Weekly chronicle & sentinel. (Augusta, Ga.) 1866-1877, April 26, 1876, Image 2

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Weekly chronicle & sentinel., April 26, 1876, Image 2

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Newspaper Page Textqgrctmicu ana &gntfml. 9t Ki>NESPAY APRIL 26 1*76 Landaulet Williams, s President!* partisan, swear* that Grant ordered him to famish 830,000 for election expensts in New York. General Kershaw is suggested to tb- D-*m'>craey as a suitable candidate f r Governor of Soath Carolina. A bettei man coaid not be selected. Th* Marietta Journal is also opposed to sending Congressmen to Bt. Loais, and says we have plenty of good mer outside of the national capital capable of nominating a President. R;gbt. We don’t want any Th bras rings, or ant other kind of rings, represented in the Convention. Mb. Jambs J. Gbeoo, who was shot a* Graniteville last Thunday evening, died yesterday from his wound. Mr. Gbboo was a most estimable and public spiriteo citizen, and his death is deeply and uni versally regretted. All accounts of th. homicide show a crael, cold-blooded and cowardly mnrder. It is to be hoped that the murderer will not escape that punish meat he so richly deserves. A communication in the Waynesboro Expositor suggests Hon. John J Jowbs, of Burke, as a suitable candidate for Governor. Mr. Jobes is an able and a pure man, and would doubtless makes good Governor. But Mr. Jones is still honored with the displeasure of the Re pnblican party. He left his seat in the United States CoDgress to espouse the cause of his State, and he has never been “pardoned." The Warrenton Clipper asks if John W. Woffobd, “who has now sprang into the Gubernatorial arena,” is not the same man who resigned his place in the Georgia Senate, and went to preach ing at the call of duty”? No; W. D. Anderson, of Cobb, resigned a seat in the House and went to preaching. John W. Woff )BD resigned a seat in the Senate and went to practicing law. Mr. Woffobd is not a preacher, but he is a very good man, and would make a good Governor. Thb Atlanta Constitution says, edi torially, of Hon. Geo. T. Babnes : “ This gentleman is very strongly sug “ gestod as a delegate from the State at ** large to the St. Louis Convention. He “ would certainly fill the position “ worthily, and act with the prudence “ peculiarly needed in the deliberations •• of that Convention. If Eastern Geor “ gia be represented among the dele -41 gates at large by him, we shall not object up this way ” Northern newspaper are quoting, apropos of the death of \ T. Htewakt, a letter written by him to a Sou hein merchant, April 29,1861, saying: “How e >er extensive may be secession or repu diation, as long as there are any to up hold the sovereignty of tbe United States, I shall be among them support ing tbe flag.” Mr. Stewabt remained at home, sud “ supported the flag” by engaging the products of nearly all the mills and selling them to the Govern ment at a large advance. Mr. Stbwabt's motto was “ the old fl ig—and a profit.” The Covington Star thinks there is too mach Macon in the Sixth District. It oomplains that Macon presents th ee gentlemen to represent tbe Distriot in the St Louis Convention —Messrs. Thos, Hardeman, Gliffobd Anderson and A. O. Baoon. We think the Star is mis taken about tbe matter. Messrs. Baoon, Anderson and Hardeman are suggested not as Distriot delegates, but as dele gates from the State-at-large. We do not suppose, however, that Mr. Harde man will be a candidate for tbe position, as he is a member of the State Execu tive Committee, and will have to assist in electing delegates from tbe State-at large. The Oartersville Express also has doubts about the Blodgett business, and says : “If all the insinuations we see in the papers be true, we have no idea that Foster Blodgett will ever be brought to judgment. Foster says himself there are too many prominent Democrats involved in swindling Geor gia for him to tell all he knows about stealing. Tbe Blodostt excitement subsided very soon and very ealmly. Blodgett fares well among his Atlanta friends and was the recipient of the kind hand shaking of a number of Atlanta gentlemen while under arrest. Do the 4 two thousand prominent gentlemen’ of Atlanta endorse also Blodgett as well as Kimball ?” The long continuing discussion be tween Messrs. Duke and Potts, the rep resentatives of Jackson county in the Legislature, has apparently been brought to a foons. Iu the last issue of the Forest News Mr. Duke thus pays his respects to his oolleague : “I do, there fore, publish to the world that the said J. H Potts, in denying his own pub lished statement, is an eater of bis own words and I further proclaim him to be destitute of tbe true principles of a gen tleman, a dealer in billingsgate, a de tainer of private character, a detestable brag, and a most malicious and infa mous liar, of whom 1 shall take no fur ther notice.” We await with anxiety the reply of the said J. M Potts. Tint Secretary of the Treasury has is sued his circular authorizing the imme diate redemption of paper fr lOtional ourreocy with silver eoin. Any gentle man to-day who wishes to hear the mu sioal clink of a pooket full of silver can do so, provided he has any to give in exchange. We are glad that the law has passed. We shall get rid of a currency easily counterfeited and destroyed, that is the filthy medium of the transmission of loathsome diseases, and have it replaced with silver. It looks, too, as if we are making oonsider able progress towards a resumption of specie payments, and that the hard money question may not enter promi nently into the coming political cam paign. Another aerial orchestra has been promised since the failure of Oolonel Randall’s. The Warrenton Clipper has something in a “little book” oouoerniug a candidate for Governor, and says: “We make no charges here and now, because we do not think Mr. Jakes prominent enough to make it worth while to shoot at him, but whenev r his candidacy swells large enough to get in anybody’s way of whom we are the champion, we'll see if we can’t contrib ute a mite towards putting a stopper on him. We keep a little book in which we enter little things for future refer ence, and in that little book we have Mr. Jakes’ name opposite a little ‘mem’ that will make ‘music in the air’ if we ever choose to put it in black and white." Tell os what these charges axe, Mr. dipptr, and let us not burst in ig noranee. Let ns see if it isn’t awful jolly when the band begins to pUv. W* believe we can now present a oot> reel list of the gentlemen whose names have been mentioned in connection with Gubernatorial honors: Oolonel Thor. Hardeman, Jr., General A. H. General L. J. Gabtrkll, ex Governor H. V. Johnson, Mr. J. H. Jakes, General A. R. Lawton, Mr. J. W. Wofford, Judge J. W. H. Underwood, Judge C. D. Me Cure hen, Judge A. & W right. Judge Jakes B. Hook, Judge Augustus Reese, Hoa. Martin J. Crawford, Hon. Herbert Fielder, Judge David Irwin, ex-Goveroor J. E. Bbowx, Hon. W. H. Dab net, Colonel Geo. N. Les teb, Oolonel J. R. Bbown, Colonel Jab M. Mobley, Hoo. D. A. Walker, Hon. L. N. Tbakkell, Judge L. E. Blbck u,, Judge Hibak Wabneb, General Wofford, General P. M. B. Yowng Any mistakes in or emissions from this ist will be promptly corrected when noted. DISTRICT DEMOCRATIC CONVENTION. At a meeting of members of the Demo cratic Executive Committee of the Eighth Congressional District, held in -this city to-day, it was recommended that the District Convention to select two dele rate* sud two alternates from thia Dis trict and to vote for four delegates and >ur alternate* from the State at large •o tbe National Democratic Oonveotioß, e held in tbe town of Greenes boro, on he 26th of Apr; . Each county is enti led to send to the Convention twioe as many delegatee as it has representatives u the Lower House of the General As <-mbly. The counties composing the District are requested to select their lelegates us soon ss possible. H. D. D. Twioos, Chairman. Jas. Davison. Secretary. Angnsts, April 3d, 1876. teds inwardness. The good Desoon Smith, who edits the Cincinnati Gazette, sometime* al lows bis true inwardness to betray him into strange mistakes. A obarga has been brought against Gen. Bouohton, Clerk of the House Committee on Mili tary Affairs, that he had been concerned in some disreputable transactions seve ral years age. The anthor of the charge And the principal witness against Boooh -oh i* Gen John A. Bridobland, whom President Grant made Consul at Havre. Gen. Banning, of Ohio, is Chairman of the Committee of which Gen. Bouohton is the Clerk. When this oharge was made, Gen. Banning wrote a letter to Mr. Attorney-General Edwards Pierbe pont asking information of Bridge la *d. Mr. Pierrepont replied by stat ing that “two indictments for embezzle ment were found against him on Novem ber 11th, 1870, in the United States Distriot Court, held at Tyler, in West ern Texas.” These cases have been con tinned from time to time, but the Attor ney-General has not authorized their dismissal. Yet the special dispatch containing the information given above, a* sent to the Cincinnati Gazette, was published in that paper and headed “Strong Evidence Against Banning’s Clerk.” Oh, Deacon, bow could yon! Didn’t you know better ? We are afraid that the true inwardness of tbe Gazette consists in subterfuges and misrepresen tations. LET JUSTICE BE DONE. In the last issue of the Griffin Newt we find the following paragraphs : Speaking of Governor Smith’s refusal to be a candidate for Governor: the Atlanta Constiixe lion says "thousands of people will regret to hear of the Governor's deoieion." The “thou sands" don't amount to a baker’s dozen If this part of the country is sny criterion.