The Atlanta constitution. (Atlanta, Ga.) 1885-19??, February 23, 1886, Image 2

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THE WEEKLY CONSTITUTION. ATLANTA. GA.. TUESDAY FEBRUARY 23, 1886. WHOSE HUSBAND? 'SENSATION OVER THE REMAINS OF A TEXAN. t, of Indianapolis, 8ays She la -In. J. W. Piero a, of Texas, Says i a* Widow—A Talk With Mrs. «m owl Mr. XL W. Flores. W« give Mow the details of & most rernark- mfcle caae of Mistaken identity. In the late Georgia Pacific accident a mm ha.wa as J. W. Fierce, a Texas stock drover, ' Ja killed. He ia buried in Westview cemetery. Shortly afterwards ilrs. J. 1*. Weaver, of In- disnapoUa, claims Pierce’s body os that of bor husband. Sbe exhibits h letter he wrote her firm Atlanta the d»jr before he was killed, telling her to address him as J. W. Pierce. She identifies the body as Weaver. A well hnewn Atlanta lady swears the body 13 that ef Weaver, whom she knew. An Indianapolis physician, who treated Weaver when he was shot in the neck, swears to the bullet hole fonxd in the neck of the corpse. The proof is so crashing that the cemetery authorities aro mhfVt to deliver the body to Mrs. Weaver. Them the I^croes, of Texrs, come to the . front and offer proof showing that the body is that ofPievce. Scores of w i tn esses swear that they saw Pierce in Atlanta, and Belton, who was with him when he was killed, swears it was Pierce, and the judge decides for the time that tie body must not be movejr. The first theory suggested is that the man lived double live*—as Weaver in Indianapolis s.x.d Tierce in Texas—had two families and two homes. Mrs. Weaver swears that Weaver did run away to Texas with Mrs. Eden, and at port Worth lived under the name of Pierce. Both sides agree, however, that Weaver could r.ct have been Wood Pierce,, and that Piereo could not have been Weaver. Each of theso men lived steadily in his home for twenty ' years, and w as never absent a year at a time. WeavcT could write and Pierce could not. The coTpee is that of one or the other. If it is Weaver, Fierce is still living. If it is Pierce, Weaver is still living. A large fortune de pends on the proof of either. The Constitution is going to the bottom ef the matter. The first chapters it prints this Week. The others will follow. Mrs. James Tierce Weaver is here trying to have the remains shipped to Indianapolis, Ind., for in- teiment, and Mrs. Joseph Warren Pierce, of Fort McCa\ett, Texas, i< hero to contest the clanns of Mrs. Weaver. Mrs. Weaver mourns tiic death of her husband, and wants his grave to be where •he con keep It green with her own hand-*. Mrs, Tierce object* to ullowing another to bike into care ar.d keeping the remains of Mr. Pierce. Ilfa a mange question of identity. MR.-. JAXrs PIERCE WEAVER. Yefterday a lady of middle age, quite good look ing, neatly attired in black and wearing -omo jew elry, sat in the office of Loclirnnc A Lochrane. A Co»titi Tiojf reporter had been detailed to snake a thorough Investigation of the case, and was looking for Mrs. Weaver. Mrs. Weaver con sented toan interview, although her lawyers said they had no desire to try her case in the news papers. WJTAT MRS. WEAVER r.\ID. Mr-. Weaver was Asked when she had first met Mr. Weaver. She answered: “J met him first at his mother’s house. He was bor if and raised in ludianajrffii.3 and I wet him just after Isis return from the war, in which he had terved for'four years. My name was Louisa E. Sigler i.i.d I was horn and raised in Jacksonville, Illi nois. We w ere married in Chicago while I was on a visit 10 my sister there. The ceremony took plate at the house of a minister and here is the certificate.” “Where did y reporter. “Wc went to Indianapolis in 1-f.O and lived tin ihaf!~^;y hr-Lf *J/ya<i « n the paper box ess. At ofic time he had a livery stable and Saturday. It was postponed on motion of Mrs. fierce's counsel, because she could not get here. Mrs. Pierce is to he here tonight or tomor row, however, and the case will come up next Sat* today. At the Piedmont house there is a young man of ? pier did physique, about six feet three, with dark Lair and muatache, tlorid face and dark eyes. Ho is as cool as a cucumber, ay d looks like he would fight a buzz-saw if necessary. "Yes,” he said, in answer to a question, **I am ■ A SON OF J. W. PIERCE. I know nothing of J. W. Weaver, nor of the J. W. Pierce who ran the hotel business in Fort Worth. I know that iny father, when very young, went to Texas. His father had lived in Georgia, Alabama and Mississippi, and my father was born in one of those states. 1 am not sure, but I think he was born in Georgia, possibly near Atlanta. In Novem ber, ISM, be was married 10 Mis* Margaret Y. Thur man—my mother. I uin twenty-seven years old. When the war broke out mv father was elected first lieutenant under Captain Jim Taylor, of Larissa, Cherokee county, Texas. He served through the war and in the fall of 1805 he removed from Chero kee to Johnson county with his family, which con sisted of himself, wife, three children and my aunt. He bought a farm a few miles east of Cle burne, and dming the year 1866 was NOT OUT OF JOHN.