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CONSTITUTIONALIST.
AUGUSTA. GA.
SATURDAY MORNING, AUG. 21,1869
IT STILL LIVES.
Absence from the city, during a large
portion of one week, prevented an earlier
rejoinder to the article copied elsewhere
from the Journal dk Messenger. It will be
eeen that our able and accomplished
brother replies to the comments we re
cently made upon his editorial headed
“ Let Us Bury the Dead and Take Care of the.
Living," in a way that renders it .proper
that we should respond to his contradic
tion and offer our readers some additional
remarks upon the same subject.
He says we “misapprehend the pur
pose and misunderstand the language of
the article” referred to. He did “not
dream of advising anyoody to ‘join ’ or
* build up ’ the Radical party, or ‘ either of
the wings of the so-called Republican
party,’ ” as we seemed to fear.
He further says that he is as thoroughly
convinced as we are “ that both wings of
the Republicans ” are organized upon prin
ciples utterly subversive of all Constitu
tional Liberty, and that “ his thoughts by
day and dreams by night are devoted ex
clusively to devise some plan by which
their total overthrow can be most speedily
and completely effected."
These are utterances which we heartily
endorse. But, with such utterances, let us
most respectfully ask of our contemporary
how or why he continues to speak of the
greatr Democratic Party as he does.? Iu
his first article lie classed it with other de
funct organizations. He now, in contra
distinction from the States Rights party,
says: “The Democratic party remains, but
“in what does it resemble the National
“ Democratic Party of former days ? Are
“ the principles held by the Democrats of
“ the North and of the South the same as
“thosewhich they maintained in 1856?”
Again he says: “ There is, it is true, a
“ powerful, numerous and earnest opposi
“ tion to the ruling party to be found in
“ every State in the Union. It was this
“ which voted for the defeated leader of the
“ United States armies in the battles of
“the Peninsula and the Chickahominy;
“ and it was this party which supported
“ Seymour and Blair ! But, except in op
“ position to the Republican parly, where is
“ the community of conviction between the
“ masses of the Democratic party of the North
“ and the Democrats of the Smith, as to the
“principles of government which used to be
“ the foundation of their common action ?"
In reply to this, we simply refer our re
spected coadjutor in the great scheme of
Constitutional Liberty against the usurpa
tions of the present Ruling Party, which
give him and all the friends of good gov
ernment so much concern by day and by
night—we refer him, we say, to the princi
ples announced by that powerful organiza
tion known as the Democratic Party iir
their last convention at Ngw York, July,
1808, and upon which they rallied over
twenty-seven hundred thousand voters at the
election last Fall, as we showed in our
comments referred to. Did they not an
nounce, among other things, these great,
living, practical principles :
“ Immediate restoration of all the States
to their rights in the Union under the Con
stitution, and of civil government to the
American people.
“Amnesty for all past political offenses,
and the regulation pf the elective franchise
in their States by their citizens.”
“ Reform of abuse in administration, the
expulsion of corrupt men from office, the
abrogation of useless offices,'the restora
tion of rightful authority to and the inde
pendence of the executive and judicial de
partments of the Government, and the
subordination of the military to the civil
power, to the end that the usurpations of
Congress and the despotism of the sword
mav cease.”
“In demanding these measures and re
forms we arraign the Radical party for its
disregard of right and the unparalleled op
pression and tyranny which have marked
its career. After the most solemn and
unanimous pledge of both Houses of Con
gress to prosecute the war exclusively for
the maintenance of the Government and the
preservation of the Union under the Consti
tution, it has repeatedly violated that most
sacred pledge, under which alone was ral
lied that noble volunteer army which
carried our flag to victory. Instead or re
storing the Union, it has, so far as lay in
its power, dissolved it, and subjected ten
States in time of profound peace to military
despotism and negro supremacy; it has
nullified there the right of trial by jury ; it
has abolished the habeas 'corpus —the most
sacred writ of liberty; it has overthrown the
freedom of speech and of the press ; it has
substituted arbitrary seizures and arrests
and military trials and secret star-cham
ber inquisition for the Constitutional tri
bunals ; it has disregarded, in times of
peace, the right of the people to be free
from searches and seizures ; it has entered
the post and telegraph offices, and even the
private rooms of individuals, and seized
their private papers and letters, without
auy specific charge or notice of affidavit,
as required by the organic law; it has con
verted the American Capitol into a bastile;
it lias established a system of spies and
official espoiuage to which no Constitu
tional Monarchies of Europe would dare
to resort; it has abolished the right of ap
peal, on important Constitutional ques
tions, to the supreme judicial tribunal, and
threatens to curtail or destroy its original
jurisdiction which is irrevocably vested by
the Constitution, etc.”
Again, did not this earnest as well as
powerful organization, in the same conven
tion, declare—
“ And wc do declare and resolve that,
ever since the people of the United States
threw of all snbjection to the British
crown, tlie privilege and trust of suffrage
have belonged to the" several States, and
have been granted, regulated and control
ed exclusively by the political power of
each State respectively, and that any at
tempt by Congress, on any pretext what
ever, to deprive any State of this right, or
interfere with its exercise, is a flagrant
usurpation of power which can find no
warrant in the Constitution, and, if sanc
tioned by the people, will subvert our form
of government, and can only end in a sin
gle, centralized and consolidated govern
ment, in which the separate existence of
the States will be entirely absorbed, and an
unqualified desposition to be established, in
place of Federal Union of coequal States,
and that we regard the reconstruction acts,
so-called, of Congresses such a usurpation,
and unconstitutional; revolutionary and void.' 1
Is there no “ community of conviction ”
between Southern Democrats and North
ern Democrats upon the living principles
aud issues thus presented ? Old issues,
which divided them in the past, may be
dead; but are not these principles and
issues still living ? Do they not rest upon,
and are they not in full accord with, the
immutable truths embraced in the Ken
tucky and Virginia Resolutions of 1798-99 ?
Our friend of the Journal and Messenger
says: “We desire the union of every ele
“ ment of opposition to Radicalism, at the
“ North and South, on a platform suited to
“ the times in which we live, adapted to the
“ circumstances by which we are surrouud
“ ed, and freed from the dead-wood of by
“ gone issues.”
Just so say we. But what better plat
form does he want for this purpose than
the one above set forth, and which we
verily believe a majority of the voters of
the United States to-day, eveft with the
enfranchised negroes, are ready to sustain.
Why, every breeze that blows from East or
West comes laden with mutterings of dis
content from those who helped defeat Sey
mour, and borne on its wings, too, we hear
glad tidings from tlie uprising Democratic
hosts. What other party can the South
look to as the* party of self-preservation
than the grand Democratic party now
struggling for the restoration and perpetu
ation of the august principles of the Con
stitution ? This party not only “ remains,”
but will remain as long as the Constitu
tion continues to be, even nominally, recog
nized as the bond of the union of the States.
And in this organization, we firmly believe,
is the only hope of the country. » With all
our heart, then, do we say “ let us bury the
dead ” issues of the past and “ take care of
the living” principles of the Constitution,
by standing firmly with that great politi
cal organization which now, in every State,
is making such a gallant struggle for their
rescue, maintenance and perpetuation.