— Augusta Con stitutionaHd The clemency of the Executive paeeoth onr understanding He has just pardoned a msn for shontinir another. If It had been a woman needing a pardon, what then t Those who know the Chboniole and at all know that it is not tl>e partisan of Governor Smith or any other man We manage onr property in onr own way ; we nwe no man a favor, and we strive onlv to do what is right. We are in a position to be independent of any man or set of men, and we propose t.o continue so. Bnt we believe that jnstioe should be done to every person, whether high or low. So far as his offi cial acts areconoerne' we think that. Governor Smith has made a wise, faith ful and economical Chief Magistrate. We believe that, the State of Georgia owes a great deal to bis skill, his honesty and his fidelity. We believe he has riohly earned and deservedly received the thanks and gratitude of the people of the State, whose interests he has guarded and whose welfare he has zeal onslv protected. When the Constitu tionalist said that only a “baker’s dozen” in this part, of the country regretted Governor Smith’s withdrawal from the canvass, it labored under a great mis take, or else simply stated that which was inoorreot. We have every reason for believing that if Governor Smith had expressed the slightest desire for a re nomination he would have oarried Rich mond and a majority of the oounties of Middle Georgia. We know he has many warm friends in this Bection of the State, and if he had remained in the field he would have reoeived a very large vote. The Griffin News intimates that Gov ernor Smith onoe refused to grant Execu tive clemency where it was deserved. The News, of coarse, alludes to the case of Susan Eserhart. It has been charged by a few that this woman should have been pardoued, and that Gov. Smith should have interfered to prevent the execution of the sentenoe of tba law. We confess that we are not of this opinion. We read carefully the record of this trial, and saw all the evidence that eanaed the jury to bring in a verdict of gnilty. In our opinion the testimony fully justified the verdict. The evideuoe showed clearly and eoneUstrely that SuavN Eberhabt conspired with her paramour to kill her paramour’s wife, and that she was present when the deed was done, and aided and abetted a most cruel and cowardly mnrder. The jury properly found her gnilty, and Governor Smith would have forgotten his duty i< ho had interposed to shield her from the gallows. The woman re oeived a good deal o I undeserved sym pathy simply because she was a woman. Her male companion was execrated by every person who read a history of the crime. Bat it was something new in Georgia to hsng a woman, and henoe all the harsh and nnjnst criticisms of Gov. Smith and hi* refusal to interfere. Some newspapers seem to have forgotten that many of the darkest daadg recorded in tbe annals of orime have bees com raitted by women. For onr part, we think a great mistake would have been m ids if th’s woman bad been pardoned. She justly deserved death, and society would have bee* wronged by her par don or by a commutation of her punish ment. To those who. think differently, we simply say “read the record of tbe trial ” Those who follow this advice can not fail to be oonvineed of tbe wisdom and justice of his course. STEWART’S MILLIONS. The Baltimore American says the death of A. T. Stewabt did not dispel the mystery that enveloped the marble palaces in which he earned his colossal fortune. Nobody, except his confiden tial olerks, knew anything ationt his methods of making money (save that they were strictly honest), and although the busy toiler has gone to his rest, the publio have not been admitted into the secrets of his household. His last will and testament has been published in the aewspapers, bat it disclose# nothing be yond the fact that he left his whole e# fate, real and personal, to bis wife, ex cept a few small legacies to intimate frierds and dependents, and a million of dollars to hia bnainesa manager and legal adviser, Judge Hilton. Mr. Stewart seemed to shrink from the mighty task of distributing the vast es tate which he had acquired, and be ac cordingly icyped over the whole of it to his wife, and rag the great charities that he had founded is Lis lifetime were left without endowment, mugt that they were ec mm ended to the generosity, of his sole legate*. Mrs. Stewabt oan put them on an en#riffg foundation, or she can abandon them at bee discre tion. Bat tbs most mysterious thing of all is the reported a#!* of the whole of Mr. StbwAar’s persons* .estate to Judge Riltob for oue tniHian of dollars. The estimated valws of the stock of dry; goods and other prsporty acquired' by Judge Hilton by this pur , abase is something like tweaff-dvs millions of dollars. Evidently only a part of the transaction between Mrs. Stewart and Judge Hilton has been disclosed; bat, an far as is known, tbe latter seems to bra tamed over hir money legacy of a million of dollars to Ifrs Stewabt, and in consideration thereof she baa given him property worth twenty-five Million of dollars. Whether thia waa a bona fide sale, or whether the transaction was accompa nied with conditions that make Judge Hilton a trustee, ia not definitely known. Mrs. Stewabt has really made him one of the richest men in America by giving him the whole of the personal property whioh ahe inherited from her deceased husband, and it is certainly one of the most remarkable voluntary grants on record. GRANT IN A NEW ROLE. A New York dispatch to the Cincin nati Enquirer says that President Gbant has abandoned his third term aapira tions, and now aspires only to be tht President and Direoior of Rapid Tran sit in that oity, and with his Lientenant- Oommpdore C. K. Garrison, direct tilt construction of all the rapid transit railroads in the leading cities of thi country. We have the beet information to jnstify jnst snoh a conclusion. Rapid transit in New York haa been the ab sorbing theme for over fifteen years, and tbe decision of Judge Daniels, of the Sapreme Court, made on Saturday, makes it a snooess. Grant’s personal friends, Geobok H. Pullman, Genera Pobthb, his late Private Secretary, “ Boss" Shepherd, and others, it is understood, are heavy stockholders in the Gilbert Elevated Railway, of New York city, of whioh Colonel Foster is virtually the President. The Gilbert people have a charter that oarries with it extraordinary powers, and while Fos ter and Gilbert are mere “figure heads,” it is no secret that there was filed, long ago, in the County Clerk’s office, a document showing that Grant’s friends are the capitalists who will control rapid transit in that and other cities. General Wilson, the somewhat celebrated cavalry raider who, daring the two months’ secret session of the Sbliqman Commis- sion, was with Ulysses Grant, jnn., daily oloseted with Seligman, Robert Garrison and Alexander, is the man whose subordinate. Colonel Prichard, of Michigan, captured Jeff Davis. Associated with him as engineer in the interest of the Pullman Combination is Mr. Shubt, one of the civil engineers of the Commission, appointed under the Husted bill, which is understood to be the bill sustained by Tilden and Mayor Wickham. A very interesting circum stance in connnection with this inside history of rapid transit in New York, and Grant’s connection therewith, is that the Mayor’s Private Secretary, Burton G. Harr son, Mr. Jeff Davis’ Private Secretary dnring the war, was the Secretary of the Sbgliman Commis sion as well as one of its eoansel. Jo seph E Nevabbo, the President of the defanct and bankrupt Warehouse Com pany, is another capitalist, and is Treas urer of tbe “Manhattan Railroad Com pany,” it ia believed he is the general f ctotum of the Rapid Transit Ring. The Milledgeville Union and Record er says: “The retirement of Governor Smith from the raoe leaves the course dear for Governor Johnson, and makes his chanoes for the nomination much strooger. We believe a large majority of the people are in favor of his nomina tion, but if they want him they mast call him out, for he will not canvass or soramble for the nomination. We pub lish a communication, copied from the Chronicle and Sbntivb, whioh not only speaks the voice of old Pntnam, bnt of Baldwin, Hancock, Washington and many other counties throughout the State. Many of the Cherokee oounties have already spoken out for him, and if it was known that he would acoept a nomination there would be very little opposition to him. Speak out, gentle men, let your voice be heard for a man that even the Atlanta ring cannot cor rupt.” The shadow of fraud darkens the White House. MINOR TOPICS. Nevada, lowa, has just had a novel expe rience in the breaoh of promise line. A yonng lady of the town having recovered judgment against the estate of a deceased person, the alleged breaker of the marriage promise, it was shown on the trial that the deceased, an elderly man, had committed suioide upon being applied to by tbe youthful plaintiff to perform his vows; and the Court held that the suicidal act under the circumstances was a deliberate breach of promise for which his estate might he held liable. There was no plea of insanity in this case. Even in the backwoods of Pennsylvania does the fraudulent schemer flourish. Tho usual amouxt of money demanded last year in Blair oeuuty and other counties in the mountainous portions of the State, in payment cf bounties for the scalps of wild animals, incited some of the county authorities to investigation, which revealed a well dovjged and carefully executed scheme of defrauding tbe county treasuries. In one instance in Blair county tba skin of a colt had been out up and made into ears, which were palmed off as