‘ON COUNTY," except one trip to Ellis county, Texas. lie lived on bla farm there until the winter of 1870. He sold out and moved to Cleburne, where he resided two years. He then bought a farm in Sommervell county, cm the llrrzoa. He lived there three yeais, and while there his wife died. He then removed with his children to Brown ccuoty, and from there to McCulloch county; and and in December, 1879, he was married to a lady living at Mount Calm, Limestone county. Her maiden name was Adams, but she was a widow when he married her, and her name was Mrs. Bell Harden. They lived at Mount Calm until Febru ary, I8f:5, when they removed to San Angelo, Texas. He never made his home in Fort Worth a day in his life, nor ever run a hotel anywhere. His name was Josei-h Warren Pierce, son of David Pierce; l ut Mimehmv, when a child, got the pet name of Woodic. whirl), when he grew to manhood, was f-hortened to Wood, and nc was known all over Texas as Wood Pierce, and there are hundreds of people in Texas that will testify in any court to to the truth of what I say.” THE LASTTIIP. “When did he leave for Georgia on his last trip?” *1 don't remember the exact date, but I saw him the day before he started. He was at Starkwethers n urture, in Coleman county, getting out his stock. c had selected about eighty head of horses. Part were branded D. O. I). on the left thigh and S. O N. on the right. Some were branded with a single I). on the left hip. Others had VII on the left •boulder. I have seen some of the ho*ses since. I have been here and recognize them as having been my father's. My father started to ship to Florida, but changed his mind and from Shreveport wrote my step-mother that if she needed anything to let him know at Atlanta.” “How did you hear of the accident in which your father was killed?” “I think it was Mr. W. O. Jones who tclgraphed about it 10 John Nasworthy, my father’s partner at San Angelo. My step-mother lived fifty-live miles fuithcr on at Fort McCavctt. A telegram was sent to Manardville and was then sent by hand twcu ty-two miles to her. I had charge of a t ow OUTFIT IN CONCIIO COUNTY, and she t cl eg raj bed me. That telegram had to l>e taken back by band to Manardville and was sent l»y wire to Coleman City. It then came by hand to me seventy-five miles. I went to see my step mother, and found that before I had received the news of the accident my father liad been buried. As scon as I could make my arrangements to leave 1 came on, ar.d my step-mother iscoming, and will be here in a day or two. Although t lie government telegraph lines to the forts go near her home, she ia along distance from a railroad. She had to travel a hundred and fifty-five miles bv private conveyance before she could take the train.'’ “How far was your father’s home from Fort Worth ?” “Three hundred miles.” Mr. Pierce said further. “My father was never in Indiana that I know of ar.d was never shot in hi* life. I know nothing of any fear on his neck, but il there is any there it was made by a boil. As to his writing letters I may fay lie was not educated at all. He could not write his own name and could not read ii after it was written. The mare Gipsy, was sent to his partner as also was the saddle that he always used, and that hi.s acquaintances all knew. There can be 10 mistake ncout his identity. My mother had four children, who arc living, my step-mother had one after her marriage to my father and two by was wide open, showing a full set of beautiful teeth. Decomposition had not destroyed the features, and the instant the lid was removed Mr. Nasworthy said: THE IDKNTir.CATON. “That’s Wood Pierce.” Of courseit is, “said Mr. Lovelady. “It ain’t any oue else” said Major Heath. Then for a few minutes the crowd looked si lent, y upon the* dead. The undertaker stooped down and arranged the burial robe over the body to as to leave the face alone visible. General Gar- trel! stepped to Mr. Pierce’s side and spoke to him in a fulfilled tone. The youn ir.an turned about, walked up to the carriage and lifting his mother out gavo her his arm. The lady laid her weight upon her son and slowly the TWO MOURNERS A Frit O ACHED THE COFFIN. These about it stepped aside, and the wife w alked up beside the husband and father. She looked upon his face In silence. The young man’s hat was pulled down over his face so as to hide hi3 eyes. The lady’s veil was down. For a minute they looked at the dead man, and then the son turned his head slightly and said: “That’s him. ma. 1 ’ “Yes,” said Mrs. Pierre between her sobs. Then silence prevailed again. No one present could speak. Finally General Gartrell asked: MRS. FIERCE’S VOICE. Do you recognize that man as your husband, Mrs. Pierce ?” “Yes, sir,” she answered. “How?” “By his features, his teeth. Sec them. I would know them anywhere, and then his forehead,too.” “And you, Mr. Pierce, do you recognize him?” “Yes, sir. that’s my father.” “That’s him,” said Mr. ^ as worthy. “That fore head is known by hundreds of Texans. No man in the state was better known than he. Why, if they were here now, there are hundreds of men in Texas who would swear that that is Pierce, and that he has passed ail his life in Texas.” T have known that man lor over twenty year*,” d Major Heath, “and it is of people will swear to it.” BAC K TO THE CAP.RIAC.E. Mrs. riercc stood quietly by hearing tlieremarks. Her son was beside her. Suddenly the young man, as though unable to command his feelings further, wheeled quickly about and led his mother back to the carriage. The undertaker then replaced the lid, the coffin was lowered into the grave, the dirt was thrown on again, and then the party started back to the city. Mrs. Pierce is large and fine looking. She lias a round face, full of expression. Her eyes are blue or gray and her hair, which she combs hack from her forehead, is dark. “Yes.” the said in response to a question, “that’s my hut band. I married him in '79 and had no trouble in recognizing him. Ills (forehead and his teeth would he enough were it not fortlie general impression one you love leaves on your mind,” Mrs. Pierce could not talk much. She had been crying and nearly every time her husband’s name was mentioned she would cry again, llcr eyes were red and swollen, and nut of feeling for the ftfte buslr. an undertaking business there. lie accumulated torni* property, end had at one time several houses and lots. After some years 1:Is place of business was burned out, and he grew "dissatisfied and w anted to go w ol to seek a home. lit* went awav in Ji r.c, ]#*3, and caine hack in August. JIc told me he had found a hotel in I'fala, Indian territory, and that he was going to move his family there in 1.) out fix v otic*. He wanted me to let him -.