[Journal & Messenger, August 17th.
“Let Us Bury the Dead and Take Care
of the Living.”
We’regret that our valued cotemporary,
the Augusta Constitutionalist, has misap
prehended the purpose and misunderstood
the language of the article which we pub
lished a few days ago, headed. “Let us
Bury the Dead and Take Care of the Living.”
We did not intend to be mysterious iu our
design or ambiguous in our expression, nor
did we dream of advising anybody to
“join” or “build up” the Radical party or
“either of the wings of the so-called Repub
lican party,” as our cotemporary seems to
fear. Neither had we the faintest intention
of “looking one way” while we “were writ
ing another.’ 1 . We meant to be clear and
explicit, and if our respected friend in
Augusta has misinterpreted- our "“general
drift,” we think it is attributable more to
the morbid sensitiveness of his nature than
to any ambiguity in our language.
We are as thoroughly convinced as he is
that “both wings of the Republican party”
are “organized upon principles utterly sub
versive of all Constitutional liberty,” and
that “if Liberty is ever to be restored to
this country it must be done by a total
overthrow of the present ruling party.”
Our thoughts by day and our dreams by
night are devoted exclusively to devise
some plan by which this total overthrow
can be most speedily aud completely effected.
And it was this very desire which prompted
us to write the article in which our cotem
porary has discovered so much insiduous
heresy.
We do consider—we do confess it—that
the present ruling party is a “living party.”
It is frightfully lively, and it is daily grow
ing in activity and strength, as it is in
venom and malevolence. It is rearing its
hideous, spotted head in many places at
the South, and wherever the Old Line
Whig, the straight-out Democrat, and the
uncompromising States Rights man are
severally most confident that their party
and no other can save the country, and are
most obstinate in their refusal to unite for
the common defense, there the “ruling
party ” will be found to be most active,
most powerful, most venomous and most
malevolent. While these divisions and old
partialities continue to distract us—while
the Whig regards the Democrat as the
cause of “ all our woe,” and the Calhoun
ite refuses to affiliate with the party that
surrendered the citadel of States Rights
by voting for the Compromise Measures
—the ruling party wilt continue to grow
in strength Our sympathies, our pre
dilections and couvictions are all on the
side of the State Rights party. We have
never belonged to any other. We be
lieve that its principles were nearer
the true faith as held by the authors
of the Constitution and of the federative
system of government under which we are
supposed to live, that those of any other
party that ever existed. But what hope
is there that those principles will become
the political faith of a national party suffi
ciently numerous and powerful to over
throw the ruling party? Our cotemporary
admits that “ there are issues, questions
and measures of the past which are dead,”
and wishes with all his heart that they
may be buried. He refers particularly to
the right of secession and to the questions
growing out of African slavery. We agree
with him that these issues, questions and
measures are dead, but we insist that when
he concedes this he must agree with h's
that the party, of whose existence they
were the life-blood, is dead, too. We may
mourn the death, but our regrets and tears
can uever reanimate the corpse. Its life
departed at Appomattox Court House on
the 9tli of April, 1865. Admit, as our co
temporary does, that the several members
of the political partnership called the Uni
ted States have no longer the right to dis
solve the partnership for any cause what
ever, and that it is tlie right of tlie majori
ty to rule, and admit the right of that ma
jority to prescribe, regulate and abolish
the domestic institutions of the minority,
nay, even to decree who shall vote and who
shall not, and the existence of States
Rights can hardly be maintained by sensi
ble people.
As'to the Whig party it is so long dead
that even its bones can no longer be used
as relies. It was a great, powerful aud
patriotic organization. Its exponents were
among the greatest intellects that ever
adorned any age or country. But belief in
its resuscitation is hardly less silly to-day
than that of the spiritualist who has places
at his dinner table reserved for deceased
members of his family.
Tlie Democratic party remains. But in
what does it resemble tlie National Demo
cratic party of former days. Are the prin
ciples held by Democrats at the North and
at the South the same as those which they
maintained in 1856, the last year in which
the party was united in its faith and in its
purposes? What community of feeling is
there between the “ war Democrat” who
flew to arms to annihilate the sovereignty
of eleven States of the Union, who sanc
tioned the tinkling of Mr. Seward’s little
bell, the banishment of Vallandigham, the
arbitrary arrests of the thousands who
filled every fortress in the Northern States,
—what community of feeling, we repeat, is
there between him and the Democrats who
like the late Tom Seymour, the recently
deceased Isaac Toucey, or that inflexible
patriot, Franklin Pierce, insisted that the
General Government had no constitutional
authority to coerce a State ? What practi
cal resemblance is tiiere to-day between the
doctrines of what is now called the Demo
cratic party and the Democratic platform
which was adopted at Cincinnati in 1856,
or in Charleston in 1860?
There is, it is true, a powerful, numer
ous and earnest opposition to the ruling:
party to be found in every State in the
Uuion. It was this party that voted for
the defeated leader of the U. S. Army in
the battles of the Peninsula and the Chick
ahominy; and it was this party winch
supported Seymour and Blair 1 But, ex
cept in the opposition to the Republican
party, where is the community of convic
tion between the masses of the Democratic
party of the North and the Democrats of
the South as to the principles of govern
ment which used to be the foundation of
their common action? We at the South
may contend for the principles of the Vir
ginia and Kentucky resolutions. They dq
“ set forth clearly and truthfully the na
ture aud character of our Government and
all our safeguards of liberty.” But are the
war Democrats, who plume themselves on
their war record, of the same opinion ?
How do their acts and professions square
with the “ eternal truths and principles
embraced in those resolutions'?”
It is obvious, then, that to revive the old
parties and platiorms as they existed be
fore the war is a hopeless and ruinous task.
We repeat what we remarked in the article
to which our cotemporary took exception,
that each of the old parties believes that
the only salvation of the country depends
on the revival of his party, forgetting that
the Democratic, States Rights, and the
Whig party, as living organizations, are
dead aud buried, and there can be no
parties at the South now but the party of
Self-Preservation, composed of the intelli
gence, virtue and respectability of the en
tire people, fused and cemented together
by a common interest, inspired by a com
mon danger, and animated by a purpose to
rescue the liberties and prosperity of their
couutry from the despoiling grasp of the
mongrel enemy which seeks to crush the one
and ruin the other.
We desire the union of every element of
opposition to Radicalism at the North and
South, on a platform suited to the times in
which we live, adapted to the circumstances
by which we are surrounded, aud freed
from the deadwood of bygone issues. We
want to see our people grapple with the
living issues of the present and uot leave
the common enemy to consummate our
ruin, while we spend our strength and time
in a vain effort to recall the past.
Nor vvil I mere party politics—struggles
for political supremacy—of themselves
work out the redemption of our country.
