Georgia Historic Newspapers

    &nronicte anft jgrntmel.
w EDN ESDAY MAY 24, 1876.
Ski?* bq lodepcntipDt and yon catch a
Scallawag.
William Allen “rose up” in Ohio the
other day. < <
Clapp has only stolen three and a half
millions in seven years.
That was a very pretty Kilkenny cot
fight in Cincinnati Wednesday. Both
parties to it were slaughtered.
An Independent is the meanest kind
ol a Radical, because a secret foe is
worse than an open enemy. •
What has become of the State Exe
cutive Committee, and when will it issue
certificates to the delegates to Bt. Louis?
John H. James says this is only a pre
liminary contest. Next year he will take
the field in earnest and fight for the
term commencing 1881.
Yes, Griffin News, the “Columbus
Freshet has been confirmed,” and Her
schel V. Johnson is the coming man
for Governor. He has only to say that
he will accept a nomination and the
people everywhere will rally to his stan
dard as the Huguenots did at Ivry to
the white plume of Navabbe.
We hope all the Democratic newspapers
in this District will publish the call for
the meeting of the Executive Committee
in Augusta, on the first of June. If we
wish to defeat Radicals, Independents
and Democratic Ringsters we must have
thorough organization an 1 perfect dis
cipline. This a matter of great impor
tance and cannot receive too much atten
tion.
The ineffable trash which Mr. Sid
sby Lanieb is pleased to call a “Centen
nial Cantata,” is being rasped as it de
serves. If the work of a Southern poet
was desired why did not the committee
call upon Hayne, or Randall, or Mar
oabet J. Pbehion? Mr. Lan ers “can
tata” sounds like Walt Whitman with
the jim jams, and is a most nauseating
mess of bosh and slops. Pah !
The old New York Evening Express ,
ho long published by Jas. and Erastcs
Brooks, a Democratic journal, comes
out in opposition to G vernor Tilden as
the Democratic nominee for the Presi
dency. It charges Governor Tilden
with having “Presidency on the brain”
and with “plotting to have the St. L mis
delegation from New York pledged to
his nomination.”
They keep pretty well posted concern
ifl,g foreign affairs in Italy. A Genoa
pape'r of recent date says that “Miss
Anna Dickinson, who a year ago caused
the condemnation of an English Colonel
for improper gallantries ina railway car,
wishing to profit by the notoriety thus
gained, went to America to lecture, and,
afterward embracing tb6 dramatic career,
is about to make her debut in America.
Ex-Surgeon General Hammond, who
has been attending Mr. Kerb during Ins
illness, says that the health of the
Speaker is by no means in an alarming,
condition. Bv his advice Mr. Kerb has
gone to the mountains of North Caro
lina, where he will remain during the
Summer. Dr. Hammond states, how
ever, that Mr. Kerr cannot reside with
safety in Indiana, as the climate is too
malarious. His disease is chronic bron
chitis.
The telegraph informs ns that ex-
Gov. Rufus B. Bullock has been ar
rested on a requisition made by the Gov
ernor of Georgia, and is now under ar
reat in Atlanta. Bullock is under in
dictment for most of the offenses known
to the criminal law. We sincerely hope
that ho will not be allowed to escape
unpunished. But may be Bullock has
also a tin box full of papers, and that
he, too, will find Slaves of the Box to
help him in his hour of need.
A correspondent assures the Chroni
cle and Sentinel that the Pine Hou-o
section of South Carolina is in favor of
a straight ticket and a square fight with
Radicalism and all its attendant infa
mies. We hops that the people of Pine
Honse will find themselves in full ac
cord with the people of South Carolina.
Nothing can be made by following the
lead of such Swiss as Chamberlain &
Cos., but the State can be saved by the
ndoption of the bold and manly course
that finds favor with such true and tried j
men as the Butlers and the Garys.
The editor of the Athens Watchman ,
says: “We are still for Bayard, and ex
pect to remain so unless the Convention
shall nominate some other man. In case
Tilden should be nominated we shall
feel bound to support him, but we hope
and believe he will not be nominated.
He is certainly weaker in the South
than any man named for the place. J Q
addition to being a New York politician, j
our' people believe that he and his |
frieukls defeated old Bill Allen for \
Governor of Ohio, for the express pur J
pose of patting Tilden forward for the j
Presidency. ”
The Griffin News says : “Gen. Col- j
quitt, Col. Hardeman and Mr. James j
are stumping South Oeorgia. How men j
and politics have degenerated. Ob, :
shades of Cobb, and McDonald, and |
Troup, come forth from the graves ha
bilimeuts and look upon us to-day, and
pity our prostitution.” Are not our
brethren of the News unnecessarily se
vere upon these three gentlemen ? Didu t ■
Stephen Arnold Douglas and Abra- ■
ham Lincoln stump the State of IHi- j
uois before the election of the Legisla-,
tniV when they were running against
each other for a seat in the United States
Senate ?
The Centennial Yss says he will prove
that he is a “biger man than old Grant"
by dying game. He charges that several
Democratic Congressmen came to him
and promised to pat him in possession
of his famous letter if he would make
several appointments for them. He de
clined doing so and the letter was given
to the world. He is charged with say
ing that the Democrats dare“S.ot remove
him, as he has damaging information
that will lay out several Congressmen.
We hope the issue will be made and
that Balaam will speak. Next to the
fun of showing up a Radical thie{ is
pleasure of exposing a Democrat
scamp. It requires, however, a power
ful stretch of the imagination to suppose
■that Democrat or Republican was fool
ish enough to place himself in the pow
er of snch a long eared animal. It was
more than midsummer madness and
rivals the confidence Titasia reposed
in Bottom.
We are afraid that Atlanta is retro
grading—that Sod out junior is not as
progressive as of yore. We find a start
ling statement in the CouiTnotiwe-alth.