those of a fox- A large number of warrants have been issued against the persons suspected of the trade. Visnow*, Queen, Empress, etc., seems to be eoarcely as hospitable ti so heavily entitled a ruler ought to be. The story is told that on Snnday, the 13th of March, the Empress of Austria went to Windsor from London to pay a visit to the Queen. She arrived at 1 o’clock and remained an hoar. On her return her spe cial train waa detained at Slongh, three miles from Windsor, in oonseqnenoe of a quantity of telegraph coles blown down by the wiud and enow, blocking the line. Not having been pffered anything to eat at the oastle the Em press beoame ravenously hungry and was obliged to supp j*ate tbe station master for food, which he was fortunately able to furnish. The whole country waa shocked a few mo nthe ago when Gbxnt nominated and the Senate confirmed the infamous E, C. Billings as United Mates Judge for Louisiana to fill the place of the almost as infamous Dcbbell. The New Orleans Democrat, of the 18th comes to ha Q d with the statement that Billino-i offered bcof Casey (15,000 to secure the prize, one-third 1° S° to Caret, one-third to Senator West, and the remainder to be divided between Babcock and Pobtex- Casey hesitated, bnt the others were eager for tbe trade, and pushed it to completion in some ebape. The Democrat credits Casey wi b backing ont at the laat moment, and cannot say whether the (15.000 allotted to him was divided by thp Washington crowd or not. The march oi progress thyeffcepsto interfere seriously with the time honored practice of snoff-dippiug at the Sooth. The Hopkinsville (Ky.) Dmoerttf taken up the ondgeli agtlnet the Aapu, VI40I) It cbaieoieriz.es a* more violoua than opitun-eatigg pr whisky d inking. The picture it draws of the confirm ed “dipper" ought of itself to be sufficient to tarn the rising generation from the seductive fascination of the habit. Here it is : “ Lip? tb#i once looked like ripe cherries, and for on* kite fypn} which a man woold almost give hia right arm- mwy loqlF ffl ore like dried apples than any thing else we ?*• The cheek once full and rosy now sunken and colorless. Tie chin which looks lsnger now. glorias in a bronze-colored atripe which rsaebss fiom to the throat.” A committee of lb* Hopse, which had pro cured a numerous collection of the telegraphic dispatohee of Mr. B szeos, affical and private, in cipher H in plain English, discovered in the lot an* pf a peculiarly auspicious look, by reason of th# gogaual cipher words and the queer arrangement, ft atf rafted the greatest attention, and was carefully guarded leet it should be stolen or lost. At length, after much difficulty, th* key to the cipher was ob tained, when th# following startling disclosure was immediately made to the expectant com mittee : “Camden .V. /.-The baby j- troubled with teething and weaning. At this time the doctor thinka it may be dangerous. He ad yiagy the employment of e wet nurse, if a sound one esn be obtained. * The Secretary hae net gql been afforded en oppor tunity of explaining the ahoyp dispatch. Among the Presidential gossip here is a story yakvh has caused some quiet laughter.—' Some of Judge /cay Black's friends were anx ious thet the Pennayttacja Democratic Con vention should recommend him to tie Nation* 1 Convention as a Presidential candidate, but the Convention did not do so. Some days after it adjourned, the story goes. Judge Black' happened tojieet Judge David Davis, now frequently mentioned ape Democratic candi date to spite of .bis being an pld line Whig.— “Torn ought to tom to ffe, Judge,”, said Black to Dana, “hagause J am not a can-, didate.” “But you remain a good democrat,” said Davis. "Certainly," replied Black; “end Use the difference between you end m*. Judge. Ism a Democrat, but not a oendi date. and you are a candidate, but not a Demo crat.” A SAD OCCURRENCE. SHOOTING AFFAIR AT GKANITE VILLE. Malar J. J. Gregg mf Thi* City Shat and Dugrraaaly Waanded by a One Legged Maa Named Hebert MeEvey at Graaitevllle —MeEvay Arrested. A lamentable occurrence resulting in the serious if not fatal wounding of s prominent citizen of Augusta, took place at Graniteville, 8. C., yesterday. About eight years ago when Major J. J. Gregg was Superintendent of Granite ville Factory a one legged youth named Robert McEvoy, son of the gardner a' be Factory, was employed as errand ’toy. In the oonrse of time it was found •hat there was really no necessity foi -neh a person and the position wai •herefore abolished and yonng MoEvoi lismissed. The boy appeared to brood >ver this as an injury and to resolve ipon revenge. Some two years ago bt went to Texas and as his reputation ii Graniteville and vicinity was anything >ut good it was hoped that he would make a permanent stay in the Lone Stai ■tale. Three weeks ago, however, he returned to Graniteville. Yesterday the annual meeting of the Graniteville Factory was held at tbe mil and Major Gregg, who is a stockholder, was present. About half-past on t’clock, after tbe meeting had sd jonrned, and while he was ii the store room, Bear tbe bn°ines office, he was approached by Robert McEvoy, who said he wdnld like to speak to him before he left for Augusta. Major Gregg replied that he could speak to him then. McEvoy then said that Major Gregg -had him dismissed by charging that he stole money from him. Major Gregg immediately walked into the Directors’ office and asked Mr. Giles if McEvoy had been discharged on ac count of any accusation made by him in regard to McEvov’s stealing money from him. Mr. Giles replied that he had not. The office had been abolished, and McEvoy dismissed simply because there was no farther use for an errand boy. Major Gregg and McEvoy then retired to the Secretary’s office, close at hand. In a few seconds three shots, iD rapid succession, were heard in the di rection of this room, and McEvoy was seen to run out. From Major Gregg the following particulars were obtained by parties who hastened to the spot: It seems that on going into the Secretary’s offioe McEvoy repeated that he had been discharged on account of charges made against him by Major Gregg, and also made other remarks, which Major Gregg declared were not true. “Do you dispute my word, then ?” said McEvoy. “Of course I do if you say that,” replied Major Gregg. McEvoy immediately drew a pistol and fired three times. All of the balls struck Maj. Gregg, two on the left side, close together, and one lower down, naar the left hip. The two higher up penetrated the clothing, but merely braised the flesh and did not enter. One was found in Maj. Gregg’s clothing afterwards, and the other on the floor. The ball near the hip, however, entered and passing aronud or throngh the stomach, lodged nnder the skin on the right side, producing a very daugerous wound. As soon as McEvoy had fired his three shots, in rapid succession, he walked quickly to the door, thence into the hall, and finally to the street. Maj. Gregg was taken so completely by sur prise by the unprovoked and wanton attack, that it was some moments be fore he drew his pistol. As soon as b> did, however, he followed McEvoy and fired, but failed to strike him. McEvoy deliberately turned, and returned the fire, the ball striking the door facing, near Maj. Gregg. Mr. H. H. Hickman, President of the Graniteville Manufac turing Company, who had proceeded to the spot immediately upon bearing the firing, was standing not far from Maj Gregg, and narrowly escaped being struck by the ball fired from McEvoy’s pistol—the missile lodging in the door, within a few inches of his legs. Maj. Gregg, after firing once, turned back to the office, managed to step inside the door, and fell. Mr. Hick man, Mr. Boyce and others reached him in a moment (he had called for Mr Hickman and Mr. Boyce) and rendered him every assistance in their power. Dr. Russell, who lives in the village, was summoned immediately and a dis natch forwarded to Augusta to Drs. H F. Campbell and W. H. Doughty, through Maj. Huger, Agent of the South Carolina Railroad, requesting their presenoe in Graniteville as soon as pos sible. Maj. Huger gave immediate or ders for the accommodation train, which was on the eve of starting, to wait. He then jamped in a wagon close at hand and hurried post haste after Dr. Camp bell, whom he soon found and oarried back to the South Carolina depot. Dr. Campbell then boarded the accommoda tion train and proceeded to Graniteville. Maj. Huger next had a locomotive at taohed to a sleeping coach and went personally for Dr. Doughty. Just as the special train was about starting, however, Maj. Huger received a second telegram stating that Maj. Gregg would arrive in Augusta at 4, p. m., on the special train of the Charlotte, Columbia and Augusta Railroad, and asking him to request Dr. Doughty to wait with a carriage near the track, in o.’der to car ry the wounded man home. About half past four o’clock the train reached Au gnstr, and Maj. Gregg, who was under the influence of morphine, administered by Dr. Campbell, was placed on a litter and conveyed to his residence on Telfair street. After firing his fourth shot McEvoy made no attempt to escape, bnt walked quietly alopg. His father, who is a quiet, honest apd industrious man, went up to him and endeavored to tafce his pistol away from him. The young des perado resisted for some time, and threatened to shoot any one who should approach him. Finally, however, his father took the weapon away from him, and oarried him bank to the offioe, where he was taken in oharge by a con stable. He was sullen and defiant, and appeared to feel no sorrow for what he had done. To parties who asked him why he shot Major Gregg he replied that he wonld shoot any man who first shot at