We must make intelligent and well direct
ed efforts to re-establish our material pros
perity by developing our system of vast re
sources, improving our system of agricul
ture, utilizing the immense manufacturing
power which a bounteous Providence has
given us, regulating our labor system to
suit our altered condition, improving the
morals of the people by diffusing more
widely the Bible and the spelling book,
amending and enforcing our laws, making
Truth, Justice and Moderation the control
ing guides of our conduct, and thus repos
sessing ourselves of these elements of pow
er which will restore our former influence
in the control and direction of the Govern
ment.
We know that our purpose is honest.
We believe that it is wise. W e feel that
we can regain our liberties and be the most
prosperous people upon earth, but that we
can “ never do so if we lose our time and
waste our energy rummaging in the politi
cal dust-heap of the past, and trying to fan
into a flame the expired cinders of defunct
political parties.”
The Cotton Supply-Review by the Lon
don Times.
The London Times, of the 14th instant,
has an editorial on the subject of the cotton
supply, which was transmitted by cable
on Saturday, wherein it says: »
A curious aspect has just been given to
the question of the cotton supply. Just as
the association for promoting this object
is bolding its usual meeting, a merchant
writes us that Manchester alone is respon
sible for the scarcity it suffers. With all
its wealth, enterprise and confidence, it has
never invested a penny in the cotton field.
The conclusion of the outside world obvi
ously is, that those who know most aoont
cotton planting can never pay. Their cau
tion acts in others, and cotton culture is
discouraged. If the Manchester spinners
would establish a cotton company, with a
large capital employed in the heart of India,
things would be different; but they stand
aloof and refuse to risk their money in ad
venture, and when cotton comes to them
they drive it down to a losing point.
The asociation urge the establishment of
large cotton fields in Ethiopia, but the re
commendation, though interesting to grow
ers, has little effect to cause more cotton
to be grown. Cobden and his friends
maintained it was not the duty of the man
ufacturer to concern himself with the
South, but merely to offer a sure and steady
market for the produce. If India under
sold America by a farthing in the pound
on equal quality, she would command
the Lancashire market. Tim true policy
of the manufacturer was to keep the market
open and give preference to the best cottons.
How these doctrines ended we need not
say, but the singular complaint of our cor
respondent lends illustration to argument.
He resents the practice of the manufactu
rer in driving clown the price. It is not
natural for the buyer to cheapen the arti
cle. Does not the remark strengthen the
argument that tlie same people ought not
to be buyers and sellers ? His figures state
that the average Indian cotton, formerly
bringing four pence per pound, now brings
ten pence, and it may be many years before
it is lower than seven pence. If this means
that seven pence would remunerate and
satisfy Lancashire, the mighty question
may be near its solution. Remembering
that the cardinal question is price, and
that cotton stuffs can be sold to the mar
kets of the world, aud that the money to
recompense the grower and spinner comes
from the pockets of the weaver, it is use
less to grow and spin if it cannot be sold in
quantity and at price to remunerate all
concerned.
Up to the time of the American war
these, conditions were fulfilled. The South
produced and Lancashire manufactured so
cheaply that the article commanded the
markets of the world. The price of India
cotton is now two and a half times greater
than formerly, which is enough to demolish
the whale trade. No wonder that looms
are idle. Cheap goods and dear cotton are
intfbmpatible. Until cheap goods are pro
duced trade cannot revive. If the average
of 7 pence pays the grower, there is.no rea
son why industry should not revive. A
protective tariff will not always prevail.
If tlie prices spoken of will satisfy con
sumers and remunerate producers there is
nothing to prevent the speedy revival of
production and consumption. But be
tween the spinner and the grower must
necessarily exist ordinary commercial an
tagonism. Cotton is now at 10 pence in
stead of 4 pence, because American compe
tition is reduced. Tiie price can only be
abated by a return to large and more regu
lar supplies. If India be our feeder it can
only be on terms of free and open trade.—
Cotton growers must be prepared for a re
vival of American industry and the compe
tition of the whole world. In such a race
India would have great advantages, which,
if measured by the judicious action of the
Government, it is probable that Indian
agriculture anrl British industry might be
established on broad and permanent pros
perity.
Tiie (Ecumenical Council—Reported
Action of American Bishops.— lt is
rumored, with what degree ot truth it is
impossible to say, states the New York
Herald, that ever since the calling of the
(Ecumenical Council by Pope Pio Nino
quite a busy correspondence has been car
ried on with regard to it between the
Archbishops and Bishops of the Roman
Catholic Church in this country. The ob
ject of this, it is said, was to come to some
understanding between themselves in order
to act, so far as was possible, in full co
operation during the deliberations of the
council. One point upon which these
rumors have it that an agreement was ar
rived at is mentioned as being the relation
of the State aud the church, and that this
agreement was to the effect that the repre
sentatives in the council of their church in
this country will urge for general adoption
the American system of complete severance
of the church from the State, restoring to
it fall liberty of motion untrammeled by
the political power of the country, and
basing it upon the voluntary adhesion of
its followers* at the same time renouncing
all active interference with the political
administration of government. Should
these rumors be founded in fact, the Ameri
can prelates may exercise a healthy in
fluence upon the future of the Catholic
world.
Steamer Cumberland Explodes Her
Boiler—About Twenty Lives Lost.—
Mt. Vernon, Ind., August 14.—Tiie steamer
Cumberland, of the Evansville and Cairo
packet line, exploded her boiler near
Shawneetown at 4 o’clock this rooming.
The officers were all saved except Samuel
Copeland, mail agent, who is missing.
Fifteen or twenty of the passengers and
deck crew are lost. Six bodies are already
recovered. The boat is a total loss; insur
ance #6,000. The safe and books are also
lost. A portion of the cargo, consisting
principally of wheat and corn, will be
saved.
{Special Dispatch to the Courier-Journal.
The Mississippi Levees.— We are more
than pleased to learn that the contract for
building the levees in Bolivar, Washington
and Issaquena counties, has been awarded
to Oapt. W. M. Williams and Martin Keary,
both of whom are well and favorably known
in this city. T¥iis is the largest contract
ever awarded in the Mississippi Valley, and
in letting the same to these gentlemen, the
board were assured that they had the
means and ability to advance the work rap
idly. Some idea of the magnitude of the
work can be formed, when we consider that
it comprises fifteen hundred thousand cubic
yards of earth, and the capital required for
the undertaking will approximate one mil
lion of dollars.— Vicksburg Herald.
Honobs to Mb. Peaboby .—Figaro says:
“ While London raised a monument to ,the
wealthy American, Mr. Peabody, the Pope
has ordered a bust to the Yankee so univer
sally honored. On his voyage to Rome,
Mr. Peabody presented to the treasury of
Pope Pius IX., for his poor, $1,000,000. A
fact curious to note is that Mr. Peabody is
a Protestant.”
Decisions of the Supreme Court of
" Georgia.
Delivered at Atlanta, Tuesday, August 17.
reported expressly for the constitu
tion, BY N. J. HAMMOND, SUPREME COURT
REPORTER.
John E. Jones el. al , plaintiffs in error, vs.
the Macon and Brunswick Railroad
Company, defendants In error. InjtißC
tion, from Bibb.