A rumor has beeu “encountered” that
many of the stockholders of the Cotton
Factory are opposed to Kimball, and
will make an effort to turn him out of j
the Presidency. The Commonwealth
says it “is thought necessary that this j
policy should be pursued in order to |
make the enterprise a success. Many j
of oar citizens, who became subscribers
to the capital stock, have declined to
pay or co-operate in any manner for the
advancement of the enterprise, because
tin willing to place their capital in con
trol of a man whose career in Georgia
had placed his pharaefcer under a cloud
which, in their opinioD, had never been
removed.” These subscribers say they
did not know when they subscribed that
gnrntr.T. was to be President of the
Company. The Commonwealth en
dorses the movement as “eminently
proper and just.” We had thought that
the Atlanta Factory was a success, but
it seems that Mr. Kimball has been un
lucky of late, and is losing ground in
the town which has honored him so
THE NEPHEW OF HIS UNCI-E.
Several months ago it was said that
Senator Gordon was foolish enough to
think that he owned the State of Geor
gia and could transfer his property to
Senator Thurman, who then seemed a
promising candidate for the Presidency.
We expressed the opinion then that two
obstacles were in the way of this nego
tiation. The first was that General
Gordon didn’t own the property, and
the second was that Mr. Thurman had
no chance, whatever, of securing the
eoveted nomination. Recent events
have proven the correctness of onr con
clusions. General Gordon was not
chosen a member of the National Execu
tive Committee and he received but one
vote as a delegate from the State-at
large to the St. Louis Convention.—
We said .that Mr. Thurman stood ao
chance of a nomination because he could
not carry his own State; that in Ohio
he was looked upon as a traitor, and that
but a small proportion of the three hun
dred thousand Democrats who voted for
William Allen would support a man
whom they considered a coward and a
renegade. The dispatches from Cincin
nati show that he has sustained an over-
whelming defeat. The issue in Ohio
was plainly made and vigorously con
tested. The Allen men felt indignant
at what they deemed Thurman’s treach
ery in the last campaign and determined
to defeat him. The Thurman men were
confident that the defeat of Soft Money
was also the defeat of Allen, and that
the nncle would no longer be in the
way of the Presidential aspirations of
the nephew. Delegates were elected
to the State Convention on these
issues and when they met the conflict
commenced. The action of the Conven
tion was published yesterday morning.
Mr. Thurman, it is true, obtained the
Committee, but Governor Allen ob
tained the Convention. Ohio has de
clared unequivocally and unmistakably
for Soft Money and against Hard Money,
for the Uncle and against the Nephew.
Ohio has repudiated Thurman and en
dorsed Allen. The result will be that
Ohio will really have no candidate before
the St. Louis Convention. Governor
Allen does not expect a nomination; he
j only wished to defeat a kinsman who
: bad played him false. After the first
ballot Ohio will be out of the race. The
Thurman men will not vote for Allen
nor the Allen men for Thurman.—
Neither one can carry the State. It is,
perhaps, fortunate that this is the ease.
The Democratic vote of the State can
now be concentrated on some good man,
Ohio will fall into line next November.
Of course such a man as Tilden can
not be elected there. The Democrats of
Ohio know that his friends and papers
waged active, bitter and unrelenting war
fare upon Governor Allen last year and
they will neither forget nor forgive. If
the St. Louis Convention should be
foolish enough to nominate Tilden, the
party might as well abandon all hope of
carrying Ohio or Indiana. Almost any
other Democrat could carry both these
States. With Bayard, Hancock or
Hendricks victory is assured. If the
quarrel in Ohio shall end in giving that
State to the Demeoraoy, we shall bless
the day on which the Nephew fell by
the hand of his Uncle.
THE ARREST OF BULLOCK.
''The arrest of Rufus B. Bullock, the
robber Governor of Georgia, has taken
the State by surprise. It has been near
ly five years since Bullock fled the
State to esoapo the punishment due to
his numerous and flagrant crimes. Dur
ing this long period it has been well
known that he was liviDg quietly in the
State of New York, yet’ with the excep
tion of the one abortive attempt of 1872,
no effort has been made, so far as the
public is informed, to bring the oriminal
to justice. Why this has been the case
we do not pret-e*a |t.Q say. The fact
| speaks for itself.
It is well known, and the people of
Georgia especially have bitter remem
brance of the fact, that Bullock was
elected Governor of the State by fraud
and violence in 1868. No sensible man
has ever doubted that General Gordon
was legally elected, but the machinery
was on the Radical side in the campaign,
and they not hesitate to count the
defeated candidate into office. From
the time he was inaugurated in 1868 to
the time of his resignation *pd flight in
1871, Bullock’# career was outs of tjje
most shameful even to the record of re
construction governments. The man
himself had plausible manners, a good
address and mediocre ability, but was
wholly destitute of talent, of experience
in public life, of a knowledge of the du
ties of bis high position, of adequate
conception of its grave responsibilities
and was wholly laoking in fljoral percep
tion. He seemed not to have the faintest
idea of political or personal hon
esty, aud evidently believed that
want of opportunity to steal was the
only.excuse for official integrity. A jpau
with such a mental and moral organiza
tion would have been dangerous even if
honest, intelligent and patriotic men had ;
.constituted his councils. But Bullock,
unfortunately, was not only bad him
self but was surrounded with the worst
influences. Blodgett efld Kimball were
his friends and advisers, and there is
reason to believe that he was
under their domination. As Governor,
Bullock’s career was one f.ontinnous
scene of corruption and misruie//Both
hands were in the public Treasury, and
he stole without stint or ahawe or se
crecy. Every honest Republican was
driven out of office, and the strong arm
of military power supported him in his
spoliations. He subsidized SOOe of our
public men who believed in the omnipo
tence of evil either with office or with
money, aud corrupted such newspapers
as could be made to yield to the influ
ence of bribery. For a time it seemed
as if the rule of the robber could
not be gotten rid of. Bat the peo
pie did not despair. They hoped, and
waited, and worked, and at the first
election permitted by Congress the
rogues’ party was overwhelmingly de
feated. The State was redeemed, and
the white men who had gone oyer to the
Radicals for office made baste to come
back to the Democracy for office. Bul
lock knew that as soon as the Legisla
ture assembled he would be impeached,
and he atao J:new that he richly deserved
impeachment aud penitentiary. To
avoid trial and punisnmetU fled the
State a few days before the time lot the
assembling of the Legislature, and has
not been seen in Georgia until the other
day, when tho Agent of tbe State
brought him to Atlanta.