■!! aid not have t< roi rented and w I ick< d out furniti and l.e had it *ct j r hoir.t 'fld an . ting. Wc then r twenty rooms of the hotel ns udd. I signed a deed to him checks for all the . in tank. It amounted to abt_. _ made him A LITTLE! BELT Ot*T OF CANTON FLANNEL, ft little better than a quarter of a yard long and about r.s wide as a bank note and put strings to it, and wc put j the* money in* it and he tied it around his waist and went away that night about 11 o'clock. He went from there to St. Louis to see his mother and to see if he could get a better bar gain in furniture. He wrote to the Indianapolis house that he could get furniture cheaper in rft. Louis end he would not take theirs. In about four weeks he wrote me that the wife of the proprietor of the hotel accessary papers anil he Bom :la dred dollar* The trial wa- ir following I i< tu not u!d have to look tr.cwi.erc else for an opening, lie next wrote me that lie v\ as on a ranch eighty-five miles north- weft of Fort Worth, Texas, ami to direct mv letters to Fort Worth. On the second of February, 1S-U, he came home, and two nights afterward wha called out of the heme by a man named William Eden, v% ho shot him through the back oi’thc neck. It developed that he had been LI VINO WITH EDEN’S WIFE who nr.d disappeared about the time my husband had left. My ini -band was in bed about a week. In a few days he It ft for Fort Worth again, prom ising me that he would give the woman up and arrange for his family to go to Texas. I soon found that he was at Fort Worth, and was there known as J. \Y. Men e. lie wrote me letters to nrt- drers him cm J. W. Pierce co as to avoid the possi bility of trouble with Mr. Eden. After wailing some time for him to keep his promise J wont to lOTt Worth and found him living in the same ho tel with Mrs.Kdcn and parsing her offashltfwife. I hart warrants i^ued for both and my husband was arrested, but Mrs, Eden avoided arrest and left the place. On the trial my Imsbandtpleaded fined a thousand dollars, five hun- which was afterwards paid 10 me. Augiift, j>* i and in the September Tied to Indianapolis.” THREE CHILDREN. “How many children have you?” “Three, two gil ls and a hoy. The oldest Is a girl f ftcen, the next a boy thirteen and the next a girl who is eleven.” “How old was Mr. Weaver?” “He would have been fifty-five had lie lived un til the 7th of next September.” •'Did you hear from him after the trial?” *TUs letters ceased after the trial, but he wrote •nt BV. but flu* would rnmn hurt in l»l and that hel desert us.” “Was lie a good husband before he left yon?” “Hewn.-; there never was a better one. Every thing we wanted, wc got. He neverdmnk.” Mrs. Weaver has an envelope.mailed on the'West ern and Atlantietraln. which she says brought to her *n account of the killing.and enclosing a card, which was u?td by Weaver when he was In the undertakers’ bus Sues- in Indianapolis. The card TV r.s Mack a* ink, cud on It wr.s printed: J. I*. WEAVER, UNDERTAKER. . Indianapolis, Ind. s:: Illinois, ft. (Telephone). Tlic envelope was addmsrd to Mrs. Weaver at 136 West First street, Indianapolis. There was nothing in it except the account of the ceoroxa pacific < ollimon and the card. The envelope ar.d enclosures were shown to the reporter. Mr. Weaver was in the hotel business at Fort Worth, with a partner named C. II. Murdock. Mrs. Weaver has many letters from Wearer in Tex and in -om • of them the is asked to address her lerrers to J. W. Fierce, fior the reasons already stated. A part of th«-evi dence of Mrs. Weaver’s >irtc will be an affidavit made by Dr.Ia'roy S.IIer.lhorne.whoswears that he came to Atlanta, examined tJn-’back of the nock .*f .the corps, and that it is that of Weaver. He swears that he dressed the wound when Weaver \va c shot and that he identifies the sears. Mrs. Weaver has other testimony of the same character. She has letters c.f ihe'l e-t «ort men of high character, showing tbit sue i Mr-. Weaver? thut sbe Ib all right and thai her husband was known in Texas nr j. w. Fierce. . THE OTHER MDE. Mr*. Weaver came to Atlanta to identifv the re mains of her husband, and on f . cir.g the body 'Which was exhumed /.rid it was the liody of J. fierce Weaver, film sought to have it delivered to |mvbut “Mr*. Abbie Bell Fierce ” a3 lf ,e wife of I- W. Fierce, of Fort McCavctt, Texas filed an Jn- jiuwtion through her attorneys, Mc->rs, Gartell & Lndaden, ind the betting was to have taken place her first husband.’ A SON-IN-LAW. There is nlfO in the c ity Mr. M. W. Thompson, of Gordon, Texas. He Is a 'son-in-law of Mr. J. W. Pierce, and is a brother-in-law of Mi. R. W. Pierce, lie fays he knows people in Fort Worth who knew both Weaver and Piexcc. He says that the Fort I Worth pfcH w ■ -iy Wtavor disappeared i.om there after the ‘caudal, end where he is Is iibt known there. Meantime Mr. Lovelady Is still ready to bet five to ouc that the body at Wcstvlew is not that oi Weaver, Tbo body has been burled again. At the banks here and wherever Mr. Pierce had occasion to sign hi* name Le signed it with an “X.” lUs partner, Mr. Nasworthy, will be here with Mrs. llcice. AN IMPORTANT WITNESS. F. 31. llealls, vice-pre*ideiu of the national hank at Cleveland, Texas, Is in the city on business. T< orbing the identity of the corpse, he said: “I \ new J. W. Hexce, or Wood Pierce, as we called him, fur twenty years, and I