J.
1. An injunction, which is a harsh reme
dy, should not be granted until a cl*n'
prima facie case is .made by the bill. The
allegation must be direct and positive. A
charge that they are true, “ on information
received from others,” is insufficent.
2- IfcJs not’necessary to the adjudication
of this ease, for this court to decide whether
the fifth section of the acts granting the
aid of the State to the Air-Line Railroad
Company, when applied to any other com
pany, is constitutional or not.
3. Said section, if constitutional, does not
confer upon any citizen or tax payer of
this State any right to institute any suit or
to file any bill in any court of this State,
to inquire into the conduct of the Legisla
ture in the passage of any actor resolution
on the subject of State aid, or into the con
duct of the Executive in issuing theitoßds
of the State, as both are responsible to the
people alone, and not to the courts; or to
inqaire whether the company has complied
with the terms of the act granting Slate
aid, or whether the necessary subscriptions
have been mad?, or to intermeddhi in any
way in the affairs of the company, further
than is necessary to the investigation oPthe
single question, whether the company has
sold the bonds indorsed by the State for
less than ninety cents in the dollar; aud in
case of a bill filed by a citizen or tax payer,
the court should confine the investigation
to that issue alone.
4. It was the duty of the Chancellor,’un
der the resolution passed by the Legislature
on ihe 28th of January, 1869, to dissolve
the injunction in this case. . i ®
Judgment affirmed.
William Dongherty, Lvon,
and Irvin for plaintiff in error.
Whittle & Gnstin and W. Hope Hull for
defendant in error.
Joel Kitchens, el. al., plaintiffs in erwßiw.
Elizabeth Kitchens, defendant in error
Brown C. J.
1. In a proceeding to establish a will,
which is alleged to have been destroyed
since the death of tlie testator, it is neces
sary to prove the execution of the will, by
three subscribing witnesses, if in life, and
within the jurisdiction of the court, as in
case of probate, in solemn form.
2. The contents of the will must be prov
ed, and the presumption of revocation, by
the testator, which is raised by law, rebut
ted by such evidence as clearly satisfies the
conscience of the jury, but this may be
done by tlie subscribing witnesses, or any
other competent testimony, and, in case the
testimony is in conflict, the jury, as in all
other cases, are the judges of the credibility
of the witnesses.
3. Anew trial will not be granted in a
case of this character, where there is evi
dence to sustain the verdict under the rules
above laid down.
Judgment affirmed.
W. W. Clark, F. Jordan and A. Reese for
plaintiffs in error.
W- A. Lofton, George T. Bartlett for de
fendant in error.
B. F. Wilder, et. al. os., J. H. Blount, Ad
ministrator. Bill for Direction, from
Jones.
McCay, J.
A testator provided that one-seventh of
his property should, at his death, be set off
to his married daughter, and the remainder
be kept together by his wife, who Was the
executrix, for ihe support and education of
his five minor children, mentioned by
name, until they should respectively come
of age, or the girls mnrrv, in which event,
the children marrying, or coiping of age,
should take out one-sixth, one-fifth, one
quarter, and so on, to the last; aud “should
either of said minors die, before coming of
age, etc., his or her share to cease to exist,
and become the joint and common property
of those living, : He'd, That by the words,
“those living,” in the quoted clause, he
meant those living of the five minors.
Held, further, That if one of the “five”
should die before twenty one, or, if a girl
before marriage, the share of the one so
dying belongs to all of the “five minors"
then living, and not solely to those of the
five Who remain minorw, at the death o? the
one dying.
Judcrtient reversed.
J- Wingfield, by Thos. Alexander, for
plaintiffs in error.
Harris & Hunter for defendants in error.
Ex’rs of E. H. Adams, vs. Atlm’r of Eliab
Jones. Equity, from Macon.
Warner, J.
A bill was filed by the administrator of
Jones, against Adams, alleging, that, in
July, 1849, Jones had committed an offense
against the laws of this State, which would
have subjected him to punishment In the
penitentiary, and being anxious to leave
the State, went to the house of Adams, and
while there, Adams, taking advantage of
his situation, fraudulently obtained from
Jones an absolute title to all of Jones’ prop
erty, including land and personal property,
promising Jones that he would pay his
debts, and after - retaining the amount of
one thousand aud fifty dollars advanced to
Jones to enable him to get out of the State,
that lie would pay over the balance to
Jones or his family. The bill prayed for
an account and decree against Adams.
The answer of the defendant denied tfie
fraud charged, and claimed an absolute
title to the property conveyed by Jones to
Adams, discharged by any trust, express,
or implied. It further appeared from the
record, that. Jones had not been heard of
after leaving the State for more than seven
years, and that administration had been
granted on his estate by the ordinary of
Dooly county, where he last resided, and
where the land and other property was
located at the time of making the title deeds
therefor to Adams.
1. Held, That the obligations in complain
ants’ bill made a case of fraud, on the trial
of which parol evidence was admissableto
prove the fraud, and thereby raise an im
plied trust in favor of Jones and his family.
2. Held, also, That, the alleged widow of
the intestate (Mrs. joues) and his son, were
competent witness for the complainant' ou
the trial of the cause under the 3798 section
of the Code.
3. Held, further, That in the discretion of
the Chancellor, compound interest maj f be
charged on a final settlement with an im
plied trustee, who fraudulently obtains pos
session of the property, as well as against a
trustee appointed, who righlfuliy obtains
possession of the property, as provided bv
the 2562 section of the Code; the power
comes within tlie reason of the rule pre
scribed for the latter.
4. Held, also, That seven years absence
of Jones, without being heard of, was pre
sumptive evidence of his death, and author,.
ized the ordinary to grant letters of
tration ou his estate; and, although that
presumption might have been rebutted by
evidence on the trial, still, tiie letters of
administration were conclusive on the trial
of this case as to that part, in the absence of
any evidence, rebutting that presumption.
5. Held, Further, That in view of the
facts contained in this record, the defendant
is not protected by the Statute of Limita
tions nor by the equitable bar of lapse of
time.
6. The court charged the jury that “when
the answer is contradictory in itself, or con
tradicted by other evidence, the jury are
not bound to give credit to any portion of
it. Held: That this charge of the court
was too broad in the latter portion of it •
that it should have been left to the jury to
determine what credit they would give to
the answer, or to any part thereof.\ without
any intima'tion from the court j they were
the exclusive judges as to the credit to be
given to the answer of the defendant, in
view of the facts contained and stated
therein.
In my judgment, however, anew trial
ought not to be granted, in this case, for
this alleged error in the charge of the
court. Although the verdict may have
been somewhat too large, under the evi
dence, still, 1 should not, myself, be dis
posed to disturb the verdict of the jury;
yet, as the majority of the court are of the
opinion the judgment should be reversed,
unless the complainants shall write off from
the verdict the sum of three thousand six
hundred and twenty-one dollars and sixty
one cents, leaving the verdict to stand for
five thousand dollars. I concur in the
judgment gt the court to that effect.
Judgment reversed upon terms.