When the Legislature did assemble
the bird bad Sown and was beyond the
jurisdiction of Georgia. Committees,
however, were appointed to investigate
his administration, and, after months of
patient labor and searching inquiry, the
facts discovered were published to the
world. is nothing in the annals
of thieves and thieving that 0411 surpass
the infamise reveatei by this report. It
was elearlv established shat Bollock
and his confederates had systematically
robbed th*Btote from the day of his
inaugural to the time of his flight.
Every conceivable system of swindling
had been adopted and successfully prac
ticed. Upon the evidence furnished by
these committees the grand jury pf Ful
ton eounty found indictments sgainat
Bullock for cheating and swindling and
larceny after a trust delegated. A bench
warrant was issued on the indictments.
bat it was not executed until a few days
ago.
Bullock was brought to Atlanta last
Thursday. As soon as he arrived he
was taken before a Court aud his bond
was fixed at thirteen thousand dollars.
This bond he gave without any difficulty.
The telegraph informs ns that wealthy
and respectable citizens of i“both par
tis” rushed to his rescue; and the
robber Governor is at liberty, while the
ignorant negro who stole a sheep or
robbed a hen roost is at work on the
chain gang. Now that Bullock has been
—; n.av he asked what will be
done with him ? We answer as we did con
cerning his confederate in crime, Foster
Blodgett, nothing, absolutely nothing.
He will not be tried, convicted or pun
ished. Bullock like Blodgett has a
box of papers and a breast foil of secrets
damaging to Democrats, and the slaves
of the Box will see to it that the papers
are not opened or the secrets revealed.
There are too many men who were beg
gars for offioe at his hands when he was
in power and who offered to support
him and his administration if their re
quests were granted. There are too
many Democrats who were willing part
ners in his corruption and wore the col
lar of the ring. These will see to it
that the fugitive goes free. The case
will be continued from term to term,
witnesses will disappear, records will be
destroyed the changes will bejrnng upon
the inexpediency and impolicy of bring
ing a criminal to justice on the eve of a
State and a National election, and the
fugitive will either not be tried at all or
else the mockery of a trial will be suc
ceeded by a verdict of “not guilty,” and
the Democracy of Georgia will be put
in the shameful attitude of having per
secuted and driven from the State, for
political purposes, an innocent man !
TILDEN’S STRIKERS IN THE SOUTH.
The Memphis Avalanche says: Til
den’s strikers have money to spend in
the South. They are tampering with
the professional politicians to secure
delegates in his interest, and the editor
of every newspaper whose support can
be purchased knows that he can obtain
money to “whoop up” for Tilden. The
Southern masses are not in sympathy
with anj Eastern candidate. They de
sire Tilden least of all; yet their pref
erences are to be ignored, and if money
and the machine can accomplish it they
are to be represented as enthusiastic
supporters of Tildes— a man whose
financial policy, if enforced, would
plunge the Southwest into bankruptcy.
As the Nashviile American recently
said, thousands of Democrats in Ten
nessee, Kentucky and every Northern
State wiil not support Tilden, and it is
by no means certain that he oan carry
either Tennessee or Kentucky against
Bristow. _
A CHEERFUL FEELING DEVELOPED.
The New York Bulletin, of Monday,
says: “Under the influences of the
Centennial and a foretaste of Summer
weather, a cheerful feeling has been de
veloped in business oiroles since this
day week; and though this has not been
attended by any signal increase in the
volume of transactions, it is a gain to
get rid of whatever savprs of depres
sion, even in appearance. There is no
lack of country buyers in town, chiefly
from the West and Southwest. The
South and New England are but indiffer
ently represented, but as the season ad
vances no doubt both will do better. A
prominent and -agreeable feature of
our foreign trade is the increase of grain
shipments, stimulated by cheap rail
transportation from the West and the
more favorable (to shippers) tenor of
foreign advices. With a few exceptions,
however, other leading staples have
been comparatively inactive. At Chica
go, and throughout the Northwest, of
which that city is the principal business
centre, trade is called moderately active,
but that is about all.”
JUDGE DAVIS’ CHANCES.
A writer in the New York Herald
speaking of Judge David Davis’ chances
of a Presidential nomination by the
Democratic party, says:
It is known that, in all the delegations yet
selected, there are many who entertain views
favorable to his nomination; but how many in
each delegation it is difficult to say. After it is
apparent that leading favorites cannot receive
a two-thirds vote, tho delegations from the
Western and Northwestern States, Pennsyl
vania, Virginia, Georgia, North Carolina, Ore
gon, Texas, Weßt Virginia and other Southern
States will be very anxious for his nomination.
It thought that his nomination would do
much to crry the States of Ohio and Indiana
in October, which are so important as influen
cing the election in November. His frjends are
oertain that he can get the votes of Illinois
and Wisconsin, Indiana and Ohio, if nominated.
Wo have not the remotest idea of the
identity of the party who furbishes the
Herald with its Southern political prog
nostics, but that he is a mighty
liar no sane man will deny. Instead of
Georgia being “anxious” for the nomi
nation of Judge Davis Georgia would
nqt support him under any considera
tion. \ye kilos' of but one Davis man
in the State, and tb# man is Judge
William Gibson, of the Augusta Cir
cuit. But Judge Gibson must know
that his nomination would not be ac
ceptable to the Democrats of the South.
Judge Davi3 is not a Democrat. He is
a Republican, nominated to a place on
the Supreme Bench as a Republican by
Republican President and confirmed
by a Senate. He is a Re
publican now as he W&s q, Republican
then, but he is immensely wealthy,
he has an inordinate desire to be Presi
dent. If a wise he will be satisfied
with his wealth end Mw position
which ho now occupies. Re will never
be President of fhg Rnibed States. No
Democrat could and HO Republican
would vote for him. Judge J)avid
Davis had better let well enough alone
and be oontent with his millions and
his Judgeship.
THE REFORMERS? CONFERENCE.
Mr. Charles Francis Adams, Mr.