him. thus evidently attempting to convey tbe idea that Major Gregg first assumed the offensive. Major Gregg’s pistol, fioweyer, putting aside his own statement, showed that tfiis was false. It was, without doubt, a prear ranged determination on the yonng fiend’s part to assassinate Major Gregg in oold blood, without giving him the least showing. Major Gregg's deposi tion was taken down by the authorities at Graniteville before he was pnt on the train to be brought to Augusta, and cor responds substantially with what we hare stated above. The Trial .Justice at Graniteville at once proceeded to hold a preliminary investigation jn - the matter. McEvoy was bound oyer for trial, and in default of bail was sent to Aiken and commit ted to jail at that plane. He was de fiant to the last, and displayed a most insolent demeanor while the prelimi nary investigation was prog'easing, so much so that it was thought he bed another pistol and his person was ac cordingly searched. It was ascertained, however, tfiaf Jje hpfi no other arms about him. Mij. Gregg's eonditiou last pyeniug was txceedingly precarious, and it w(s doubtful whether he could survive the • njury. The ball was extracted soon after he reaohed Augusta. GENERAL GRANT WINCES. He Will Qenafii As lnMtlgatl b (’*>- ■ Washington, April 21. —A World spe cial says tbe President is not disposed to be SS indifferent to charges against him as some of hie supporters. He was thoroughly aroused and eitited fp-da.v, and in general terms denounced the statement made by ex-Attorney-General Williams as untrue. He says he has do recollection of Williams calling on him to disburse the money for Davenport’s use, as4 that if he did it was represent ed to him ki he a .different matter, and that he has been deceived. Jhe Presi dent has farther resolveq on a fall in vestigation of the charges, ana has de aided to take the advice of his Cabinet in tue premises. For that purpose he has sent a personal request to each member to meet to-morrow, at eleven o’clock, for a special consultation on the subject. It is claimed that Commis sioner Davenport, instead pf haying copies of the registration matje as pro vided by law, did it after a method of bis own, greatly to ti/ie satisfaction of the President, and •Whig a large amount of money, bat leading to the question able expenditure pf thirty thousand ABfcktiF k? O*4iNK. An Omino a* Statement from lb# ligiyft Un known.” Indianapolis, April 21.—The Evening Newt calls upon Mr. Blaine to ask an immediate investigation of the charge that he obtained $64,000 from the Union Pacific Railroad Company, and an nounces, upon authority, that if he fails to do so, J. C. S. Harrison, of this oity, will go before the Judiciary Committee of the House as a Government Director of the road and demand an immediate investigation of the matter- Mr. Blaine is preparing a statement abont big Ar kansas bonds. He says (t will explain, matters satisfactorily. Why is fi like Enoch Ardent Because it “sees no sale fyom day to dsy/’ “What,s going on f” said a well known bore to Douglas Jerrold, “I am,” was the reply, and on he went. BRISTOW WATCHING GRANT THB HTRANGKtiT STORY OF ALL THB STORIES YET RECITED. It Is Affirmed That la October Last Bristow Set Detectives to Watch Graat and Bab eaek Together la St. Louis—ls It Trae f St. Louis, April 11. —The strictures of the Sun on the inefficiency of the Special Congressional Committee ap pointed to investigate the suspicions circumstances attending the Babcock whisky trial are in every way jast and deserved. Tbe oommittee have failed to get at the bottom facts, notwithstand ing tbe way was plainly marked out. Gen. Henderson would not have hesi tated to make trnthfnt answer to qnes lioos which wonld have shown to the publio how infamously some of the an chorities at Washington oollnded to oheat j nstioe of its rightful prey. It is reported that Secretary Bristow has de clared that Gen. Henderson had no right to qnote him as authority for the state ment that Attorney-General Pierrepont placed in the possession of Babcock’s lawyers the evidence whioh the Gov ernment lawyer depended on to secure ■is conviction. We do not believe this report here, nor shall we until Secretary Bristow denies hi( accredited action be fore tbe committee in person or over his own signature. It is stated by a party who ought to Know, and does know nearly all that has ranspired daring Babcock’s trial, that Secretary Bristow suspected the Presi dent of an intention of shielding Bab cock at all hazards. It is also stated that up to a certain date in October, Attorney-General Pierrepont was very active and honestly committed to tbe Pecksniffian declaration of the President that no guilty man should escape. Last November the President visited St. Louis, ostensibly to look after his farm, which had grown to be an ele phant. He was attended by Babcock. McDonald and Joyce were then awaiting their trial on a half dozen indictments. Bristow thought, and did not hesitate “confidentially” to inform Gen. Hender -on and Gol. Dyer that this visit was a mere excuse to bring Babcock and Mc- Donald and Joyce together witnout ex citing suspicion, in order that they might be induced to proteot Babcock from the fate whioh they could surely involve him in, throngh documentary evidence which they held. Bristow wrote the Government prosecutors freely as to his suspicions, and so did Bluford Wilson ; and it is well known here by a few that spies were actually placed on the track of the President and his sec retary, to watch their actions and note their associations. The subpoena duces tecum issued and direoted to Dyer by Mr. Knott’s oom mittee was intended, we have no doubt, to cover all the correspondence and paper; but Mr. Dyer did not ohoose to consider that it embraced the confiden tial correspondence which passed be tween him and Bristow and Wilson, and which he was commanded to “burn when read.” Two weeks ago that cor respondence had not been burned, and if bronght to light, it would snow that Bristow and Wilson both know that Babcock was guilty of complicity in the frauds, even at that early day, and sus peoted that Grant would go to all lengths to protect him. One of the letters which Wilson wrote to Hender son assigning a detective to watch Mc- Donald and Joyce, and which was drop ped by Henderson, shews that Wilson was on the scent then, and knew very well that the trail led to the White House. That letter can be had. Now, why did not Mr. Knott insist upon hav ing this confidential correspondence ? He knew of it, and h* should at least have endeavored to find out where it was, or when and wby destroyed. The St. Louis Times’ on which the special committee was raised, have been borne ont thoroughly; bnt the in vestigation has led to the faot that away back in October, Bristow was certain of Babcock’s guilt, and suspect ed Grant. The spectacle of a Cabinet officer ar ranging a system of espionage for tbe entrapping of the President is without precedent, and ought to involve one or the other of the two parties in indelible disgrace—either the Secretary who set spies without reason, or the President on whom spies were necessary. Let the Sun ask whether Bristow and Wilson communicated confidentially with Hen derson and Dyer. If so, what was the nature of those communications. Or, better still, let it demand the exact text of this correspondence; next, whether the President was shadowed by detec tives by command of his Secretary or his subordinates; and thirdly, what reason Bristow had or has to deny liis reported allegations of Pierrepont’s in fidelity. THE IRISH RIOT. The Home Rule Party Attacked by the Na tionalists— More Than One Hundred Per son* Wonndted—Riot in the Streets of Lime rick. London. April 17.—A desperate fight took place in the streets of Limeriok to day. Messrs. Butt and O’Shaughnessy, members of Parliament for the city, had announced their intention of addressing the people from the base of O’Connell’s monument. A procession numbering some thousands consequently marched to the place. A body of Nationalists, armed with sticks, who had previously taken possession of the monument, at tacked the procession. The Nationalists were overpowered after a fight in which many persons were badly injured. The police and military were under arms, but abstained-from interference. The Standard’s correspondent at Lime rick says the Home Rule procession mustered 4,01)0, and consisted of Trade Guilds, with bauds and banners. — Messrs. Butt, O’Shaughnessy apd O’Sul livan occupied a carriage ip the line. The Nationalists were only a few hun dred in number, but were well armed with stones, bludgeons and knives, and had evidently drilled for the fight. The Nationalists, iu the first onset, suc ceeded in smashing the musical instru ments and destroying the banners of the Home Rulers, but they were at last driven into a publio house, whioh was completely wrecked. The cause of the riot was discontent of the Nationalists, who form a remnant of the Fenian par ty, at what they declare to be the utter neglect of the Home Jtu}e question by the so-called Hopie Rule lpader# during the presept session vf Parliament. The intended demonstration in favor of Dr. Butt was a failure. Crowds whiph were expected from the oountry did not come in. The speeches could not be heard, as the Nationalists renewed the disturb ances. More fighting was feared during the night, and there was considerable alarm, as the Nationalists are known to have revolvers. The police consequently patrolled the and some arrests were made. It is thought that oyer one hundred persops w er @ woopfiefi in the riot, pf whom fP rt F spriopsly and six it is feared fatplly injured. At the meeting Mr. Butt spoke hopefully