8. Hull, B. Ulll, George W. Fish, for
plaintlffju error.
W. 11. Robin sou, Phil Cook, Jas. Jack
son, L. E. Bleckley, for defendant in error.
State Items.
The Southwestern Railroad agent gives
notice that passengers on that road will be
passed to and from all points at ouc fare
for the next ten days.
Dr. Sears, agent of the Peabody Fund,
has made a donation of sl,Rou for the sup
port of the public schools of Columbus for
the ensuing year.
In Muscogee Superior Court, on Wednes
day,. George H. Brown was indicted for
keeping a gaming table. / His counsel
moved that the indlctment#»e quashed, on
the ground that keno did Mot tome und<r
the statute against gambling. The court
overruled the motion, and the case went
to trial before a jury, who found a verdict
of guilty, and the Judge imposed a fine of
S3OO. The ease is to be carried to the
Supreme Court.
The Columbus Bun reports a half acre of
cotton within city limits, many stalks of
which are ten to twelve feet in height.
The Sun says two more bales of the new
crop have been received in Columbus —one
from the plantation of E. G. Djiwson, Esq.,
in Alabama, on Tuesday, and one from the
plantation of Mr. A. C. Flcwellen, in
Stewart couuty, Ga., on Wednesday. Both
were classed good middling, and bought
by Chas. Rogers & Son, at 31c.
The Hawkinsville Dispatch learns that
the rust is doing much injury to the cotton
in Pulaski and adjoining counties. The
caterpillar is also at work. Cotton is
opening rapidly.
The Dispatch reports the first bale of
new crop cotton as arriving in Hawkins
ville on Wednesday, from the plantation
of Messrs. Polhill & Marchenan. Classed
as strict middling, weighiug 511 pounds,
and sold for 31 cents.
The Rock Island Paper Mills property,
■at, Columbus, is advertised to be sold on
the first Monday in September next, at
Opelika, by the United States Marshal,
under an execution from the United States
District Court of Alabama.
Cotton, both in Baldwin and Putnam, is
represented to be suffering from rust and
drought—particularly the latter '
A revival is progressing in the colored
Baptist and Methodist churches at Mil
ledgeville. Fifteen were baptised in the
Baptist faith on last Sunday, and about
forty have united with the Methodist
Church.
Mrs. Miller Grieve, consort of Colonel
Miller Grieve, of Miiledgevilie, died on the
10th ipstant.
[From the Macon Telegraph.
William Zeigler's Will —A Large and In
teresting Lawsuit,
Conspicuous among the attractions of
“ Rose Hill Cemetery,” in this city, is the
vault in which reposes the remains of Wil
liam Zeigler, late of Crawford county, in
this State. It was erected there Iqy his ex
ecutor, in conformity with specific iustruc-
contained in his last will and testa
ment. He gave minute directions in regard
to the selection of his coffin and shroud,
and expressed the desire that the site for
his vault should be located as near as prac
ticable to the monument erected to the
memory*of the late Oliver IT. Prince, Esq.
The dimensions of his vault, the materials
of which it should be constructed, and all
of its appurtenances, were indicated by
himself in this most solemn form. It re
mained in a good state of preservation from
1855, tl\e year in which he became its ten
ant, until ten years afterwards, when it was
visited by some of “ Sherman’s angels,”
whose sacriligious hands did not spare even
the homes of our sleeping dead.
But it is not of this vault that we intend
ed to speak. We would suggest, however,
to those who shared his ample fortune to
repair the damages which it lias sustained,
and to preserve it in future in the maimer
indicated by their munificent benefactor.
Another provision of his will has elicited
no little comment in our city for several
days past, which was. doubtless, occasion
ed by the appearance in our midst of two
strangers in the person of a colored woman
and her iWffiffT
Public curiosity was, to some, extent, sat
isfied, whan it. was ascertained-that they
were legatees under the will of William
Zeigler, and that their Visit to our city was
for the purpose of engaging, counsel to in
stitute suit, if necessary, for ilie recovery of
their rei4ieottt<»>iiWjMMiiiii)t u Mwiriw.tr -fawned
that our friend, Oof. .John B. Weems, had
been retained by them for this purpose, we
took the liberty of soliciting of him an ex
amination of the item of the will under
which they claim.
During his life he owned a woman slave
named Mary, by whom he had three chil
dren, to-wit: Malinda Ann, William Henry
and Octavia, the paternity of whom, it is
conceded, Mr. Zeigler always acknowledged.
The future welfare of this woman and her
children seemed to be his chief care. He
provided in the second item of his will for
their removal, at his death, to a State whose
laws would tolerate their prompt manu
mission! and for them to be comfortably
settled there by his executor; the expenses
of which should be paid out of -his estate.
He thus bequeathed to Mary the sum of
ten thousand dollars, and to each of the
said children the sum-of thirty thousand
dollars, the interest of width should be ap
plied to their support, education and main
tenance until they should arrive, respective
ly, to the age of twenty-one years. In the
event of the death of either of the children
before majority, he further provided, that
his os her shave should be equally divided
between the survivors, and in case two of
them should die, their legacies should vest
in The survivor. It is evident from the
letter, as well as the spirit of his will, that
ample provision for Mary and her children
was prominent in his mind. After the
execution of his will it occurred to him that
a bequest, directly to them, might defeat
his intentions; hence he published a codicil,
bequeathing their respective legacies to his
two brothers, Jlenrv and Lewis Zeigler
and his nephew and executor, John W.
Dent, in trust for* the children, and required
of each a bond with approved security, in
the sum of fifty thousand dollars for the
faithful execution of their trusts.
The testamentary trustees or guardians
haviugrenounced their trusts, others were
appointed in their stead, in dne form of law
and according to the requirements set forth
in the codicil. It is against these trustees
and their securities that a recovery will be
invoked.
We forbear any expression of opinion
upon the case, as it will be soon subjected
Ho judicial investigation in the Circuit
'■Court of the United States. The amount
' claimed by them approximates to the hand
some sum of $200,000.
Col. Weems has associated with him in
gthe case, the firm of Messrs. N is bets & Jack
son and Col. L. N. Whittle. Their clients
may rest assured that their cause is com
giitted to safe hands.
Diamond Cut Diamond.—An adroit
swindle, in which all the parties concerned
were cheated, has just come to light in New
York. Some ‘persons representing them
selves as thieves offered to sell a broker
|125,000 of alleged stolen bonds for SIOO,-
000. The broker informed the detectives,
who, anxious to make their little fifty per
ceat. commission, agreed to buy. The de
tectives met the bond-sellers at a tavern in
Hadson, N.«J The package of bonds was
exchanged for a package of money. Then
with valor the detectives arrested the
thieves and opened the packages. The
SH>O,OOO in money which the honest officers
of the law had given the thieves, were
found to be all counterfeits. The $125,000
in bonds which the thieves had given the
detectives were found to be three pounds
of brown paper and a single genuine SIOO
bon A- All hands were swindled, the
“ shtrp ” detectives being sold as badly as
the thieves.