Parke Godwin and Mr. Carl Schurz
have an idea jthab the country is getting
along very badly because the people will
not permit them ft) run the Government
machine. These gentlemen know more
about political affairs than all their fel
low-citizens put together, and they are
always willing to give the country the
bene&t pt their counsel. They met in
New York the .other day and solemnly
resolved that the Republican party and
the Democratic party are not worthy the
public confidence, and that tfae party
composes Of lgesars. Adams, Godwin and
Schurz is. They bay® giyen a platform
to the country and they a?.a equally
willing to give a candidate, but some*
bow the stupid country does not seem
to beat all grateful for their gifts. It is a
somewhat £jfߣ?rkable fact that there
are no privates yha irain beneath the
banner of Adams & Gp. fill their
soldiers are generals. They stand
ready to furnish officers if the coun
try will supply the requisite num
ber of voters. This is handsome
conduct pn the part of Adams & Cos.,
but we are*iufi their very liberal offer
will not fie accepted. Xjw battle
next November wiU be /ought by but
two parties—the Republican and the
Democratic. Upon the result of that
conflict will depend the control of the
Government for many years to oome.
All attempt* to make side issues and or
ganize third parties wMi PO® 6 to uaught
The Independents, Reformers, tb.e
Greenback and the Temperance men,
may raise their flags, but they WiK find
no following. They may keep gp a lit
tle guerilla war, but it will amount to
nothing. There are but two parties and
two isfipeo before the people, and around
these the' Lines will he elosely drawn.
Citizen* are either Demounts or Repub
licans; are ?tthr the advocates ot Cen
tralization and Despotism Ot the friends
of Freedom and Constitnti°oM Govern
ment, There ie no middle course CfiJCh
can be takes with safety.
.. g .*■.
The Rome Courier says ; '•‘There is a
strong under-current throughout the
State in favor of General L. J. Gabtrell
for Governor. Sine* Smith has retired
from the field we know pf no man for
whom we had rather vote than toy tbis>
gallant eoldier, able statesman and pure :
patriot. If North Georgia is not to be
honored with the Governor, to which it
seems to us it ia entitled, we think that
ita next choice will be Gabtrell.” We
ST* a little surprised at thi* information,
as the “ground swell” was supposed to
be in favor of Attorney-General Ham
mond.
AFTER FIVE YEARS.
THK ARREST OF BULLOCK
A Lone Expedition and a Successful Termi
nation—The Great Yhmover Caught at
Dinner—Ho Wants to Come Any How.
Our readers have already been advised
through the columns of the Chronicle
and Sentinel of the arrest of ex Gover
nor R. B. Bullock, in Albion, New York,
and his arrival in Atlasta in charge of
an agent bf the State of Georgia. From
Colonel O. P. Fitzsimmons, who was
charged by Governor Smith with the
important and responsible duty of bring
ing hack the fugitive, we obtain the fol
lowing particulars;
On Sunday, the 14th, Colonel Fitz
simmons, who was then in Augnsta, re
ceived a telegram from a friend in At
lanta, telling him that Governor Smith
desired to see him on important busi
ness. As soon as possible Colonel Fitz
simmons went on to the capital, aud ou
Monday had an interview with the Gov
ernor. The latter informed him that he
desired to secure his services in effecting
the arrest of Governor Bullock, who was
in Albion, New York. He would make
a requisition upon Governor Tilden and
felt sure that it would be honored. Af
•Jer deliberating upon the matter Colonel
Fitzsimmons decided to do as the Gov
ernor wished. He was given full au
thority to ÜB6 his
Own Discretion
In the matter, as the Governor had the
fullest confidence in his judgment. At
his request, he was authorized to carry
an assistant to New York with him. He
immediately telegraphed to his son, Mr.
E. M. Fitzsimmons, to meet him at the
Fifth Avenue Hotel, New York city.
Tuesday all toe papers were prepared
and Col. Fitzsimmons left on the 4:10,
p. m., train for New York. Only four
persons—the Governor, the Governor’s
Secretary, the mutual friend and Col.
Fitzsimmons himself—knew what his
errand was. He reached New York at
6, p. m., Friday, and proceeded imme
diately to the Fifth Avenue Hotel, in
tending to go on as soon as possible to
Albany, in order to have the requisition
honored by Gov. Tilden and obtain his
warrant for the arrest of Bullock. Soon
after stepping into the hotel he heard
several people talking about Gov. Bul
lock, and upon inquiry ascertained that
he was then in the hotel. He at once
posted off to Superintendent Walling,
of the New York police, stated to that
official what his errand was, and asked him
to aid him in the matter. He desired the
superintendent to detail a detective to
watch Bullock until he could go to A1 -
bany and have the requisition honored
by Governor Tilden. “There is no ne
cessity for you to go to Albany,” said
Superintendent Walling. “ Governor
Tilden is bow in New York city.” Col.
Fitzsimmons, upon learning this, called
upon the Governor at his residence at
Irving Place. It was now nine o’clock.
He found the Governor at home, and
stated to him his object, telling him at
the sametime that Bullock was then in
New York, and asking him if he would
not at once honor the requisition and
issue an executive warrant. Governor
Tilden responded that it would be im
possible for him to do so, as the Ex
ecutive seal, which was theu at Albany,
would have to be appended. Colonel
Fitzsimmons said: “ Governor Smith
depends on you, Governor, and does not
expect that you w 11 throw any obstacles
in his way.” Governor Tilden then
said that he would send the papers at
once to Albany—leaving out Bullock’s
name by way of precaution—aud have
the seal attached by the Secreiary of
State. Colonel Fitzsimmons then asked
the Governor if he (Colonel Fitzsim
mons) took the responsibility aDd ar
rested Bullock now, would he (Governor
Tilden) stand by him ? The Governor
shook his head, .and Baid that would not
do. He informed Colonel Fitzsimmons,
however, that he would send the papers
to Albany, in charge of his private sec
retary, on the eleven o’clock express
train, and that they would be back at
six the next morning. Satisfied with
this assurance, Colonel Fitzsimmons
returned to Superintendent Walling and
asked him to
Detail a Detective
To go to the Fifth Avenue Hotel
with him, for the purpose of watch
ing Bullock until the papers ar
rived. Superintendent Walling prompt
ly complied and placed two men at Col.
Fitzsimmons’ command. With these
Col. Fitzsimmons proceeded to the
hotel. He asked the clerk if he knew
Gov. Bullock and received a reply in the
affirmative. In reference to inquiries
the clerk informed him that the Govern
or was a slim personage. This rather
staggered Col. Fitzsimmons’ .faith in
the identity of the watched man. Upon
asking a waiter the same question, how
ever, he was told that the Governor was
a stout man, with long heavy beard.