believe that I have f etn him every year in the twenty, Most of the time I have seen him every month. It is simply and literally impossible that he should have been Weaver.” “JIow do you know that the corpse buried is that \ f Pierce?” “Because 1 know that he came to Atlanta to sell stock, that it was his ear load of stock that was here, and because Mr. Lovelady,« Texas stock man who is here now, saw Pierce in Atlanta just before he was killed. Pierce had shipped his stock origi nally to Shreveport, but hearing that Lovelady hml shipped to Atlanta, he shipped hero also. They were together in Atlanta constantly, and as Lovelady said to me this morniug, suppose I was to leave here now and go back to Texas, and you were to get killed, could anybody convince me that I had not seen you in Atlnutn? “Well, that Is lust the way by my seeing Pierce here. I was with him constantly. 31r. Lovelady is u man of charac ter, and what be says may he relied on.” “How do you account then for Mrs. Weaver’s u “J have seen Mrs. Weaver and she Is undoubtedly a lady ef high character. 1 am sorry for her, but it is tlmply a ease of mistaken identity. It is not possible ll.itt J. W. Pierce was the man known ns Weaver in Indianapolis. Wood Pierce was known in Texas from one endof the state to thcolh t, and his history for the past twenty years can be es tablished by hundreds of witnesses. I have no in terest in the matter at all except such interest as any friend of his would have. Y’ou could not l>e more- certain of the identity of your closest friend than I am of Pierce’s.” The body Rtf exhumed so that 3Irs. Tierce, Mr R. W. Pierce, 3!i. W. W. Thompson and a half dozen other Texans who knew the dead man could look upon hisfiicc and say positively whether il wls the man who traded the car load of ponies for Glptcy and who passed his life ia the lone star state. WHEN Mr.5. FIERCE ARRIVED. Mrs. Pierce, accompanied by her youngest child, a bright, blue-eyed pretty girl of four years,reached the city yesterday morning. She was accompanied by Judge Milton Mays, one of the lc&dingattorncys of western Texas. Mr. Walter Brown, 011c ofthc at torneys for 3Its. Weaver, the Indiana claimant, \\ as consulted and an agreement was made to take up the body at 1 o’clock. At three General Gar trell, 31r. Ladsden, Mrs. riercc and the little girl and 3!r. Pierce entered a carriage at the National hotel and were DRIVEN TO THE CEMETERY. There the party met Mr. Thompson, the son-in- law, Mr. Lovelady, Mr. Nasworthy, Major Heath, Mr. Belton, Judge Mays, all of Texas, and Mr. Wal ter It. Brown. Every Texan present had known Here c, and as the cemetery hands l>cga i throwing the dirt from the grave 3Ir. Nasworthy said: “If the Tsidy is at all preserved and everyone here doesn't instantly recognize Pierce we will leave tlic Mate at once.” The grave hands worked hard. T'heir shovels went deep into the ground, and as the loose dirt was thrown out the crowd around the grave re mained silent. 3Irs. Pierce REMAINED IN THE CARRIAGE with her child. She fully realized the trying or- d< al 1 cfore her. She knew that she would Ik- call ed upon to look into the face that was full of life and jic-ulih when she Inst saw it. Slie-knew that her husband had been killed in oue of the most terri ble railroad accidents on record, and she natural ly thought the sight would be a terrible one. The haudswoikcd hard with their shovels and in a halt hour the pine boards covering the coilin bcj_ ►how up. One by one*these boards appeared to those abont the grave until they were all exposed to view. Then in a few minutes THE COrFIN WAS LIFTED OUT and placed on the ground. The undertaker at onec began removing the lid. As he turned the screws which Jield the lid over the dead body, an anxious crowd Mood around. General Gartrell was at the headof the coffin. Mr. Lodsrten was at the foot. Judge 3Inys, Major Heath and Mr. Nasworthy stood on one side: 3Ir. Lovelady, Mr. Belton. 3Ir. Thomp son and Captain Ed Cox Mood on the other side. 3!rs. Pierce remained In the carriage, while the son Meed a dozen feet away looking deep down into the ground. The Inst screw- that held the lid down was given its last turn, and then THE UNDERTAKER LIFTED THE LID OFF. The body was there, the face and feet alone were uncovered. Tlic burial robe, which had been placed carefully about him when he was first muled, was thrown loosely and carelessly over the bod v after it had been taken off when It was ex humed before. The feet were bare. The socks rhlrh l:nd 1 c^n taken oft’ to examine the feet rkexi the l*)dy was fir t taken up, w- c crammed nviuituniiu j-v.ujiitii. uuu uut ui lady tho reporter quickly withdrew. Judge Jlays, who camo on with Mrs. Herce said WHAT HE SAYS. “I have known Herce since ’63. lie was then In the army. I knew where lie lives and a great deal about him. I lmvc known him well since ’73 and I nave no hesitancy in saying that the dead man is Woods Fierce. In fact X never doubled It and had only one fear of establishing It since I first heard—” "And what was that fear?’ “That his grave was opened and another body substituted so that we could not swear that it was Herce. We will hove no trouble in showing tliat il is pierce, and not Weaver, and that he never was an Indianapolis.” "And you arc certain that it Is yourman?” "Oh. 1 know it. Now, if I had l»ccn going through the woods and happened to come across '.lint body in its present condition, and did not know that Herce w as dead. I don’t think I would have recognized it; hut if I had known, lie was der.d and had been looking fertile body and r.iu on it. 1 would have known it In Us present condi tion.” Judge Mays will remain until next week. Mr. Waller Brown said last night. "X am satis fied w itli all that lias transpired mid am now more sanguine of establishing my case than over.” Judge Marshall J. Clarhe has decided that tho much-fought over body at We.