of their will at thc polls, which
they apprehend may result from frauds, intimi
dation or bulldozing on tho part of the whites,
and as there con be no liberty of action Without
the freedom of thought, wc demand that all elec
tions shall be free and fair; that no repressive
measures shall be employed by the colored peo
ple to deprive their own r.ioe In part of the fullest
freedom iu the exercise of the highest right of
citizenship.
Resolved, That the unrestricted credit system
pervading in the states here represented, based
upon liens or mortgages on stocks and crops to be
grown in the future, followed by short cropa, has
*ied distrust aud created uurcst, disturbed
Hire laboring population and all laws au
thorizing Henson crops lor advances, constituted of
articles other than those of prime necessity at
untenanced and repealed.
in Kansas or elsewhere without labor and price,
and report to the civil authorities all persons dis
seminating such reports.
Resolved, That it is the constitutional right of
the colored people to emigrate where they please.
whatever state they may select for a residence,
_ Jt this convention urge* them to proceed In
their movements towards immigration as reason-
tlement, sustaining their reputation for honesty
and fair dealing, by preserving intact the
all practicable assistance will bo afforded
them. Their places will be supplied by other
contented labor.
Your committee believe that if tho view* ex
pressed in the foregoing resolutions are practi
cally carried out by the people of both races in
good faith, thc disquiet of our people will sub
side. We appeal to thc people of both i
ordered that execution of the sentence be sus
pended for twenty day* to give such time. It is
further ordered that this order be
minutes. This May 7th, 1879.
entered
Candler A Thompson,’ Gartrell A Wright,ct. ol.,
authorities all violations of laws and all interfer
ence with private rights.
At tlie conclusion of tlie reading of the
resolutions ex-Govcnior Foote offered a res-
oluti n authorizing the president of the
convention and two persons to be
associated with him to act os a commit
teePto carry out the objects sought to be at
tained by the convention and making pro
vision for local committees comprised of
the various counties ami parishes, whose
duty it shall he to watch over the rights and
interests intended by this plan of protection
to be guarded, and to take charge of such
grievances brought to their knowl
edge, and as far as may lie in their
power, make redress for thc same, and
to adopt such legal and proper expedients
as they may judge necessary for the future
prevention of grievances of a like nature.
The introduction of these resolutions,
which were intersi»ercd with remarks by
Governor Foote to the effect that other
causes than those named in the resolutions
introduced by the committee existed, and
which was the prime cause of the present
exodus, caused quite a commotion. After
remarks by several other gentlemen, the
convention adjourned sine die.
A STUPENDOUS LAND SWINDLE.
Immense Estates In Tennessee Held
for Many Years upon Fraudulent
Titles—The Wrong Righted at East.
Nashville, Tenn., May 5.—One of the
most important and interesting land cases
ever before our courts was decided Fri
day afternoon by Judge Baxter, of the dils
trict federal court. Dr. Abram Litton et a.-
brought suit against John Aldred et al M to
have declared forged deeds to a tract of
land in Overton, Fentress, Putnam and
Cumberland counties, nearly twentv-five
miles square. The Litton family hosed
their claims on a conveyance executed in
1839. by John B. McCormick to the New
evidence or upon a reasonable doubt, not guilty of
voluntary manslaughter, and |f you find the evi
dence requires it you would be autl*vrizyd to con
vict of involuntary manslaughter of either kind,
and you would io explain it in your verdict If
you find the prisoner not guilty or guilty, not
made out beyond all reasonable «l..ubt, then you
would say, “we the Jury find the prisoner not
guilty.” In either event let the vetdi. t be written
on the bill of indictment, date It, sign it by your
foreman and bring it into eourL
.ttomeys for defen danL
George Hillyer, Judge 8. C., A. C.
This will suspend all further proceedings
until the testimony can be written out nnd
the motion for new trial aigued.
HOW THE JURY STOOD.
evidence of how public judgment
may go wrong, and to give each one who in
thought or word prejudged any of the fair
and true men who tned thi* cause, we give
the following notes of their deliberations:
First ballot—Messrs. Hitchcock, Hurt,
Bogan, Baker fc Landrum, Harper, Robinson
and Dollar were for saying guilty of mur
der; Messrs. Yancey and Jordan were for
voluntary manslaughter, and Messrs. Plaster
and Henderson for “not guilty.” These
o last named explained that they
voted as upon the trial ballot to ascer
tain for themselves the attitude of the jury.