Ri'V. Father McDonald, of Key W«t, was
attacked with yellow fever while offi&ating
at thd altar on the 18th ult., and dim'in
sixtt hours. He was a young man, aged
twenty-six, and distinguished for his piety
and mental endowments. His death left
Key West temporarily without a priest, and
the ftueral services were held by a layman
and sisters of the convent.
BY TELEGRAPH.
[ -'pecittl Dispatch to the Constitutionalist.
New York ('losing Slock Quotations.
REPORTED BY HOYT & GARDNER.
New Yoke, August 20—P. M.
The following are the closing quotations
this day :
American G01d... .'132%
Adams Express 57
New York Central, cx div 201 %
Erie
Hudson River x 192
Reading 96%
Michigan Central 130
Cleveland & Pittsburg 105
Chicago and Northwestern 87%
Chicago and Northwestern, pref. 97%
Milwaukee and St. Paul 81%
Milwaukee and St. Paul, pref 89%
Lake Shore 107%
Chicago & Rock Island 115%
Toledo, Wibash & Western 75
Toledo, Wabash & Western, pref. 73
New Jersey Central 105%
Pittsburg & Fort Wayne 152
Ohio & Mississippi 32%
Hanibal & St. Joseph 123
Hanibal & St. Joseph, pref 123
Tennessee, old 61%
Tennessee, new 52
Georgia 6’s 83
Georgia 7’s 91%
North Carolina, old. 46%
North Carolina, new 50%
Alabama B’s 98
Virginia Sixes 55
Missouri 6’s 86%
Pacific Mail, ex div : 71%
Western Union Telegraph 38%
Stocks feverish. Gold weak.
[Associated Press Dispatches.
WASHINGTON.
Washington, August 20—Noon.—Gen.
Spinner makes an elaborate explanation of
the San Francisco dispatch implicating
Boutwell in favoritism or negligence.—
Spinner controls the transfers between New
York and San Francisco, and is alone re
sponsible for irregularities which are ex
plained by telegraph, delays and differences
of dates.
Washington, August 20 — P. M.—Here
after no squatter or citizen will be allowed
to reside ou military reservations, unless
employed, and must leave when discharged
by the Government. Post commanders
must give intruders reasonable notice, and
then use force.
The President returns on Thursday, for
the Cabinet meeting next Friday.
Revenue to-day, $353,000.
Delano decides that tax withheld by cor
porations from dividends cannot be charg
ed as expenses of business.
Delano decides that bowling alleys at
Summer resorts, even where no charge is
made for playing, are subjected to United
States tax.
Warrants have been issued for the arrest
of parties implicated in the Mobile whisky
and tobacco frauds in the schooner Ann C.
Case. Included among those to be arrested
is a rich Cincinnatian.
PENNSYLVANIA.
Gettysburg, August 19.—Numerous
letters have been received from Southern
Generals, accepting the invitation to par
ticipate injthe identification of the battle
field. Several express fears that the occa
sion will revive the memory of former
strife, but the majority take a different
view, and think the battle should be hon
estly and truthfully handed down to future
generations.
Williamsport, August 20.—Martin Bill
mire, confined for illicit -distillation, cut
his throat.
August 20.—The Labor
Convention adopted resolutions recom
mending Trades Unions to make an imme
diate effort to secure a thorough organiza
tion of female labor, and the same pay for
work equally well done as allowed to men,
and denouncing coolie labor, bat declaring
that voluntary Chinese immigrants should
be protected like other citizens. A special
! committee ou the new political party was
; appointed. * *
WEST VIRGINIA.
White Sulphur Springs, August 20.
At the convention of the Southern Plant
ers; to-day, speeches were made by YV. T.
Suthcrlin, of Virginia, Hon. Mr. Chyme, Os
Pa., D. M. Barringer, of N. C., General
Lawton, of Georgia, and others. Siitherlin
said that in Virginia oiie-third of a crop of
corn only would be made, and about half
a crop of tobacco.
VIRGINIA.
Richmond, August 2b.— I The drought is
so bad in this vicinity that the forest trees
are dying. To-day is the seventy-eighth*
since rain enough has fallen to thoroughly
wet tho ground. Thermometer, 101.
Gustav us A. Myers, a prominent lawyer,
and many years President of the City Coun
cil, died to-day.
NEW YORK.
New York, August 20. — The Erie Rail
way brings the New Orleans Base Ball
Club here at half rates
OHIO.
Cincinnati, August 20.—The first bale
of new cotton was received from Natchez,
Miss.
FOREIGN.
Vienna, August 20.—Baron von Buest,
replying to the Prussian Minister’s note,
insists wlfat he said in committee yvas pri
vate, and declines discussion of questions
originating from inaccurate newspaper
statements.
Parts, August 20.—The Patrie asserts
that Car.ist bands were increasing within
Spain, and meets with some success, cap
turing nine officers and forty privates of
the Spanish army.
Madrid, August 20.—Forty-nine Carlists
were brought into Valcntia prisoners.—
Several Garlist bands were dispersed by'
troops with ill two days.
A band of Carlists, under Polo, was dis
persed at Ciudad Real, and Polo captured.
A conspiracy in favor of Astaurius has
been discovered.
London, August 20.—Two to one is of
fered on the Harvards, with’no takers.
The Queen has gone to Balmoral.
The French Minister, Lavalette, has pre
sented his credentials.
Havana, August 20.—Several insurgent
camps were dispersed in the Cinco Villas
district.
The directors of the Havana Railroad
have been removed for malversation.
MARKETS.
London, August 20—Noon.—Consols,
93. Bonds quiet and steady at 83%. Sugar
—spot firm.
London, August 20 Afternoon.
Weather favorable for crops. Sugar firmer
—spot, 39s 6d ; @39s 9d afloat, 27s 9s@2Bs.
London, August 20—Evening.—Turpen
tine, 20s. 6d.
Liverpool, August 20—Noon.—Cotton
active ; uplands, 13% ; Orieans, 14 ; sales,
20,000 balei%foy the week, 111,000 ; exports,
18,000 ; speculation, 30,000 ; stock, 228,000;
American, 105,000. Other markets unchang
ed.
Liverpool, August 20—Afternoon.—
Cotton—afloat,oßo,ooo, whereof, 20,000 were
American. Corn easier,.not lower. Lard,
78s. Bacon, Cos. Tallow, 475. 3d. Later
reports say sales of cotton will not exceed,
18,000. Yarns and Fabrics at Manchester
at better prices. Coin, 325. Red Western
Wheat, 9s. 10d<§)lls.
Liverpool, August 20—Evening.—Cot
ton shade firmer; uplands, 13%; Orleans,
14; sales, 18,000, whereof export and specu
lation took 8,000 bales.
Havre, August 20.—Cotton active; spot
quiet; afloat at 163% ; closed active both
spot and afloat at 163%.
New York, August 20—P. M.—Money
easy at G@7. Sterling dull and steady. Gold
weak fit 32%. Stocks irregular but active;
Governments closed strong; ’62’s, 23;
Southerns quiet but firm.