-lvieiv eenv-ti ry belongs to Mrs. J. W. Pierce, and has issued an or der restraining Mr. J. 1*. Weaver from removing or otherwise Interfering with the corpse. Tlic decision of - Judge Clarke, '.however, lias not satisfied tlic mind of every .one as to whose husband the dead man was. When the superior court met yesterday morn ing at nine o'clock the court room was well filled with spectators. Mrs. Weaver entered tho room with Mr.tElgiu lochrane, one of her counsel. She was neatly dressed in black .’and wore a licavye e-Uiik. She Is an intelligent looking la^fy, ligh" *mtr >nd gray eyes. A few* moments nrs.;r Mrs.' Weaver came in the room, Mrs. Pierce entered with i cr son and son-in-law, J. N\ Thompson, who cnrrrkd In ids arras a pretty little threc-ycar-old girl, with light, curly liair. Mrs. Fierce WAS IN DEEP HOCBSUTO, ' and for some time did not remove the veil Horn her face. At twenty-five minutes after nine o’clock Gartrell and I.adsen counsel for Mrs. Herce, announced ready to proceed. Tho bill praying for an injunc tion was read by General Gartrell. It asked tho court to restrain Mrs. J. P. Weaver from removing or interfering with tho body of J. W. Fierce, now interred in IWcstview cemetery. In reading the bill General Gartrell mentioned the fact of J. F. Weaver going to Tort Worth, Texas, mid living with ono Mrs. Eden. This was too much for Mrs. Weaver, mid she began to cry. Mrs. Weaver’s answer to the bill for injunction was rend by Judge Lochrauc. Tho answer asked on mare, which Pierce hadbotght. Mo had found him an honorable and agreeable gentleman. II. A. Hirtcll, book keeper nt Lowry's bank, said that in dealing With I’lcrce that X'leroo always signed his name with a cross. John Lucky, clerk county court from Green county,Tcxns.sald he had known Hero? for the past five years. He had never kept a hotel lit Fort Vi ortb. and could not read or write. Ey consent of counsel THE TWO LADIES were allowed to take the stand and testify. Eut before doing this Mr. Lndsden read the marriage license showing that J. W. Fierce and Mis. A. B. Hardin were married in Lewiston coun ty, Texas, December 10,1S79, by Rev. J. F. Mnssctt. ' Mrs. Fierce waa conducted to the stand and said: 1 was born in Tennessee, and moved to Texas in lfv5. My first husband, Joe G. Hardy, died in 187-1, and I matrlcd J. w. I’icrco in December, '70. We liavc cue child, Annie Lee Pierce. Mr. Fierce could not write, and had to get some one to write for him. The body out nt the cemetery is that of my husband, J. Woods Pierce. He was known in Texas as Woods Fierce. Ho was born in Alabama in 1SS3. He never did live in Fort Worth. I do not know J. W. Herce of Fort Worth. 1 never heard of him till after the death of my husband. Mr. Herce had four children when lie married me.Onc daughter livcsinGordon county. Texas, and ono son mid daughter lives with me.’’ Mrs. Fierce testified that her husband had light gray eyes, and all the affidavits made him out to have dark eycs.fel'pon BEIHG CLOSELY QUESTIONED by Mr. Ladscn, Mrs. Fierce said his eyes might have been considered dark. Court took a half hour’s recess and at one o’clock Mrs, Weaver kissed the Bible and gave in her evidence, which was substantially the same as In her answer to the bill rortajunction. Her state ment was straight forward, biic said that if she had found the body that of anyone beside her husband she would have left tlic city on the nlghttrain. She knew the body was that of Mr. Weaver. In cross examining General Gartrell asked Mrs. Wcavre if Mrs. Eden was as pretty as she. “That is for others to judge.” "Did you lovo him?” "I did, sir.” •■liid he love you?” •■Hcsaidso.” “And then ran away with another woman?” '•Yes, sir.” ‘•Why didn’t you get a divorce?" "Didn’t want one.” “Why?" • Because I didn't.” "How old arc you?” “Forty-three.” And the general sat down apparently satisfied. Mr. Walter Brown read affidavits from Dr. C. L. Wilson, Mr. II. M. X’atterson, Mr. J. H. Clark, Dr. LeKoy Hcnlbomc and others. All these went to show that the hotly was that of J. P. Weaver. Ill aboritthrccmimitcs Judge Clarkcreadan ordt to the cfl'ect that Mrs. J. P. Weaver be enjoined from removing or in any manner interfering with 'the body of J. W. Herce, now interred in the Wcstvicw cemetery. He denied the injunction in tlic answered Mrs. Weaver. When the decision was announced Mrs. Herce LOOKED VEHY HAPPY, cud catching up her little girl walked out of the court room with her son and son-in-law. .Mrs. Weaver seemed deeply con cerned, but did not utter aword of complaint. She said to the reporter: ”1 don’t care for the money Mr. Weaver left, but I do want his body." It was five o’clock when the trial was finished. When J. W. Pierce cr J. P, Weaver was killed in the Georgia PuciSc railroad accident, on the 14th day of December, a memorandum hook,found on his person,which contains a pre scription on tho front page, written with an indelible pencil. This recipe was in tlio same handwriting as that of the letters written to Mrs. Woavor, as was shown in tho affidavits read before tho court Saturday. Yesterday Mrs. Weaver’s attorneys, I.och- rane & Lochrane and Mr. W’altcr Brown re ceived from a leading physician of Indianapo lis, a sworn statement to tho cflcct that tho prescription was tho same as tho ouc ho had given J. P. Weaver a few years ago, and which Weaver copied in his hook at tho timo the pre scription was filled. DRJ8HH BULL’S MsTflnic Syrup FOR THE CURE OF FEVER and AGUE Or CHILLS and FEVER, AND ALL MALARIAL DISEASES. • The proprietor of this celebrated medicine Justly claim* for it