of the prospects of the canse. He pointed to the efforts of the party during the session to obtain refortns in connection with the Parliamentary and municipal franchises. He declared if Ireland had a native Parliament to foster Irish in dustry, Galway apd Limeriok would each haye paoket stations. OCR INDIAN TROUBLES. An Outbreak Among tbe Apache*. Waßhiutoh, April 21. —THe secretary of War has transmitted to the House in formation that the Apaches at Fort Bowie, Arizona, have broken away from the reservation' there and are going to ward Tnlorqsa, having killed several per sons and stolen cattle: also, thfit Apaches are leaving panada, Almosa, and stealing cattle, becmjsp tjjere is no food for In dians at the agahoies, am} they must have or starve. No game in the country, aud the military are prohibited from is suing provisions to the Indians. Gen. Pope, who furnished the above informa tion, says the cavalry in that region are in the field, but have only power to force the Intjiaps to starve peacefully oi be killed forcibly. ' A dispatch from Schofield reports the killing of two men by'Chiratjahna In dians, and their pursuit by the troops. Gov. Clifford, of Arizona, believes the whole tribe have broken out. The Com mittee on Indian Affairs wants $30,000 for the Cbiraeahua Indians. Fobt TjawaZte, April 21- —Mr. Milli gan, of Scranton, Pa., reports that on the 16th, in Bed' Canbn, near Cheyenne River Ranche, his party was attacked by Indians. Mr. an 4 Mrs. were killed. 4. colored woman was captured, a man was killed spd three wounded. Three wagons with poypia were shot to pieces. There are other aigng of a fight at the eqtyance to Hafifalo Gap, and the whole pftrty was destroyed. Abon Ben Briatow (may hia tribfi mcre*e .) Awoke one night from a deep dream of petite, And saw within the moonlight of hia room, Making it rich and liae a lily in bloom, Liberty writing in a book of gold. An honest conscience made Ben Bristow bold. And to the Presence in the room he said: “Wfcat writeat thou?" The Goddess raised her head. And, with a smile that gpq*e bnt good intent. Answered: “The names of candidates for President.” ■ “And is mine one ?” said Briatow. “Nay, not ao,” Replied th# Goddess. Briatow spoke more low. ~ 3 Bnt cheerily still, and said; “By Jin*. Write toe aa fe&e who hafts the whisky ring." The Goddess wrbte and vanished. The nett, She caatsagain in a great flood Of light. And' shtiwed the name# th* people loved the And Bristow’s name led aH the rest- THE VOICE OF THE PEOPLE. MORGAN COUNTY. Gentle Sprint—Farm In* Operation*—Kin* Cotton—lmproveisaot*—Encouraging Out. look—Judge Koeoo tor Governor. [From an Occasional Correspondent .] Rutledge, Ga., April 19. —Thinking that an occasional from your snb scribers in different parte of the State would not be considered out f place by yourselves, if touching in brief matters of interest to your numerous readers, I essay the writing of this, whioh may be followed by others if opportunity offers. Although gentle “Spring sprang,” but has not yet fairly “sprung,” our farmer friends are making good headway, pre paratory to putting in their crops—in fact, most of the corn is already in Judging from the increased amount of guano sold here, the very low prioe ob tained for the staple last season only aoted as a stimulus in increasing the area of King Cotton’s domains herea oouts ; but notwithstanding this deplo rable cotton mania, onr country is im proving. 1 can, looking ont from our little village, see several hundred acres of fertile lands that were but very recently covered with pine orchards, now nicely prepared for seeding. Our fenoings are generally improved, our lands better drained and “hillside ditched,” our farmers using better stock, more im proved implements, good seeds, hands are working better, and altogether farm ing is upon a much higher standard than a few years back, and though the past few months have been the darkest we have known since the war, financially, yet the outlook to-day is really encour aging, and though the farmer receives bat a small price for his cotton this Fall the past has made him a more economi cal man, and the present soarcity of “ credit middle men ” has driven him nearer to a cash basis, consequently the winding up of this year’s operations will leave the general farmer throngh this section with more money and less debt than for several years past. Our folks are very little exercised politically, yet when we see the name of so pure a no bleman as our own Augustus Reese sug gested as a suitable candidate for Gov ernor we feel a great big throb of joy within that we are oitizens of old Mor gan, and we are confident, not speaking disparagingly of any of the host of true men whose names have been suggested from time to time, that Judge Reese would fill the chair gubernatorial with great credit and honor to himself and entire satisfaction to the whole State. Occasional. THE CENTURY BUSINESS. Some days since we stated that the at tention of many of our citizens hhd been attracted by a discussion in regard to the question whether the year 1800 be longed to the 18th or the 19th oentury. We published at the same time, it will be reoollected a decision from the New York Journal of Commerce, declaring most emphatically that the year in ques tion most undoubtedly was the last year of the 18th century. Several of our oiti zens, however, did not regard this as conclusive and an argument having arisen between two gentlemen in refer ence to the matter it was mutually agreed to leave the decision of the ques tion to the Chancellors of Yale and Harvard Colleges and the Chancellor of the University of Georgia. The follow ing reply from Dr. Tucker, Chancellor of the University, has been received : Athens. April 15th, 1876. Messrs. Wm. F. Herring and T. B. Phinizy, Augusta, Oa : Gentlemen —1 have had the pleasure to reoeive your note of yesterday, ask ing me to decide a certain matter in dis pute. I thank you for the oompliment to my judgment, but must protest against being considered an arbiter; still I will cheerfully express my opinion, which the parties can take for what they think it is worth. The fact out of whioh the question arises is,that a certain person was born in the year 1800. The question is, in what centnry was he born ? Observe, in the first place, that the qu- stion is merely a verbal one; that is, i has ref erence solely to the use of words As to the faot that such a person was born so many years or days after Christ was born, there is no dispute. The only point in issue is, how shall the fact be described ? Hence, it is simply a ques tion of language. Now, instead of de scribing it in one word, let us desoribe it in several sentences. Let X repre sent any period of time, whether a day, or a year, or a century, or an seon. A certain man is living through these periods. He does not enter on the sec ond X until the first Xis completed. Nothing can be plainer. So, too, he does not enter on the 19th X until the 18 preceding X’s have been completed Now, let x l . X n > X llr > an d X IV be of equal value, aud let each of them rep resent a period of 365 days. Then x n is not entered on until x 1 ' 9 completed. That is, the 365th day of x 1 must have passed. Of course, x ln is not entered on until x n is completed, and x ' 8 not entered on until x 1 is completed. That is, the fourth x > 8 not reached— not touched until 3 times 365 days have passed. Of course the 19th x i® n °t reached until 18 times 365 days have passed. The 18 x’ B must be completed before the 19th is reached. In other words, the end of the year 1800 must be reached before the beginning of the 19th can be reached. The 19th begins when 1800 years have fully passed, and not before. To illustrate. Suppose that when 001. What-ever-his-name-was in Atlanta was in the act of eating his 18th partridge his stomach had failed. Would any body say that it failed on the 19th? Now let the centuries be oalled part ridges. While old Father Time is swal lowing the 18th something happens. Would anybody say that it happened while Father T. was on his 19th ? Re member, that ho must swallow the last day, hour and minute of 865, multiplied by 1800, before he is through with the 18th century. At any time in the year of our Lord 1800 the 18 times 305 had not elapsed—that is, the 18th century was not complete. So, a man born at any time during that year was born in the 18th century. It could not be the 19th, unless the full period of 1800 years had elapsed. But why should there be any difficulty on this point ? How came anybody to raise the issue ? It is because it is easier to count the century from 1700 to 1800 and from 1800 to 19Q0, &c., in round numbers, than it is to count from 1701 to 1801 and from 180 J to 1£K)1, Ac. In this easy, bnt inexact way of count ing, and as language is popularly used, Mr. Milligan was born in the 19th cen tury; but in the strict and proper use of the words, nothing oan occur in the 19th period (whether it be the 19th day. 19th year, or 19th century), until 18 full periods have been completed 1 Mr. M. was born January 20, 1800. At that point of old Father Time’s banquet he had swallowed 305x1700x20 days, and had 345 days more to swallow before he reached his 10th century. I am, gentlemen, very respeotfully, yours, B H. Tucker. THE WIDOW OF EX-PRESIDENT T VI.ER. [ Washington Letter to the Syracuse Courier.] The widow of John Tyler, tenth Presi dent of the United States, was among the ladies who looked down upon the House of Reprensatives from the gallery during yesterday's session. She was in oompany with the wile of Goode, of the NOIIO k (Va.) district, whose constituent ako now i->, Mre. Tjici, whu i3 bill] Bp parently on the sunny side of sixty, has