This confirmed his first suspicion. He
then asked if he could see the Gov
ernor. “Can’t do it, sir. He gave orders
that he was not to be disturbed.” Col.
Fitzsimmons was now more than ever
convinced that his man was within easy
reach. Turning to one of the detec
tives he said : “In Georgia, we would
go up stairs and capture our man; how
would it do here ?” The detective as
sured him it oould not be attempted.
“Well,” said 001. Fitzsimmons, “we
will have to watch him until morning.”
And watch him they did. Our readers
may imagine their disappointment when
they ascertained next morning they had
been watching the
Wrong Man
All night, since'the Fifth Avenue party
was no qther than Governor Bullock,
of Massachusetts, who was injNew York
oity in attendance upon the Independent
Convention. The Massachusetts Gov
ernor was very angry at the mistake,
but if a man will persist in being on® of
two Dromios he must pay the penalty.
At 6 o’clock the papers returned from
Albany with the seal of the State at
tached. Col. Fitzsimmons had another
interview with Gov. TildeD, and inform
ed fiim of his mistake in regard to the
Fifth Avenue IJLotel Bullock, aud that the
right man was stfl} ip Albion. He then
told Gov. Tilden' that as' fie was a per
fect stranger and going to Bullock’s
home, be would like to have a letter of
introduction to sqjpe one in Albiop.
Gov. Tilden gaid that fie knew only one
man ip tfie place, pud would telegraph
tp kpow if fie was there at that
time. He telegraphed at opce and re
ceived a reply to the effect thpttfip party
was in Albion, but was going to leave
that night. Gov. Tilden immediately
telegraphed back, asking him to defer
his departure. Col. Fitzsimmons then
asked Gov. Tilden if he thought there
would bp apy disturbance in Albion
when he arrested The Gov
ernor replied that there might be. Al
bion was a Radical stronghold, Bullock's
birthgla&e, where his father now lived and
where be was greatly beloved. Under
these circumstances Col. Fitzsimmons
deemed it best to obtain assistance. He,
therefore, armed with a letter fropi Gov.
Tilden, catted op Sheriff Conner, of New
York, who detailed Deputy Sheriff D.
McGonigbal to acioippapy fiim to Al
bion. Every officer, from Governor
Tilden down, did everything in their
power to. aid Colonel Fitzsimmons, who
speaks in the highest terms of them all.
He ftsys that the promptness with which
business was speaks -well fo r
Governor Tilden's aifipiflistration, and
we feel assured that our reader will join
With him in this opinion!
If fie left New York Saturday, Colonel
Fitzsimmons would arrive ju Albion
Sunday, and this fie V.4 a strongly ad
vised not to do, as trouble might ensue
upon an attempt to arrest Bullock ou
that day. He, therefore, waited and
boarded the only train that left Sunday
eyeping—at 8J o’clock—and arrived in
Albion at 11 o’clock Monday. Albion is
on Like ‘.Ontario, ip Orleans eounty,
N. 1., thirty pules fiom Niagara Falls.
As soon as be reached’ Albion hfe pro
ceeded to the residence of the party to
whom he had a letter of introduction.
To his disappointment fie ascertained
that the party had left town. A relative
of tfie absent gentleman, however, was
present, and Colonel Fitzsimmons de
termined to make a confidant of him.
Alter securing his promise of secrecy he
told him what he was after, and asked
him if he knew where Governor Bullock
was. This the gentleman refused to
tell. “Well,” said Colonel Fitzsimmons,
“if you will not assist me I have your
psaipigp that you will not
Work
Me.” The gentleman assure*, hja that
fie had no'such intention. ‘“Wifi you
tell me, then,” said Col. Fitzsimmons,
“where the sfienjfi' of this county can be
found r This liltonpaligp Vas given,
and Col Fitzsimmons moa topnfi the
sheriff. That officer, whose name is
Thos. Parker, showed much surprise
up op hearing what Col. Fitzsimmons
was after. Re told him that Bullock
was au " old schoolmate and personal
friend of his. Col. Fitzsimmons, in re
oly, told him that Opr. Tilden depend
ed upon him, and expected hi to to re
port at once as a* be made the ar
rest The sheriff thefi Bftid that Gov.
Bullock had been out riding that morning,
but was in all probability at that time—
one o’clock —at dinner. The sheriff, Col.
Fitzsimmons, and Deputy MfDonegal
then proceeded to Bollock's residence.
Thesheriff who had the warrant, went in
white Colonel Fitzsimmons and Deputy
McDonegal remained outside. In a few
minutes the sheriff came to the door
with Bullock. The latter recognized
Colonel Fitzsimmons, and said that he
was glad that he was the man who had
been selected to arrest him. He was
then carried to the sheriff’s office. Cote
nel Fitzsimmons informed the sheriff
that he expected him to retain a custody
of the prisoner. He would receive him
from his hands only at the train. Bul
lock then asked Colonel Fitzsimmons if
he would not wait until the 8-.3o.train.
Colonel Fitzsimmons replied that he
(Bullock) was iu the sheriff’s hands, who
could act as he pleased about it. For
his own part te was determined to carry
him back to Georgia. Colonel Fitzsim
mons had handcuffs ready in case of
trouble. I
At 3 o’clock the sheriff went to Colouel
Fitzsimmons and said he wished he
would leave with his prisoner on the 6
o’clock train. “Do you
Apprehend Trouble V”
Said CoL Fitzsimmons. “Well, I would
prefer that you would take him on the
6 o’clock train,” replied the sheriff. Aud
so the party left Albion at that hour.
Once while waiting at tbe sheriff’s of
fice a large crowd was seen approaching.
“There comes trouble,” said the sheriff.
But it turned out that it was only a mob
following a drunken man who was being
conveyed to the station honse.
After leaving Albion no trouble was
experienced, and Bullock was safely de
livered to the proper authorities in At
lanta, at ten minutes past ten o’clock,
Thursday morning. There were only
two brief stoppages on the road, once at
Rochester and once at New York city.