a superiority over all rem edies ever offored to thopuhliojfoMheSAFE, CERTAIN, SPEEDY and PERMANENT euro of Ague and Favor,or Chilis and Fever,wheth er of short or long standing. He refers to the entire ’Western and Southern eountry to boar him testimony to the truth of the aseertioji that in no oase whatever will it tail to cure if the directions aro strictly followedaD doamed out. In a great many cases a tingle dose has been iufilolent for a euro, and wltole families have boon ourod by a single botUe, with aper fect restoration of tho general health. It is, however,prudent,and sn every case more cer tain to cure, if ita nso is oontinued in smaUer doses for a week or two after the disease has boon cheeked,more especially in difficult and long-standing oases. Usually this medicine will not require any aid to keep the bowel* m good order. Should the patient, however, re quire a cathartic medicine, after having taken three or four dotes of the Toaie, a single dose of KENTS VEGETABLE FAMILY PILLS will be sufficient. Use no other. SB. JOHN BULL’S SMITH’S TONIC SYRUP, BULL’S SARSAPARILLA, BULL’S WORM DESTROYER, The Popular Remedies of the Day. Principal ones, 831 Main St., LOUISVILLE,KT. tUgl-.Om sat man thur & »ky top coin rm ACME HARROW. Tirl HAVE IN STORE A LARGE LOT THK31 Yf jurtly celebrated Harrows. No farmer should ‘ wfthouto.ie. Prices for one horse F. O. A. CM; IAKK W. JOHNSON w CO., 27 Marietta St., Atlanta. Ga. two horse F .0. B. 827.50. Send for circulars. MARK W. JOHNSON A CO. SHORTHAND bv mail. UIIUII I Good pay to writer*. Writ* tor term*. ALLISON SHORTHAND Institute, Nashville, Venn. Mention this paper.feh»—wkyly Harsh purgative remedies aro fast giving way to the gentlo action and mild effects of Carter's little liver pills. If you try them, they will certainly pleaso yori. f Notes About Farming. One of the most successful planters in Geor gia says the best preparation that can be mado •brputting in guano or compost is done by using v of the rigid and left hand Johnson wings with < wide scooter or bulllougue which makes a ... 'able turn shovel that opens out ana does the V. or k to perfection. Far opening furrows in bot tom lands, for plnntingcorn, bursting out middies [ plowing up stalks, etc., these plows haven’t an equal. The work of the fender and wing in plowiug.young cotton is splendid. Flowing in oats with a wing and scooter subsoils and turns the land Just right. You can adjust them -to even do the work or the heel scrape. In fact, there Is no use any longer fur the common steel plows, as there wings and the scooters ore taking their places and arc ro much cheaper to Keep up. * tlic marital relations alleged in the swer denied every statement and averment in the bitt. She claimed, the body most cin- phLtlcally as that of liter husband, the said there could he no doubt of tho Identity of * tlic body, and she desired to have the body In terred near the home of herself and children at sr-niD future day, hut such waa fur from her desire nt ti c present time. Hire desired tho court to give direr Hon to’lhe administrator on the estate to have the body properly Interred in Weatvicw cemetery, to remain until ALL AND EVERY LITIGATION growing out of his decease and cause thereof shall be fully ended and determined. She recited in tho bill for injunction rcstraiuing all parries from hav ing tho body removed without permission from the court. When she first arrived in the city sire visited the cemetery ami recognized the body ns thut of her husband, .-he first learned or the death of her husband by a letter received mallet) on the Western and Atlantic roarl. This letter simply Inclosed a clipping from Tur. Constitution aim tlio business card of her husband when he was in the undertakingbusiuess in the city of Indianapolis. The party mailing the clipping and card must have known all about her husband. 8he came to Atlanta, feeling satis fied that it was her husband who-lmd been killed, ns she knew lie was in this part of tho country, at on tire 13th of November he hud mailed a lctler to her father, lie desired to kerp secret his where abouts on account of the tremolo with Eden, anil by liis request sbe addressed him ns J. W. Fierce. She was married to J. F. Weaver by John S. Gulliver, pastor of tho New England Congregational church of Chicago, Illinois, ill 1N57, February 25th. Weaver removed to Texas in lMss, taking with lilm>bout *8,000. lie returned in February, ISSi, and was SHOT BY WILLIAM EDEN, the hatband of the woman with whom he lmd gone off. Tho wound was in the hack of the neck. Dr. Leroy S. Hen- theme dressed the wound, and tho samo doclorcx- r,mined the body when it was exhumed at West view, and recognized it as that of J. F. Weaver, her husband, bhe referred to the ullidnvit of Mr. Hedges, the undertaker witli whom Weaver was in business with, and who said the body was that of Weaver. Mrs. Weaver said that while her hus band w ns sick she had suspicion of his fidelity and kept watch upon bis correspondence. Stic suc ceeded in gening hold of a letter to Mrs. Eden, and handing tlic letter to him charged him with bis infidelity. Ho acknowledged all and promised to reform. Ho was In copartnership with Colonel C. H. MurdockArun- ning the Grand Central hotel nt Fort Worth. When lie recovered sufficiently ho went to-. Fort Worth, nr.d there she found him living wmi'-Mrs. Eden. He was going under the narno of J. W. Fierce. She had him arrested and be was lined *1,000, of which amount she received 8500. Mr. Ladseii, for Fierce, rendu number of affida vits. C. W. Belton, who was with Fierco THE NIGHT OP THE WRECK, testified that he liad known deceased some time and that tho body in tho cemetery it that of J. W. Fierce, of Texas. Fierce could not read or write. Mr. Lovelady, of Texas, testified that he knew J. W. J'ieree well. lie never kept hotel at Fort Wurth, and could not read or write. He went to the cemetery and recognized tbo body of deceased as that of J. W. Fierce. The affidavit of K. L. Jones showed -that ho had written several letters for Fierce. Ha wrote to John Answartby in reference to Gipsy, the Arab!