by no means lost those traces of beauty which thirty years ago made her the belle of Washington. She is trying to dispose of her Ojardiner’s Island property, hav ing purchased a beautiful place near Norfolk. Tji e lady enjoys the distinc tion of being the only Woman who eyer married a President of the United States, Mr. Tyler being tbp occupant of the White House at the tipje of their mar riage. Those whose memories of public events go back to 1843 will recall the mixture of love and tragedy which is associated with the widower President’s wooing of the rich and beantifnl Miss Gardner. One day, while he was court ing the lady, he was invited, together with his Cabinet and others, to take a sail doTtb? Potomac a little way and witness the testing of anew cannon. Previous to the test the party had a so cial glass of wine in the cabin below. Miss Gardner was along, and by her bewitching conversation so enchanted her Presidential suitor that he lingered in the cabin after the rest of the party had gone above. Word was brought him that the gpn was about to be fired, and it vas gently suggested that he Bhonld come on deck. But still hp lin gered, fascinated. They got tired wait ing for his excellency, and touched off thO gun. ft was a fafal experiment. The cannon bnrst and spread' death among the inyited guests who had ppme to witness its triumph. The members of thp presidents Cabinet and Mr. Gardi ner. father of thp beautiful l&dl In the oabin below, were killed by the ejplc* sion. The President and Miss Gardiner, by their failure to go on deck, escaped all injury. Of course the tragedy horrified the nation. One day, a few months later, John Tyler packed his valise at the White House and ran over to New York, and made Miss Gardiner his bride. The engagement had been kept a secret, and the marriage came upon the New York* 'era as a surprise. A hundred guns were fired in "honor of the event, and it was the social sensation of the day. The bride was Ukbn to the White House, and dispensed its hospitalities ip a queenly manner, became a widow fn 1862, and is, as f have intimated, a very well-preserved one to-day. SUPREME COURT DECISIONS IMPORTANT DECISIONS RENDER ED. t [Atlanta Constitution .l Neal Felton vs. The State. Assault with intent to rape, from Bartow. Jackson, J. 1. If there be sufficient evidence to sustain the verdict, this Court will not control the discretion of the Court be low in refusing to grant anew trial, on thp ground that the verdict is against the weight of the evidence. 2. In a case where the testimony clearly shows that the defendant is guilty of more than a bare assault, it is not such error to re fuse to charge that the jury may find him guilty only of the assault as to re quire the grant of anew trial. 3. Newly discovered evidence, which tends only to impeach a witness, will not authorize the grant of anew trial on the grouud of such newly discovered testimony, espec ially if (he effort to impeach be the say ings of the witnesses sought to be im peached, spoken subsequently to the trial. Judgment affirmed. Hardin & Blakeman vs. A. £. Hanna. Suit on account and equitable plea, from Dade. Jackson, J. 1. This Court wili not control the discretion of the presiding Judge in granting anew trial on the ground that the verdict is decidedly against the weight of the evidence, especially when the motion is fortified by many affidavits to newly discovered evidence, although that evidence be somewhat cumulative, and though some of it tends to contra diot and impeach one of the plaintiffs’ who testifies in the oase, when the de fendant made affidavit that the plaintiff surprised him by denying the contract set up in his equitable plea, alleging that said plaintiff had often admitted its truth to him, and he was not, in conse quence of such admissions, prepared to impeach him on the trial. Judgment affirmed. Denman k Rice vs. Cherokee Iron Com pany. Case, from Polk. Bleckley, J. A contract for the production of char coal being that the producers were to deliver a definite quantity of good mer chantable ooal each day for a period of seven months, and that the consumer was to receive it at the pits, “in the basket,” and haul it to the furnace, where it was to be measured and cred ited to the producers, at six oents per bushel, on their account for cash ad vances, it was the right of the producers to draw the coal from the pits at the rate requisite to make the stipulated delivery daily; and if the cousumer failed to receive and hpul at the like rate, any depreciation in quality or diminution in quantity occurring by ex posure to weather would be at his risk. It follows, that so long as the cash ad vanced to the prod ucers was largely in excess of the value, at contract price, of all the coal drawn from the pits, the producers would have no reason to abandon or rescind the contract or to sue for a breach in not hauling the coal away—more especially if the consumer had never signified any positive deter mination not to bear the loss occasioned by destruction or depreciation from weather. Judgment affiirmed. Nappier vs. Trimmier, administrator. Assumpsit, from Oatoosa. Bleckley, J. 1. If, for a valuable consideration paid down, a party contracted to leave to another a money legacy by will, and died without performing the contract, some good legal reason should be shown by his representative why performance ceased to be obligatory—such as rescis lon, novation, release, &c. 2. Though newly discovered evidenoe be cumulative, and therefore not, of itself, cause for granting anew trial, yet it may be regarded somewhat in passing upon the whole oase, another ground of the motion being that the verdiot is coutrary to evidenoe. Judg ment reversed. Lindsay Dunn vs The State. Assault with intent to rape. Jackson, J. 1. The identity of the defendant end the intent with which he makes the as sault, when charged with an assault with intent to rape, are questions for the jury, and no complaint being made of any error in the charge of the Court, or in the admission or rejection of evidence, and anew trial having been refused by the presiding Judge, this Court will not interfere. 2. Newly discovered evidence which ought not to have changed the verdict if in at the trial, and which might have been procured with diligence, and which counsel do not swear that they did not know at the trial, will not authorize a Court to set aside a verdict and grant anew trial. Judgment affirmed. J. S. Noyes k Cos. vs, James L. Jenkins. Trover, from Polk, Jackson, J. 1. The sale of the first five bales of cotton of a crop of tho present year by a bill of sale dated the 9th February, 1874, passes on title to the vendee, the seed not being planted at that season of the year in the county. That which has no actual or potential existence is not the subject of bargain and sale. Until the crop be actually growing, or at least until the seed be planted, the crop has no existence, actual or potential, and no part of it can be sold so as to’ pass the title, and authorize a recovery in trover. Cudworth vs. Scott, 41 New Hampshire, 456. Apperson & Cos. vs. W. E. kC. L. Moore: Law and Equity Reporter, April 5, 1876, p. 320 Stevens vs. Tucker, July 7, 1875, p. 37, Judgment affirmed. Thp Augusta and Summerville Railroad Company vs. Nathan W. Peacock.— Application for administration, from Riohmond. Jackson, J. 1. Apprehension of suit by an admin istrator, when appointed, will not au thorize a person to appear as a party in the Court of Ordinary to resist the grant of letters; especially if the administrator when appointed, from the facts admit ted, will have no cause of action against suoh party. 2. Before one can be heard as a party to the proceedings before the Ordinary, he must show that he has an interest in the choice of administrator, either as heir qr creditor; some interest on the pa?t of the objector in the assets, and thejr distribution must appear.— Judgment affirmed. Frank H. Miller, for plaintiff in error. H. Olay Foster, for defendant. Miller et al. vs. Kernaghan’ef al. Gar nishment, from Richmond. Bleckley, J. 1. An assignment by a debtor for the equal benefit of all his creditors violates no law or public polioy of this State. Therefore, such an assignment lawfully made in South Carolina by a resident thereof will pass personal assets found in Georgia. Q. Suoh assets having been attached here (by garnishment) at the ssdance of Georgia creditors, after the execution of the' assignment and notice thereof given to the garnishee, a judg ment applying to their claims a pro rata share of the assets, and no more, is quite as favorable to the attaching credi tors as the law of the case will warrant. 