At the latter place Sheriff Conner had
everything in readiness to place Bullock
in the Tombs and keep him there until
the Savannah steamer was ready to sail,
in case of trouble. But none occurred.
At Albion Bnllock stated to Colonel
Fitzsimmons that he intended coming
on to Georgia anyhew in about two
weeks. Once on the road, he remarked
that he had intended to ask Colonel
Fitzsimmons to withdraw the papers,
and let him come to Georgia on his
parole, but he knew him in Augusta,
and therefore had not done so. Colonel
Fitzsimmons replied that he was glad he
had not asked it.
Deputy Sheriff Donegal accompanied
Colonel Fitzsimmons to Atlanta, and
rendered invaluable assistance.
Too high praise cannot be awarded to
the New York officials, from Governor
Tilden down, for their promptness. One
of these officers, Sheriff Parker, of Or
leans county, it will be recollected, is a
Republican, and a personal friend of
Bnllock.
The selection of Colonel Fitzsimmons
by the Governor to execute this delicate
mission was a high and deserved com
pliment to that gentleman. The prompt
ness and ability with which tie duty
was performed is sufficient evidence that
his Excellency knew what he was about
when he placed the requisition in Colo
nel Fitzsimmons’ charge. Colonel Fitz
simmons traveled about thirty-six hun
dred miles in a little over a week, and
slept bat little during that time.
We clip the following in reference to
Bnllock from the Atlanta Constitution,
of yesterday : “A special was received
at the Constitution office this morning,
about half-past nine o’clock, from Nor
cross, stating that
Ex-Gorernor Bnllock
Was on the Air Line train and would
reach the city at ten o’clock. Sure
enough at ten o’clock the train arrived
bringing the fugitive ex-Governor.
There were only a few persons in the
depot at the time. He walked up to the
Kimball House with as much ease and
nonchalance as if he had not been ab
sent from the State since the 23d of Oc
tober, 1871.
Various conjectures were afloat as to
the motive for his return.. Some thought
he had oome back to run for Governor,
while others shrewdly suspected that he
was here to work up the State for
Blaine, with a view that the next ticket
should be Blaine and Bullock, while
others, seeing the freedom with which
he seemingly walked the streets, in
quired why he was not arrested. A lad
hastily rushed to the Executive Depart
ment to inquire if there was any reward
, offered for him. His appearance shows
him to have been well kept, and his pla
cid face shows no fear of Ku-Klux. In
response to one gentleman, as to how
long he intended to stay in Atlanta, he
remarked, "That depends upon the
weather.”
To another gentleman he stated that
he had nothing to say concerning him
self. The real reason of his return is
that he was brought back under a requi
sition made by Governor Smith upon
Governor Tilden. He reached here in
charge of an agent of the State, a gen
tleman of Augusta, and a deputy sheriff
from New York. The requisition was
based upon an indictment found in
Fultton Superior Court charging Bul
lock with cheating and swindling in the
matter df the Tennessee Car Company.
This requisition, with one for Foster
Blodgett, had been lying in Governor
Smith’s desk under lock and key for
several months, awaiting a favorable op
portunity to be executed. First one
another led to delay, espe
cially the frequent references to the
subject by oertain newspaper in the
Slate, which, it was supposed, would
put Bullock upon notice and render his
arrost both difficult and doubtful. As
soon as things got quiet, however, the
Governor put Hie requisition in the
hands of a gentleman of intelligence
and oouraga, on Thursday of last week,
and he immediately left for New York.
Governor Tilden promptly furnished
Col. F. with a reliable deputy sheriff to
assise in the matter, and with letters to
responsible men in and near Abion,
New York, the home of the fugitive.
The whole thing has been managed with
great tact and judgment. Foster Blod
gett saved the State the trouble of the
requisition being made for him, by at
tempting to pass through Georgia, when
he was pioked up.
Ex-Gov. Bullook seems to have been
well kept, and appears in finer physical
condition than ever before. He is reti
cent as to the present aspeot of affairs.
He left Atlanta on the 23d of October,
1871, having resigned his office. There
are several indictments against him, ob
ained in Fulton Superior Court. One
is for cheating and swindling in connec
tion with the Tennessee Car Company.
The company is said to have had lo ex
istence ahd to have obtained $10,512 41
from the State Road,
The testimony before the Legislative
Investigation Committee was rich and
racy on this point.
The ex-Governor was arrested on two
bench warrants anfl fois bond fixed at
$13,000 in the aggregate. He gave bond
promptly. We learn that Messrs. J. T.
Grant, Tom Alexander, R„ Peters, J. C.
Pec)t and B. Conley went on his bond
to appear before the Superior Court and
answer the charge.
Gov. Bnllock is defended by Jndge
McOay and Gen. Gartrell.
McDUFFIE COUNTY.
The Condition and Prospects of the Crops.
[From an Occasional Correspondent .j
Oakshaw, May 17th.—As all interests
and trades.of the professional world are
languishing from tfie 4 eart fi in the agri
cultural department for tfie past few
years, your many readers wpil no doubt
be interested in the prospects for the
future, ft should fie the object of every
farmer tp exert every nerye jn raising
all the pereals fie cap to dispel the
dark clopde of pdverity wfiieh fias been
hoyering ovgr apd around us ; brought
about from exorbitant rgtes of interest
paid our factors, and extravagant ex
penditure of money upon ourselves and
laborers, together with raising all cotton
to the nCS ltt t Ut Uo teroalo.
As the darkest hour is just before the
dawn, and all prosperity is derived from
the earth, let’s take a telescopic view
and see if we haven’t reached the bot
tom. The acreage in the oa{; prpp (as
compared with last yearj is 1331, or one
third more soyn than last season, with
the average condition at 120 and ten
days earlier than last season, with no
signs of rnsfc about it. Acreage in wfieat,
120* average condition, 110. Rust on
the’blades with none on the stalk, which
has been the case every Spring since
the war except a few years, when the
Stalk topMh? mat and ruined the grain.
Acreage jii‘ rye, 115; average condition,
110. Barter tfie sapm rye- Acreage
in corn, 120; average condition, 100.
