Georgia Historic Newspapers

    qgrctmicu 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.