3 Against such an assignment, the onrts of this State will not hold the assets Imre for administration till fionr. gia creditors are satisfied in fall. Judg ment affirmed. H. Clay Foster, John S. DavidsoD, for plaintiffs in error. Frank H. Miller, for defendants. Fields, Witherspoon AUo. vs. Demore & Cos. Complaint, from Richmond. Blsckley, J. When thp verdipt is not only consis tent wjtfc the eyidefloe, hut such as it requires, anew trial for slight errors of the Court should not be granted. Judgment reversed. Marcellns P. Fos ter, for plaintiff in error. H. Olay Fos ter for defendants. Emanuel Mitchell vs. The State. Forg ery, from Richmond. Jackson, J. If Mitchell forge the name of Prioe to a letter, by which money belonging to Price, in the bands of his bailee in Thonjasville is sent by express to Au gusta, aud if Mitchell, personating one Cousins, to whom he had directed the money to be sent, takes it from the ex press office and appropriates to his own use, Mitchell is guilty of forgery under section 4451 of tqe Code, and each facts sustain the allegatiqo iq the indictment that Mitchell's intent was to defrand Price, though Prioe afterwards, by suit recovered the money from the express company. The forgery, including the frandnlent intent against Price, was complete when the forged letter moved Price's money from the depositary he chose for it, and put it where Mitchell could get it, and where he actually got it apt) appropriated it; nor does it make him the less guilty of the forgery, that before he eotud pocket the money, be committed another crime in personating Cousins, nor is his criminal intent to defrand Price lessened by the fact that he also defranded the express company. Judgment affirmed. H. Clay Foster, for plaintiff in error. Davenport Jackson, Solicitor General, by Jackson A Lnmkin, for the State. Executors of Thon)as §• Metcalf vs. John 8. Davidson," Assignee. Ille gality, from' Richmond; ' ' ‘ ' Jackson, J. I, Sait against a bank and notice by publication to the stockholders, under sections 3371-2- 8 of the Code, in 1866, with judgment and execution and return of nutla bona against the bank, and exe cution thereupon in June, 1869, against a stockholder, with return of nulla bona in July, 1869, will prevent the bar of the statuo of limitations of 1859 from attaching. The suit against the stock holder began not later, at least, than the issue of the execution against him, though no levy was made upon his property until j ane , 1870. 2. The fact of notice by publication under section 3371 need not appear of record, nor need it appear of record that the President of the company furnished a certificate of the stockholders, and the number of shares owned by eaoh at the time the judgment was rendered against the cor poration, under section 3373. It is enough that these facts exist; if they do not exist, and the ft fa. is for too much or otherwise illegal, the remedy of the defendant is by affidavit of illegality. J udgment affirmed. Wm. T. Gould, Frank H. Miller. W. H. Hull, for plaintiffs in error. J. C. C. Black, H. D. D. Twiggs, for defendant. Marsh vs. the South Carolina Railroad Company. Case, from Riohmond. Bleckley J. I. Improper acts by an agent touch ing matters out of the soope of his agen oy, are not to be imputed to the princi pal. 2. There is no presumption that a railroad corporation has authorized its local agent to hinder access by the coun sel of an adverse suitor to a witness in the employment of the oompany; and, unless the delegation of such authority appears in evidence, the corporation will be unaffected by conduct of the agent tending to prevent such access. 3. What a mere spectator reported imme diately after a homicide as to the cause thereof, is not evidenoe as part of the res gestoe. 4. An employee of a railroad oompany who saw another employee killed by the cars cannot affect the com pany by his declarations made imme diately after the occurrence, to the effect that the disaster was caused by the negligence of those in charge of the train, the speaker himself not being one of the number. 5. A witness cannot be asked on the stand by the party intro ducing him whether he has not made a certain statement out of Court, unless he has surprised the party by testifying to something inconsistent with the alleged statement. Ist. Gr’lf. Ev. Sec. 444. 6. When a party, on the examina tion in ohief, is permitted to put lead ing questions to his own witness on the ground that the witness is in the em ployment and under the influence of the opposite party the Court may a’low the latter to put leading questions on cross examination—Parker v. Moqn—7 Car. kP. 408. 7. To make a railroad com pany responsible for the homicide of an employee by the negligence of co-em ployees, it is essential that the deceased should have been free from fault him self; and when the evidence for the plaintiff shows clearly that he was not, there can be no recovery, and a judg ment of nonsuit should be affirmed. Judgment affirmed. Hook & Webb for plaintiff in error. W. T. Gouid for de fendant. County of Burke vs. Wimberly. Cer tiorari, from Burke. Warner, C. J. It appears from the record and bill of exceptions in this case that one Wim berly, as Tax Collector of Burke county, had been ruled by the County Commis sion irs of that county for hiß failure to account for and pay over the tax money collected by him, and was, by order of the Commissioners, committed to jail. Wimberly petitioned the Judge of the Superior Court for a writ of certiorari, alleging error on the part of the County Commissioners in the proceedings had before them. The Judge sanctioned the writ of certiorari as prayed for, aud in addition thereto ordered “that the writ of certiorari hereby granted shall operate && e, supersedeas of the judgment com plained of until the final hearing in the Superior Court, and in the meantime that said Thomas Hamil, Jailor of Burke county, and of all others holding said Wimberly in custody under and by vir tue of said judgment, are ordered to discharge said Wimberly from custo dy.” Afterwards the Judge modified said order so as to require said Wimberly to pay over to the county authorities the amount admitted by him to be due in his answer as a condition of his dis charge. To which the counsel for the county excepted. The judgment of the commissioners was, that Wimberly should be imprisoned until he paid over to the county $5,200, that being the amount which they adjudged he was in debted to the county, whereas Wimberly insisted in his answer, that he was only indebted to the county the sum of $1,590. The legitimate object and purpose of the certiorari, was to bring up the judg ment rendered by the County Commis sioners to the Superior Court for review, in order that the alleged errors might be examined and corrected by that Court, and when the certiorari was sanc tioned by the judge, it operated as a supersedeas of the judgment until the final hearing in the Superior Court, that is to say, Everything was to remain as it then stood, until the final hearing of the oertiorari in the Superior Court. In our judgment, so much of the order of the Judge as direoted “that said Thomas Hamlin, jailer of Burke county, and all others holding said Wimberly in cus tody, under and by virtue of said judg ment, should “discharge said Wimberly from custody, was error. The Mayor and Council of the city of Macon vs. Shaw, 14th Geo. Rep. 162. Taylor vs. Gay, 20th Geo. Rep. 77. The legal presumption was, that the judgment rendered by the County Commissioners was a legal and valid judgment, until reversed for error, in the manner as pre scribed by law. The order of the judge which direoted that Wimberly should pay over to the county authorities the amount admitted by him to be due in his answer as a condition of his dis charge, was also error, but it was an error against him of whioh he does not oomplain and the county has no right to complain, of that error. Let the judgment of the Court below be reversed. J. J. Jones; A. M. Rodgers, by brief, for plaintiff in error. No appearance for defendant. Heard vs. Jones. Claim, from MoDuffie. Wabnbb, C. J. This is a olaim oase arising from the following facts: Heard iB assignee or fi. fa. in which Nolan is plaintiff. Jones is claimant, having purchased the land levied on from Griffin, defendant in fi. fa. On the 7th day of September, 1868, Nolan obtained judgment in Co lumbia Superior Court against said Griffin as principal, and F. S. Griffin and Wm. Woodhnll as securities for $1,187 27, andthis judgment was duly assigned to Heard on January 10, 1873. In the latter part of 1873 said R. G. Griffin was adjndioated a bankrupt, and the land levied on was duly deolared part of his homestead exemption. Feb ruary 17, 1874, said Heard proved his judgment debt in bankruptcy, and in said proof neither reserved nor released bis lien. Having been informed that it was improvident for him to have proven said debt. Heard subsequently, on the sth of January, 1875, sought to with draw his execution which he supposed he had annexed to his proof, bnt leave was refused. He subsequently finds he had not attached the original, bnt it had been lost. He therefore establishes an alias ft. ft. which is levied on the land claimed. The claimant, Jones purchas ed said land from said R. G. Griffin bv deed dated April 1, IBt. un the trial, plaintiff in ft fa. (or Heard as assignee) put in evidence the fi. fa. and levy, prov ed assignment of same to him, and titie in the defendant at time of judgment and until April 1, 1874, date of deed to claimant, and closed. Claimant then offered in evidence exemplification of record of probate of olaim by Heard, of exemption of land levied on to R, G. Griffin, by assignee in bankruptcy of Heard’s attempt to withdraw proof of claim and its failure, deed from register to assignee in bankruptcy, and of dis charge of said Griffin. It was admitted by counsel that Heard had reoeived no dividend from R. G. Griffin, bnt the evi dence in the record shows that the plain tiff, Heard, secured from the assets of Woodhnll, one of the defendants in the judgment, the sum of $494 10 which was awarded to said plaintiff’s claim, and paid over to him. The Court instructed the jury to return a verdict for olaimant, which was done, and oounsel for Heard excepted. The only question made and insisted on here, was whether Heard, by proving his judgment debt in the Bank rupt Court, thereby lost his judgment lien on the bankrupt's land which had been set apart to him as an exemption by the Bankrupt dourt in the adminis tration of assets of the bankrupt’s estate. The plaintiff’s judgment was a debt dne by the bankrupt. It was also a debt of record, which by the statute law of this State, created a lien on the bankrupt’s property. When