The late cold weather necessitated plant
ing over in some localities, but the pre
paration of the soil being far superior to
anv year in the past ten, and all of the
crops being heavily fertilized with pro
pitious seasons, we can safely estimate
the crop at J2O over any preceding year
since the war, which will make tfie farms
self-sustaining so far as cereals are con
cerned. CiTi2 to tfis mild Winter and dry
Spring, cattle, hogs an.? aliee P
of quarters in an excellent conuA!? 11 ;
and the losses ip calf and lambs drop-
ped are Ter™ few.
King Cotton dges not occnpy the
same prominent position ifi did iast sea
son. Its acreage will not reach §5, and
it is fully ten to fifteen days later than
last season, with bad stands and cold
nights still causing it to die out. It is
true, we can replant and have more fer
tilizers this season than last, bnt we
can’t make up for the deficiency in
acreage. With the credit system aban
doned, extravagance discarded and labor
as efficient as any time since emancipa
tion, I can djac .rn a break in the dark
clouds, showing tfie silvery lining in the
future. Let us not slacken opr epprgjes,
but put every available acre we have left
in peas and potatoes, performing our
whole duty, trusting to an _ Allwise
providence to send ns sunshine and
r*in, &fi4 we will occupy the proud po
sition we did in Wfftf bellum times—the
most independent people op ear to
A boy has been accustomed to see the
heavy drama, and called his father to
dinner thusly: “What, ho, there, base
craven,” “come hither to thy vespunan
hash.” When that father and son came
together the collision sounded as if cym
bals had clashed together.
RISE UP WILLIAM ALLEN.
THURMAN SLAUGHTERED BY THE
UNCLE OF HIS NEPHEW.
The Ohio Democracy’s Convention—Allen ▼.
Thurman-Ther in an Carries a Committee-
Alien Carries the Convention—The Major
ity and Minority Reports— I The Minority
Report Adopted 366 to 366—Ohi o Speaks
For Allen and Soft Money.
Cincinnati, May 17.—The Democratic
Convention was'called to order at 11.15
a. m., by Mr. Walling, Chairman of the
Central Committee. Gen. Shand, of
Cincinnati, was chosen temporary Chair
man. Mr. Pendleton made a short
speech on taking the Chair—when elect
ed permanent President of the Conven
tioo. A motion not to go back on the plat
form of 1875 caused great excitement. It
was finally decided that all reso
lutions on the platform should be refer
red to a Platform Committee without
debate. After appointing a Committee
on Credentials, the Convention adjourn
ed to 2 o’clock. It is stated that the
Committee on Platform will not agree
to-day. The Hard Money men seem in
a majority. Thurman’s friends make
the committee 12 Hard Money to 8 Soft
Money men.
When the Convention re-assembled in
the afternoon, the Committee on Plat
form made two reports. The report of
the majority was in favor of hard money.
The reading of the report was followed
by that of the minority of the commit
tee by Gen. Morgan, who claimed that
the report represented nine of the twen
ty members of the committee. It is as
follows:
Resolved, That, recognizing the duty
of the Democratic party as the time
honored champion of the rights of the
many against the aggressions of the few,
to express its purposes in the pending
currency conflict without reserve or
eqvivocation, we declare that we
shall urge, against all opposition,
come from what quarter it may,
measures to effect the following :
Ist. The immediate, unconditional
repeal of the Republican Resumption
law. 2d. TJ;e defeat of all schemes for
resumption which involve either con
traction of the currency, perpetuation
of bank issues or increase of the in
terest burden of the debt. 3d. The
gradual but early substitution of legal
tenders for national bank notes. 4th.
The issue by the General Government
alone of all their circulating medium
whether paper or metalie. sth. No
forced inflation, no forced contraction,
but a sound currency equal to the
wants of trade aud industry, to be
regulated in volume and gradually
equalized with gold by ' means
of appropriate legislation, such as
making it receivable for customs
and interconvertible at the pleasure
of the holders with a bond bearing an
interest not to exceed three and sixty
five one-hundredths per cent., payable
in gold, so that the volume of currency
shall not be determined by the pleasure
or caprice of either Congress or the
banks. 6th, a graduated income tax to
meet at least the premium on gold need
ed to pay the public debt. 7t,h.
Resolved, i’hat public policy and a sense
of common justice require that the silver
issued by the Government should be a
legal tender in payment of all
debts, public and private, and that we
demand the unconditional repeal of the
so-called silver act, so far as the same
limits the amount for which said silver
coinage shall be a legal tender. Bth.
Resolved, Thar we are in favor of a
tariff for revenue ouly, and we denounce
the Republican scheme of resumption
as intended and operating through a large
increase of the bonded debt and a sud
den and enormous contraction of the cur
rency, to double the burdens of taxation,
rob debtors of tlieir property, paralyze
productive and commercial industries,
cast laborers out of employment and
fill the land with want and misery for
the wicked purpose of doubling the
values of money securities and subju
gating the mass of the people to the im
perious sway of a money oligarchy.—
9th, That the Democracy of Ohio
present to the Democracy of the
other sovereign States of the
Republic the name of William
Allen as the choice of Ohio for the
Presidency. lOfcb, That the delegates at
large to the St. Louis Convention and
the delegates appointed by the Con
gressional districts are hereby requested
in the National Convention to favor
Wm. Allen for President and to use all
honorable means to secure his success.
The minority report was adopted by
a vote of 366 yeas to 300 nays. This is
considered a victory for Allen (!)
MORGAN COUNTY.
Tlio Crops ami the Candidates—A Call For
the Executive Committee.
[From an Occasional Correspondent .]
Rutledge, Ga., May 18.— Since the
fine season we had Monday night last,
everything is brightening. The late cot
ton which was comiDg up but slowly
has all bursted through and there never
were better stands than now. Our
farmers are busy “chopping out” and
plowing. Most of them have already
worked over their corn crops, of which
there is an increased area in and though
the stand of corn from first plantings is
not so good, yet it is growing off finely.
We have heard some complaints of rust
in wheat, though no serious damage as
yet to the crop. Both the wheat and oat
crops promises well. A number of our
farmers have put in small patches of
German millet for grazing purposes,
which is said by those who know to do
well in this section. There were about
three hundred tons guano sold here
this season, an increase of near fifty tons
over last year, but this increase is
owing mostly to the increased amount of
fertilizers used per acre and to the pret
ty general use of it under corn and pota
toes. Our little town is improving some.