- between them. I he face was bfi Send your orders for dry goods, carpets nud all liouscfumishing goods to M. Itich & Bros.,r>4 and Whitehall street, Atlanta, Ga., the leading hi.use in tlio south. They guaran tee their price on everything in their lino to ho as low as those of any house la New York, Samples sent on application. Orders given tho same attention as personal purchases. For promptness and reliability address M. Rich & Bros. Mention the Constitution. A STANDARD MEDICAL WORK FOR YOONS AND MIDDLE-AGED MEN. ONLY 81 BY ."JAIL. 1’OSTPATD. ILLUSTRATIVE SAMPI-E Fit EE TO ALL. iMJHYSELF. Great Medical Work on Manhood Exhausted Vitality, Nervous and Physical De bility, Premature Decline in Mon, Errors of Youth, and the untold miseries resulting from indiscre tion or excesses. A book for every man, young, middle aged and old. It contains 125 prescrip tions for all lacutc and chronic diseases, each one of which is invaluable. So found by tho Author, ase experience for 25; years Is such as probably er berore fell to the lot or any physician. 800 pages, bound in beautiful French muslin, emboss ed covers, full gilt, guaranteed to be a finer work In every sense—than any other work sold In this Gold medal awarded the author by the National Medical Association, to the President of which tho Hon. P. A. Bissell, and associate officers of the Beard the reader is respectfully referred. The Science of Life should be read by tho young for instruction, and tby the afflicted for relict It will benefit all.—London Lancet. There is no member of society to whom tha Science of Life will not bo nsclhl. whether youth, parent, guardian, instructor or clergyman.—Argo naut. Address the Peabody Mc-dical Institute, or Dr. W. H. rarker, No. 4 Bnlflnch street, Boston, Mass., who may be consulted on all diseases requiring l-kill and experience. Chronic and obstinate discos- an instance of failure. Men- tion this paper.may4—dly mon wed frIAwky THYSELF Schenck’s Mandrake Pills >”* v.l GUARANTEED SATISFACTION. •-JDr.il ~i?lT When ussd as directed for Bilious ness, Vertigo, General Debility Constipation, Sense of Fullness, Flatulence, Sour Stomach, Liver D ringemcnts, Headache, and all Disorders caused by faulty secre tions of the Stomach, Iaver and Bowels J. H. Schenck ft t-’on, Fl'.iln’le'pfiia, Pa. Med f.i wky u : _i Finest Rolled Gold Rings. Half-round, price ..* 9C Band, price £S Sets, price 1 25 Stamps taken. Send slip of paper for size. Dealers, peddlers and agents sup- plied with a full lino of Jewelry and watches at wholesale rates. BADGES Solid goldorplatcd. school, society or military, Mason ic,ftc, our specialiy.Badges for graduating clas-es of schools and colleges. Send stamp for illustrated cata logue. Special designs |l free on applicafion. F. O. Boxfi. Mention this paper. HART JEWELRY CO, Atlanta, Ga, MARKHAM HOUSE. For Fifteen Days Only. NO CURE ! NO PAY 1 Knowing that the unfortunate have been ha-’ poced upon by unprincipled pretenders, whq charge largely In advance F Bermuda Grass Roots, IKOM PASTL’RE So YEARS' IN USE, ENOUGH for 1 A. S3.00. Spanish m aunts S1.75 bushel. G. ft L O. Tay—., —oarrs Station, Ga. Mention this paper. Established 1840k Incorporated !8G«. THE fZLSMUTKD “BRADFORD" PORTABLE ILL C23K, WHUT i, f£S9. FLOUU ILL Kicamst EfcX’l for descriptive Circular. Addreri plainly Tho Thos. Bradford Co. +3, 87, 29 A S3 Luck Sk CZjKCUCKATL, o. Oct27-wh7 2d 3d 4tUwk* ENGINES, SAW MILLS, VTATEK-WIIKELS, MILL STONES, CKISUEU MILLS. B E SURE TO GET OUK PRICES BEFORE YOU buy. Send for circulars ofthe best tiling ever invented for tbe fanner. Mention Constitution. A. A. DnLOACII ft lino., Atlanta Ga. Jnn. 5, wky. THE IN THE LARGEST SEED HOUSE SOUTH. ALL If if* os of’ 2 Bend for New Illustrated Catalojraqfo-1 flSO» And prices of Field Seeds. Mailed FKJLia* T. W. WOOD & SONS, Wholesale end Retail SeeJsmin. Klchmund. Ya. Mention this paper. janio—wkySm st.. Chicago. Ills. Mention this paper. IcbgZwS I A^ooS: worth $10. on a <TRP» S'?A K _ r W?!!ffi 8 !®f Lll B Mention this paper. by tho Union l*ub Co., m m:n Newark,N.J. Scad stomps for post’# fob33 —\vky5t milE BEST GOODS ARE ALWAYS CHEAPEST.- A If you want a good boggy, wagon or carriage *°»unwky stoclc °*wagon company. EXCELSIOR CARPET STRETCHER. Sell, rapidly. Pay. l,; a . M.YO.OOO .old. Agcnti wanted. 1-ocul or traveling, samplo free. It. tv Moxtuoss, Galina, Mich., fiolo Manufacturer. Mention this paper.Jcb23—wkyft D ocs For. sale-four good settETwand , two fine pointers; good hunters. Very chean it taken now. Send stamp for price UsL Address, Gate City kennel, Atlanta. Ga.d&wlt CARDEN Canr.Gt b« Surpassed. Ftew Seed Catalogue fer 18E6. Free to of.’. Ben pnb!!.»brd. Over iS.nOD ccn!