New York, August 20—Noon.—Stocks
firm. Money steady at G@7. Sterling—
long, 9%; short, 10%. Gold, 132%. ’62’s,
22%. Tennessees, ex coupon, 61%; new,
52; Virginias, ex coupon, 55; new, 60%;
Louisiana*, old, 71% asked; Levees, 65;
B’s, 84% ; Alabama B’s, 93; Georgia 6’s,
83; 7’s, 91%; North Carolinas, old, 50% :
new, 50.
New York, August 20—Noon.—Flour
10915 lower. Wheat 293 lower. Corn
less firm. Pork dull. Lard dull. Cotton
firmer at 05. Turpentine, 43' .. Rosin
steady. Freights quiet.
New York, August. 20—1». M.—Cotton
fib.v % better; dosing quiet; sales,
1.700 bales at 35. Flour dull ; superfine,
$5 7696 35 ; common to fair extra Southern,
$6-7097 10. Wheat heavy, red YV’estern,
new, $1 6991 60. Corn heavy, $1 1891 20.
Mess Pork dull ahcl heavy; new $33933 15.
Lard lower and firmer ; kettle, 20920%.
Whisky decidedly firmer at $1 2091 22.
Rice steady ; Carolina, 8%99%. Sugar
steady. Coffee in fair request. Molasses
quiet. Turpentine 42%@43%. Rosin $2 30
98 00. Freights unsettled.
Baltimore, August 20.—Cotton very
scarce at 34934%. Flour quiet and steady ;
low grades scarce. Wheat irregular ; prime
to choice red, $1 5091 65. Corn firm ;
white, $1 15 ; yellow, $1 16. Oats dull at
53955. Pork, $34. Bacon—shoulders, 16%
@16% ; hams, 24925. Lard, 20'0921. —
Whisky, $1 18; Virginias, old, 47; ’oo’s, 55 ;
’67’s, 52 bid.
Louisville, August 20.. —Provisions dull.
Mess Pork, $24924 50. Bacon—shoulders,
16%@16%; clear sides, 19%920; hams,
23%. Lard, 21. Whisky, $1 13.
Cincinnati, August 20.—Whisky, $1 15
91 16, holders ask higher. Provisions firm
and in little demand ; sales unchanged.—
Lard, 20.
St. Louis, August 20.—Whisky, $1 17.
Pork dull at $34934 25. Bacon quiet and
unchanged.
Wilmington, August 20.—Spirits Tur
pentine, 38%@39. Rosin steady at $1 60
94 50. Crude Turpentine steady at $2 50
93. Tar, $2 30.
Weather clear. Wind South. Ther
mometer, 84.
Mobile, August 20. — Cotton — Receipts
for the week, 40 bales ; exports coastwise,
481 bales; stock and shipboard, 1,042
bales; sales, 405 bales; sales to-day, 60
bales; closed stiff; low middling, 30; re
ceipts. 12 bales; exports, 11 bales. As
will be seen, our running account has been
Concluded, and now includes receipts by
wagon, damaged and sample cotton, of this,
400 bales are on shipboard.
New Orleans, August 20.—Cotton-
Receipts to-day, 353 ; for the week, gross,
715; net, 229; exports coastwise, 743;
stock, 1,421 ; sales to-day, 64 bales; mid
dling, nominally, 32. Flour scarce and
firm; superfine, $5 75J; double, $6 50, treble,
$6 65. Corn—mixed, 97%; white, $1. —
Oats, 60962. Bran lower, 97%. Hay, S2B.
Pork dull; it eld at $35 50. Bacon scarce
at 17%, 19%, 20; hams, 24925%. Lard
firm at 20920%; keg, 22@23. 'Sugar—
prime, 14%@14%; common, 11@12. Mo
lasses—reboiled, 60970. Whisky firmer at
$1 2091 21%. Coffee dull ; fair 15915%.
Gold, 132%. Sterling, 46; New York
Sight, % premium.
Charleston, August 20. — Cotton firmer,
%c better ; sales, 60 bales, of which 3 were
new ; classed middling at 39; middling, 32;
receipts, none ; exports coastwise, 67.
Savannah, August«, 20.—Cotton—re
ceipts, 46 bales.
Augusta Daily Market.
Office Diky Constitutionalist, )
Friday, August 20—F. M. \
FINANCIAL
GOLD—DuII. Baying at 131 and selling
at 134.
SlLVEß—Nominal. Buying at sell
ing at 138.
COTTON.—The market continues firm ;
sales of 26 hales were effected ou a basis of
32% for middling. Stayers find difficulty in
filling orders, owing to ibe very light stock on
hand, which was ascertained to he only 198
bales. Two hales ot new cotton were received
to-day, classed strict middling, and sold at 33,
Sales, 26 bales. Receipts, 26 hales.
BACON—Continues tirm. Wo quote 0.
Sides, 22 ; C. R. Sides, 31%; B B. Side?, 20;
Shoulders, 18%; Hants, 21 @26; Dry Salt
Shoulders, 16%@17; Dry Salt ('. 1! Sides, 20.
CORN—DuII ; market overstocked.. We
quote choice white, SI 25 ; f,l 21 /roru depot.
WHEAT—We quote choice white, $1 70@
1 80; amber, *1 60@1 65; red, fl 509)1 55.
FLOUR—City Mills, old, s6@9; new, |7 50
@10; at retail, $1 barrel higher. Coun
try, according to quality.
CORN MEAL—SI 80 at wholesale, and $1 40
at retail.
PEAS—No supply. Selling at $L 50 for
seed.
Local News.
The Late Craig Robbery.
THE ROBBERS ARRESTED.
$2,100 OF THE MONEY RECOVERED.
A COTTON MATRESS MADE A
BANK OF DEPOSIT.
Tin* readers of the Constitutionalist
will remember that, on the morning of the
20th of July', it was announced that a week
previous the office of Mr. John Craig, bro
ker, in this city, had been robbed in broad
daylight of a package of greenbacks,
amounting to $5,01)0. Within a few days
alter the money was missed, several color
ed parties were arrested and held on sus
picion, but the most industrious efforts of
the police failed to develop any evidence to
criminate cither those arrested or others,
at that time suspected of connection with
the robbery. The manner in which the
money was abstracted from Mr. Craig’s
office, the package having been clandestine
ly slipped from the drawer in which it was
deposited, during business hours, made it
all the more difficult to trace the robbery,
with any degree of accuracy, to the guilty
parties. The first efforts made by the po
lice to obtain a cine as to the perpetrators
of the bold and daring theft having failed,
the excitement in connection with the mat
ter subsided, and it was generally conceded
that there was not the most remote proba
bility that the mystery would ever be un
ravelled, or any part of the money recover
ed. *
But the faith and watchfulness of Chief
of Police Christian and his efficient sub-,
ordinate officers did not wlioily abate in
the matter, and they have since kept an eye
and ear open, in the administration of the
duties incident to their official position,
trusting that in the exhibition of a quiet
and undemonstrative policy they would
sooner or later be enabled to profit by the
indiscretions of the thief. The sequel
proves the wisdom of the determination
and the promptness and tact displayed in
following up to a successful result the
seeming weak circumstantial chain of evi
dence of which they became possessed.