Mr. Plaster then went for voluntary man
slaughter with Mr. Jordan and Messrs.
Yancey and Henderson for murder. They
tood thus ten to two until yesterday mom-
ng at 10 a.n»., when a proposition was
made tliat the ten for muruer should agree
to imprisonment for life if the two for
manslaughter would agree to that finding.
This was gradually achieved. Dr. Hitch
cock finally agreeing at 3:30 p.m. Thus the
enlict was made.
THE GENERAL APPROVAL
with which the verdict has been received
by the public is a compliment end endorse
ment of the action of the jury, and of the
conduct of the court and connseL
The full report of the case with the admi
rable charge of Judge Hillyer, corrected of
its typographical errors, will appear iu our
weekly edition. There is an unusual de
mand for these proceedings.
Judge H- lX D. Twiggs, of state’s counsel,
leave* for his home in Augusta this morn
ing.
In ca**e of a refusal of a new trial the ca*-e
will go up to the August term o( the su
preme court.
Wkslmme and Nutritious Bre*d.
Intelligent house-keepers who use Doo
ley’s Yeast Powder—there are thousands
upon thousands who now use. and have
used it for the past twenty-two years—will
not be misled by the false statements of un
scrupulous rival manufacturers as to its
purity and wholesomeness. They know by
practical experience when they bay Doo
ley’s Yeast Powder they can get one of the
best baking powders in the world; an arti-
leoL perfect purity, of full strength and
ork manufacturing company, and also on
leeds executed by James Manning.
One of the deeds alleged to be false pur
ported to have been executed September 5,
1832, by John B. McCormick to John Al
dred, and conveyed to Aldred for
cash, several hundreds of thousand, of
acres in the above mentioned counties.
The deed also purported to have been ac
knowledged by McCormick in 1873, in per
son, before the clerk of the county court of
Maury. An elderly man walked into the
clerk’s office, introducing himself as
John B. McCormick, and, after mention
ing as friends various well-known citizens
of Maury county, and inquiring about
others, spoke of his large landed possessions
in the mountain counties, stating that they
were now coming into the market, and that
he intended to dispose of aconsiderable por
tion of them. Finally the stranger got The
clerk to take his acknowledgment of the
deed in question, when he de
parted, and was not afterward heard
of. This was shown to have been
a clear case of false personation. The real
MoCo raick had for some years previously
resided at Dayton Ohio, during which time,
down to his death, he had never visited
Tennessee. Nor did the spurious resemble
the genuine party. There were two sub
scribing witnesses’ names signed to
the deed, one of whom was shown
not to have been born at the date of
it, and the other to liave been only ten
or twelve years old at the time. McCormick,
it was shown, died several years before the
alleged proceedings, and it was also proved
that the counties, contrary to the wording
of the deed, were not established until
many years after the date of the documenL
Almost identical proof was introduced to
overcome the other deeds.
The Manning deed included precisely the
same lands as the McCormick deed* It was
shown that Manning was dead at the date of
the deed. The same two names were signed
as to the other as subscribing witnesses. It
was shown that neither of the parties had
signed it. The third deed was also clearly
The Verdict.
• A verdict!” Such was the demand of
the popular voice Weds) a lay morning when
fuH weight; one which always makes light,
wholesome and nutritioua bread, rolls, muf
fin*, corn-bread, waffles and cake of every
kind. It stands to-day. as it has for the
past twenty-two years, the leading, Standard
Biking Powder of America.
shown to have been a forgery. The consid
eration expressed in the Manning deed was
$2,000 ca.-h, that in the large McCormick
deed being, as stated, $4,000 cash. It waa
shown that John Aired, the guarantee in
both deeds, was poor, and could not have
commanded anything like eithersum.
The court decreed that all these deeds
were forgeries and that they be annulled so
far aj they conflicted with the title of com
ply nants to the lands claimed by them in
their bill. The proof showed the whole
scheme to be one of the most stupendous
land swindles on record. The land is m
the fertile up-river country, and the Lit
ton*, by Judge Baxter’s decision, find them
selves entitled to one of the laigest estates
in the country.