*a al ready mailed. Voc oesht to>have it. Seudyoor Adrln-s* at once on a postal card for a copy to «. Heaiy Kaal3, 17oD FiiSsri Sliest, ttaeaua, Fa. jau!2—wky tf c o w OR. WILBUR lias adopted this plan: That he will charge nothing for advice, consultation or treatment, un til the patient pronounces himself well. The only charge being made is for Medicines Used During Treatment. Dr. Wilbur, Specialist, Treats succcsEftiUv Chronic and long standing dis eases, such as Diseases of the Head, Throat and Lungs, Liver, Kidney and Heart Complaints. In- vetcrate Diseases of uio Stomach (that have defied nil other methods.) those ftarftil diseases of the Nervous System, (arising from whatever cause) Scrofula, Dropsy, Paralysis, Fits, Fever, Sores, Contracted Cords, Enlarged and Stiff Joints, Rheu matism, Neuralgia, Sciatica, Diseased Bone. De formities, Salt Rheum, Erysipelas. Scalu Head, Ill-conditioned Ulcers, Syphilis, Nasal Polypus, Asthma, Hay Fever, Bote Cold, Winter Coughs, Chronic Diarrhoea and Diabetes. All may bo cun dby this wonderful system if not too far ad vanced. Rone Diseases cured when all othet methods have foiled. LADIES who are suffering with complaints pe culiar to their sex. can consult tho doctor with every assurance of speedy relief and permanent \irtoi particularly invites all casesthat have „ -Tin up by other physicians. If you arc-doing well under the care of your own physician do not call on me, as our province is to treat those who cannot tind relief elsewhere. The doc tar will remove one Tape Worn free, of harge; also, straighten the first case at Eyes that presents itself at the Hotel, i*ei?r Consultation and Examination F.REE! r k The Doctor can be Consulted from lO a. m. to O p. m. , TESTIMONIALS* Mr. Henry Singleton, of Macon, was paralyzed in both limbs for six months. He was carried to Dr. Wilbur** office in a hack. lie took Dr. Wilbur's treatment, and Is now all well and works on one of his drays every day. Mrs. 3Iarv Smith,* of Vcrora, Miss, was pro nounced incurable and her disease w&t called con sumption. She heard of Dr. Wilbur’s skill, and went clear to Nashville, Tcnn., to have him treat her. In four months she was a well woman. Bertha A., daughter of Valentine Kahn, of 111 Cotton Avenue, Mason, was sick eight years, was treated by eminent doctors of Macon, Atlanta and New York without deriving any benefit. As a last report she applied to Dr. Wilbur, and today is a well girl. Mr. Hunt, manager of Clarendon hotel, Mem- pliis, lir.'j.a gi.T r.tiw in 1..- cv.pbiy ua::v d Ward, who had not seen out of her right eye since l^TS, and the left one was nearly gone. Dr. Wilbur re- stored her sight, so now she works every day at tho hotel 31 r. Thomas Long, Hall’s Cross Roads, Knox county, Tcnn.. was as deaf as a po.-t for seven years. Dr. Wilbur cured him. 3ir. c. L. Benson, of Lexington, Kv., was deaf for fourteen years. His father was a physician, and took him to see some very eminent 31.* R's, but did him no good. Dr. Wilbur made him all right ia a short time. Mrs. F. A. Nichol. 8S2 South Summer street, Nash ville, had backache, bearing down, all gone, tired feelings, dizzy head and other female complaints for several years, and was cured in four months by Dr. Wilbur, without being subjected to the embar rossing procedure of an examination. 3Iiss Lama Henderson, 103 Leonard street, Oliat- tanc oga, had an ulcer ou hex arm si*: Inches long, over three years. She went to eminent 31. D’s in Cincinnati, Lynchburg. Atlanta, Rome and Chat tanooga, and none of them could euro if, but ad- vised cer to have her arm cut off as the only reme dy to save her life. She ah;o had a terrible case of catarrh, which rendered her breath offensive. She heaid of Dr. Wilbur's great success, ar.d tried him as a last resort before having her arm amputated. 1 he doctor cured her catarrh and healed her arm entirely in two months. The doctor invites correspondence from people at n distance, but never answers any letters unless they contain two 2-cent stamps. Those above arc only a few of the many testimo nials obtained by Dr. Wilbur all over Kentucky, TfBBfMi and Georgia. dAwlm S HE LARGEST STOCK CARRIAGES, BUG gles and wagons in the south, will be found as ‘hum wagon company’s repository, Llbran building, Atlanta.sun wky * £ iTnv5li!i m * H Will pay sood salary and all rxne.isea, Writa for fc-rmt. «tatiug fcxpcrteace ao.l tv-ury *amcJL SLOAN A CO.. Hasufaziarer*. 291 Ueorje St., CiaclLnaU, U T HE "OLD RELIABLE” 1HLBDRN WAGON has been on the market for thirty-seven yean ask your neighbor, he will say buy tho Mill.urn. d sun a wky tf Tabor, Eliljay. Ga. fubii.vkyl . 3 MirTHO-JMLT.ENE, i only niritsur.Ti.'Yi.oinl ! n Per-rnnwathr Jisj.lvM sn- . . —. - u pern nous hair, root A brs*eh» in five minute? patn, discoloration, or ini ary Our patent I-Vmnlo Svrinar and iWdor A-thi not only |,L 1* Is, »>ut poaitivuly l»K t.V ENT diwsM. l or pealed particulars, senit <!«• in^tunrm IIXIVI.IISITV ciIemr-ai, PUKPaUfr-re^Nl t. OHI.N . 1. So. Witlh Slrf.-t,l’lilladclpbiiu F. TITANTED—A SITUATION AS DRUG CLERK IV by a young man who has hal two years oxpc rlcnce. Good references Riven. Address j. « Hunter, 1‘. O. Box -fitt, Litchfield, III. „ky miDINGS OF COMFORT AND JOY."- V UO l X cart for the small sum of SOS and s :.'i For 0CCU1 ’ aat **» **• TPpPs nuEB^sfluni MK&m -PORTABLE Kitts. SELECT RiFUGK BilHRS. JO K M * fzrz&xn-** 1 MPl' * Straub Machinery C&, curci2*:fkrr & ATLANTA SAW WORKS, i Manufacturer* el ivery variety of S^fiu-WS ! I rf’-' _ '<y - . And dealers In T r.->VSAVi MILL ‘ p V Visk- 1 - Meutiou tuLs paper. 3rontioa ihi-i paper. febZi— w ky iut e o w 2 fcb2J —wky lot cow ^ SU?PL,ES . ji '>-■;« Workmanship > , Kunrc.fitetsd to s > give fvrfe.-t taUkfaction. "I iSSS ^ SEr " Atlanta, Ga. cctfl—ttVjOiu RUNAWAY NEGRO! A NEGRO CALLING 11IMJELI HENRY NEEL .left my employ on the night of the t-lth Inst, uuu stole my double case silver w.stch. I will giVQ TEN DOLLARS REWARD for Ills apprehension and the recovery of thQ u atCii; or five dollars- for either of them, the negro or the watch. Said Henry Noel is r. black negro, medium size, about £0 years old. loft arm cut off below the elbow, slightly bald, and when he left me had on brown pants, black coat and wool hat. Answers sometime:, to the name of Joliu Lee.’ HENRY SMITH. Cork. Butts county. Gft. Guar an Boltwr«Bond a ^ does not mob; AOENoi^xi^IkhSHnffii^.T^k 1 Mention thh* nancr. I lan 12 tucs thur