Suspicion had been directed towards a
couple of colored youths, Wade Johnson
and Thomas Boyer, who, within the past
week, had been distributing greenbacks
with great prodigality at a den on Bridge
Row, and indulging themselves in games of
chance at various quarters of this city and
in Hamburg. A close watch was kept upon
their movements, and the reckless ex
penditure of money by them, which it
was well known from their reputation as
sneak thieves, they never acquired by hon
est means. On one particular day, It has
been nscei-tained that they spent in the city
upwards of S7O. As if to favor the ends of
justice in the discovery of their guilt, this
brace Os thieves, on Tuesday night last be
came involved in a difficulty with a negro
man Samuel Daniel at a negroboarding house
in the alley opposite the Lower Market, for
the assault upon whom they were arraigned
in the Recorder’s Court the following
morning and fined $5 each, and were
thence carried before Justice Ells for a
preliminary examination upon a charge of
assault and battery. In the latter court
they were held for trial before the City
Court in bonds of SIOO each. They had
promptly paid the fines imposed by the
Recorder, and with equal promptness fur
nished the bail demanded by Justice Ells
as Win. Hale (colored) wus induced to
stand their surety, by their deposit
ing in his hands, through an
outside sympathizer, S2OO in cash.
This fact coming to the knowledge 0 f the
police, strengthened the suspicions already
circumstantially strong against these
dusky brothers in crime. Another very
strong link of circumstantial'evidence was
developed Thursday afternoon, when one
of them, (Wade Johnson) appeared at police
headquarters and paid the fine im
posed upon Alice Scott, a negro girl, from
the Bridge Row den, convicted of vagrancy
before Justice Ells. Exhibiting particular
shrewdness, this friend of the depraved
Alice had taken the precaution to change
ail the money offered into shinplasters, so
as to mislead the minds of the police offi
cers. But this ruse did not have the desired
effect, and the police followed up the link
ing together of the developments above
noted.
About 10 o’clock on Thursday night,
they re-arrested Johnson and Boyer, the
former of whom was snugly ensconced in
the Bridge street den will) Alice Scott, his
dusky vagrant love. The latter was picked
up in equally respectable quarters, on the
Augusta Canal. The true cause’ of their
arrest was withheld from their knowledge,
and their curiosity satisfied with the
statement that they had been arrested
on a peace warrant, in connection with
the beating of Samuel Daniels. The ob
ject of this was to secure the arrest of
another negro, Bryant Lark, a reputed
uncle of Johnson, and who it was learned
had deposited the S2OO with Win. Hale to
induce him to stand security for the two
boys. The arrest of Lark was effected
aboijt 7 o’clock, yesterday morning, and he
was immediately committed to jail. A
short time after his arrest, Lark confessed
the money which lie deposited with Hale
was a portion of the amount which these
boys had stolen from Mr. Craig’s office, and
deposited at the house of a negro woman.
Adeline Tilman, on West Boundary, above
Jackson street. A s soon as this much had
been indicated, Chief of Police Christian
and Lieut. Walsh proceeded to the house
designated, and were proceeding to make a
search, when the negro woman refused to
allow the privilege. The latter officer re
turned to the Court House and obtained a
seaTch warrant, and, accompanied with
Constable Shaw, went back to the house
anil began a general search, in a small
room where three or four negro women
were busily engaged in ironing, with a fire
of an intensity represented by the officers
to be sufficient to have been used in the in
fernal regions, and to which fuel was con
tinually'added, doubtless with the view of
making Christian martyrs of the unwel
come visitors. But, Christian fortitude
withstood all the devices to weaken tiie
faith of the officers, and came off in Kingly
triumph.
Pending the‘search under the warrant,
Captain Bennett and Lieutenant King ar
rived at the house with additional proof,
gleaned from a confession made by Johnson
and Boyer, that a portion of the money was
certainly in the house. They informed
Adeline that Wade Johnson had sent a
message ordering the delivery of the money,
,but still she refused to make any revela
tions until shy. had seen the-boy. Lieuten
ant King then took her in a buggy and
drove to the guard-house, when Johnson
told her to surrender the money to the offi
cers. The woman was returned to her
house, and. indicated the whereabouts of
the money as in a imitress, which bore the
thread marks of having been ripped and
sowi'd up after its original manufacture.
The matress was promptly cut open, and,
a full arms length from the edge, was found
deposited a-package of $1,910, in ten and
twenty dollar .notes. The .negro woman
was placed under arrest, and will, wc pre
sume, be held for trial in connection with
the robbery.
The amount of money recover.!, in all,
$2,100, was yesterday deposited in the Na
tional Bank.
Johnson’s account of the perpetration of
the robbery is : That himself and Boyer
were together ou tin* 12th of July, in
front of Mr. Craig’s office. That they dis
covered the $5,000 package in the drawer
of the desk, which was partially opened,
and Mr. Craig sitting on the left hand side,
absorbed in writing. That Boyer, who
was barefooted, stealthily' ■entered the
office and secured the-tempting prize dis
played to their view. -They' afterwards re
paired to the river bank and endeavored to
count the money, but could not do so satis
factorily,- when they gathered it up, and at
night deposited it at the house where it
was found yesterday, and have since been
daily drawing upon their cotton matress
bank.
While there is reason to believe t hat the
disposition of the remainder of the missing
money may be traced, there is likewise a
reasonable inference that all has been re
covered which is at present accessible.
In this we have a strong attestation of
the truth that robbery, like murder, will
out.
The Georgia Railroad.—We have re
ceived a visit from S. K. Johnson, Esq., the
energetic and stirring Superintendent of
the Georgia Railroad, who has just returned
from a trip to tiie Atlanta termini. We
were pleased to learn from him that the
entire line of road is in excellent trim, that
freight is rapidly increasing, and that the
road is now doing a fine business. These
arc the natural sequences which follow the
prompt and faithful discharge of duty by
competent and efficient railroad officials.
New Cotton—Quick Work.—Messrs. \
T. Heard & Cos. received yesterday a bale
of new cotton from the plantation of Dr. J.
W. Rhodes, Burke county, which weighed
595 pounds, and was picked, ginned, packed
and brought .to the city within twenty-four
hours. It was classed strict middling and
sold for 33 cents.
Messrs. Evans & Russell received one
bale, weighing 677 pounds, from General
W. Evans, Columbia county, which was
sold for 33 cents.
A Surprising Decision.—The Commis
sioner of Internal Revenue has decided that
owners or masters of every vessel, steam
boat, or barge, are included within the
meaning of the law as express carriers, and
arc bound to take out a license. As ihis
applies to every seaboard and river town in
the United States the instructions will
doubtless cause some surprise to those
heretofore exempt from such a tax.
Excursionists.—The Atlanta Constitu
tion reports that live car loads of excur
sionists, from Taliaferro and Green couff
ties, passed up the Georgia Railroad on
Thursday morning, and stopped at Stone
Mountain.