Griffin was adjudicated a bankrupt, it was optional with Heard, his judgment creditor, wheiher he would go into the Bankrupt Court and prove his debt in that Court, and share in the distribution of the assets of the bankrupt’s estate, or keep out of that Court and rely on his judgment lien for the payment of his debt. Jones vs. Lillyet and Smith, 39th Geo. Rep. 64. It appears from the evidence in the re cord, that the plaintiff Heard, went into the Bankrupt Court and proved the amount of his debt as being due on a judgment, and afterwards when it was ascertained that in the administration of the bankrupt’s assets after allowing him the exemptions to which be was enti tled nndet the law, there would toe noth ing for him to get in payment of his debt so proved by him in the Bankrupt Court out of the assets of the defendant Griffin, although he did receive the sum of $405,10 out of the assets of Woodhull, the other defendant in the judgement, which was paid to bis claim, so proved by him in the Bankrupt Court; the said Woodhull having been also adjudicated a bankrupt, though the debt does not appear to have been proved otherwise than as against Griffin, he petitioned the Register to allow him to withdraw his claim from that Court in which be had proved it. The Register refused to al low him to withdraw it, aud at the re quest of the plaintiff, the Register cer tified the faots to the District Judge for his judgment thereon. The Register in his report of the facts to the District Judge, states that the plaintiff had prov ed his debt in the Bankrupt Court. The District Judge approved the decision of the Register in refusing to allow the plaintiff to withdraw his proven claim from that Court. The record from the Bankrupt Court establishes the fact, that the plaintiff did prove his debt against the bankrupt in that Court, and that it was not withdrawn therefrom prior to the bankrupt’s final discharge. lUwas, however, insisted on the argument here, that as the plaintiff bad proved his debt as a debt due on a judgment, that it would not have been entitled to share in the distribution of the assets of the bankrupt’s estate because he did not release his lien created by the judg ment of the assignee. A debt due on a judgment is not any the less a debt due by the bankrupt to the plaintiff because it is reduoed to a judgment, and as the plaintiff chooses to prove that judgment debt in the Bankrupt Court, for the purpose of ob taining his pro rata share of the bank rupt’s estate, he will be at liberty to do so, but when he does that he will be considered as having waived his lien created by that judgment on the other property of the bankrupt, for it would •be unjust to the other creditors of the bankrupt for him to receive his pro rata share of the bankrupt’s assets to be applied to that judgment debt, and then to be allowed to enforce his judg ment lieu against the property of the baukrupt in satisfaction thereof. The plaintiff bad reoeived all the money he could find in the Bankrupt Court due on his judgment debt either by Griffin or Woodhull, including the $495 10 arising from the sale of Woodhull’s property, and that was doubtless the reason why the Bankrupt Court refused to allow him to withdraw his olaim. In view of the evidenoe disolosed in the record we affirm the judgment of the Court below. Judgment affirmed. Hook k Webb, for plaintiff in error. Paul C. Hudson, for defendant. THE STATE. THE PEOPLE AND THE PAPERS Randolph county farmers have bought $40,000 worth of guano this year. Copper ore is now being shipped from Waldrop mine, in Haralson county. Married in Georgia: J. T. Lyle to Miss Sue E. Pearson, of Carroll county; W. 0. Taylor to Miss I. V. Stephens, of St. Simon’s Island. A shooting affray oocurred in Marion county last week between Matt Walker, white, and Isaac Hammell, negro, in which'the latter was killed. The Bainbridge Democrat hears of farmers in different portions of Decatur county who will have to abandon their crops if they do not get help soon. A little son of Mr. J. W. Moore, of McDuffie county, aged eleven years, shot and killed a wild turjeey gobbler on Friday, whioh weighed 20 pounds. A correspondent of the Christian In dex corrects the statement that General Gordon is a Baptist. He is a member of the Presbyterian Church. His father was a Baptist minister. The post iffice at Louisville, Ga., hss been discontinued until a successor to the late Postmaster, deceased, shall be appointed. The mail will be distributed during the suspension. General Charles H. Field, who lived a while in Columbus since the war, is now Inspector General of the army of Egypt. Letters dated Abyssinia, March 23, have been received from him. H. H. J„ of the Telegraph-Messenger learns on excellent authority that it ha a cost Governor Smith seven thousand dol lars to keep up the Executive establish ment, even with a small household. J. T. Carson, employed on the Air Line Railroad, has been arrested in At lanta on the charge of having procured a man to poison a son of Hon. J. T. Ca son and seoured S4O on a money order. Died in Georgia: James Weems, of Atlanta; Rev. P. A. Lawson, of Griffin; Henry Tripp, of Hawkinsville; Henry Hunnicutt, of Eatonton; Rev. Joseph Porter, of Dahlonega; Mrs. George W. Parrott, of Savannah. Recently suit was commenced in the United States Circuit Court, at Savan nah, by Oreana Sears, and also by Benedict, Hall & Cos., against the City of Brunswick for past due bonds and Coupons. On Saturday last, about noon, an em ployee at Myrick’s Mill, Twiggs county, by the name of William Lavarra, was shot and instantly killed by John Ed mondson, a young man about 17 or 18 years of age. Last Monday, at the burial of a little child of Mr. Yanoey, in Chattooga coun ty, Columbus Chambers, who was par tially intoxicated, raised a difficulty with Benjamin Garrett, son of the ex sheriff, and shot at him with a pistol. Rev. Robert Irvine, D. D., of Au gusta, will attend the State Sunday School Convention at Decatur in May and deliver an address to the Conven tion. The people of that section are anxious to hear this distinguished divine. Personal observation has satisfied the editor of the Sandersville Herald that the peach crop will be very short in bis section the present year. Apples, pears, etc., had not commenced bloom ing previous to the late severe cold, and are not injured. Eatonton Messenger: Miss Annie Kinohley, the beautiful and attractive young lady who has had oharge of the telegraph office ever since it opened, left last Wednesday for her home in Au gusta, much to the discomfiture of many of our young men. The daughter of Rev. Jordan Flan ders, of Emanuel county, on Saturday last went into the field where her broth er-in-law was felling timber. Uuoon scious of her danger, she ran under the falling tree and was so terribly bruised and mutilated that no Hopes of her re covery is entertained. Chief Justice Waite delivered the opinion of the Supreme Court in the cotton case of G. B. Lamar. It justi fies the seizure of the cotton, declares that no action could lie against Kimball, the Treasury agent who made the seiz ure, and affirms the judgment of the Court of Claims. Justice Field dis- seated, holding that the majority of the Court had gone too far in protecting the Treasury agents, eto. A fire broke out in Belton, about five o’olock, Monday evening, in the Belton Hotel, and laid it in ashes. The fire spiead on both sides from the hotel and consumed a.number of business houses, among them W. Y. Bolston’s store, A. G. Stripling’s store, the Odd Fellows’ Hall, F. Woodward's dwelling, W. P. Carter’s saloon, J. B. Davis’ store and A.. T J Pool's loon. Tto daaaaffo in heavy, and will be a very severe check to this rising place. Perry Home Journal: Mr. G. W. Kil len, of Perry, is the model farmer. He has sixty acres of open land within a mile of the Court House—fifteen in wheat, fifteen in oats, .fifteen in corn aud fifteen ready to plant cotton. This land he is cultivating with two Houston couoty raised horses—brothers—both sired by Mr. John G. White’s famous Billy Root. With reasonable good sea sons he will make 100 bushels wheat, 200 bushels oats, 150 bushels corn and six bales of cotton, besides peas, fodder, hay, etc. Then he expects to plant a late corn crop on twenty aores of his grain land, whioh will make one hundred and fifty bushels more of corn. Narbow Gauge Railboads. —Narrow gauge railroads have been tested suffi ciently to show their superior value, un der some circumstance, over any other known method of transportation. One road over 200 miles long is running in the Rocky Mountains with perfect reg ularity. . The success of the narrow gauge is also signally illustrated in the working of the College Hill Railroad, near Cincinnati, which proves to be in every way as serviceable and prompt as the broader gauge. It scales in the course of its three miles of length the highest hill in the vicinity of the city, the grade of one section being two hun dred and eighty feet to the mile. The engine and oars are smaller than those we are aconstomed to see, but the engine mounts the hill with a firm sweep. The cars are luxurious and handsomely fin ished. The three miles (stops included) are made in from twelve to fourteen minutes, daring which time an elevation of nearly five hundred feet is attained. This road was begun late last Summer, bnt already the ride over it is compara tively smooth. It is asserted on good authority that a narrow guage, when fnlly ballasted, is the smoothest railroad in the world. This is the testimony of all who have traveled on the line in Col orado. A man may be said to have Been drink ing like a fish wbqn he finds that he has taken enough to make his head swim.