Mr. S. P. Harris is having a commodi
ous store house built, and I learn that
the Messrs. Almans will commence work
on theirs soon, and also hear of some
other store buildiDgs in contemplation,
besides which several dwellings are be
ing built and added to, which altogather
makes our village more lively.
Notwithstanding the increased amount
of guano used and the reauction in the
pricp of supplies, our crop of candidates
is rather short. So fay not over a couple
of dozen have oorao to the front as '‘the
man" for legislator from our county,
and although much depressed in feeling
and disappointed at this ‘‘shortness,”
we yet have a “little hope budding”
that these warm days may yet bring
forth a sufficient number to fill
the list. And by the by, while
talking candidates, what’s going to
be done about a State Conven
tion ? Seems to us it is getting about
time we were hearing from the Execu
tive Committee upon this subject, for it
is of vast importance to us to be tho
roughly organized, for the opposition
are quietly and surely marshalling their
forces for the Fall campaigns, and
though theiy apparent strength has
been growing “beautifully less” for
several years, yet we must not forget
that our victories haye been won by
strong and united efforts upon our part,
and if we become suffeited with the
glories of the past, we may yet have to
battle strugglipgly against an adverse
wind,
But pardon, gentlemen, for so long an
intrusion upon your valuable time.
With respect, Occasional,
BUKKF. COUNTY.
The .Superior Court—The Crops.
[Special Correspondence Chronicle and Sentinel .]
Waynbsbobq, May JB.—Burke Su
perior Chart convened here on Mon
day, Judge Cjib'sqn presuming. The
local pgr js Represented by Messrs,
•lopes, Corker, Rogers, Glisscm, Ferry,
Bessiap, Lovett, Johnson and Palmer.
The visiting members are General Cars
well, of Jefferson ; Judges Hook, Mont
gomery and Shewmake and Solicitor
Jackson and M. P. Carroll, Esq., of Au
gusta. But few cases have been dis
posed of as yet. The docket is heavy
and will occupy the usual * term of two
weeks. Jurors and those involved in
suits are about all in attendance. The
farmers are at home and, I learn, mak
ing greater and more judicious efforts
in their department than for years past.
A great deal of corn has been planted
and more attention given to its cultiva
tion than formerly. It is thought with
favorable seasons an abundant corn crop
will be made, and the interest in raising
hogs is rapidly increasing. The oat
crop is very large and promising, and
will be i'ae , K * aviest tor twenty-five
years.
I learn that there are many white and
colored in the country suffering for the
necessaries of life, aqd it is feared this
will become a very serious matter be
fore the present crop is made. From
the pipch of necessity they will learn
wisdom and economy, through the prac
tice of which relief will come. B.
Go VEBNMENT Arnta FOB THE CENTEN
NIAL Legion. —Captain B. C. Gilchrist, of
the Washington Light Infantry, of Char
leston, received notification Wednesday
from the War Department that the joint
resolution to supply the Washington
Light Infantry and the Clinch Rifles, of
Angosta, Ga., with Government arms, to
be nsed by the respective companies in
the Centennial Legion, on their visit to
Philadelphia on the 4th of July next,
had passed both the House and Senate
unanimously. The arms are the im
proved breech loading Springfield
rifle, and each company is required to
sign a bond for the safe return of them
after tbe above mentioned use has been
made of them. The resolution was
fathered and engineered through by
Senator T. J. Robertson,of South Caro
*“*■ .
THE SUPREME COURT.
DECISIONS RENDERED MAY 16, IST6.
(Atlanta Constitution .l
Carter vs. The State. Murder, from
Ware.
Warner, C. J.
The defendant was iudicted for the
offense of murder and on his trial there
for was found guilty. A motion was
made for anew trial’ on the following
grounds, which was overruled by the
Court, and the defendant excepted : Ist.
Because the Court erred in ruling that it
had been proved before him upon chal
lenge of the array of the jurors in said
casd upon first and second grounds
taken that the commissioners had all
been sworn under section 3910, of the
Code of Georgia, when, as defendant
alleges, the testimony of Mr. Cason
showed affirmatively that he had not
been sworn. 2d. Because the Court err
ed in ruling that the jury list was cor
rectly made out, in substantial com
pliance with the law, when, as defendant
alleges, there was no certificate attached
to said list that it contained all the
names in the jury box. 3d. Because
the Court erred in ruling that the order
of the Judge at the present term of the
Court, for completion and revision of
jury box by making a list, was in con
formity to the substantial requirements
of the statute, authorizing the Judge to
order a revision. 4th. Because the
Court overruled the following ques
tion asked of White on the chal
lenge for favor : “ Have you
formed a fixed opinion as to the sanity
or insanity of the prisoner at the bar,
and do you still entertain that opinion ?”
as to all the jurors subsequently pat
upon the prisoner the Court ruling that
the question might be asked, “Have
you formed a fixed Opinion foror against
the prisoner and do you Still entertain
that opinion?” sth. Because just be
fore Court convened after dinner at the
noon recess on Monday, October 4th,
1875, five of the jury were found up
stairs in charge of plaintiff, and seven
were below stairs separated from the
five above stairs at the time, also in
charge of plaintiff, wliicli fact, though
it came to counsel for defendant, was
not brought to the knowledge of the
Court, testimony having been already
taken in said case. 6tb. Because, when
Dr. J. J. Harris was placed on the stand
and asked, among other questions, the
following : “From all the evidence in
this case in relation to the desertion of
Carter’s children by his wife and her
prostitution, do you consider it a suffi
cient cause for insanity in Carter, should
such insanity exist ?” The Court over
ruled said question and erred therein.
7th. Because James M. Mullis, when
put upon the stand in rebuttal of the
testimony of the defense, and was asked
by the State—“ How long before the
killing of Corbett did you see him (mean
ing Carter) last?” his answer was,“l had
not seen Carter so frequently before the
killing.” The Court refused to allow
such answer to go on the reoord, al
though he allowed it to go to the jury
because the State withdrew the question
which evoked the answer, and erred
therein. Bth. B.cause when J. H.
Miller was sworn by the defense to re
but the rebutting evidence of the State,
and was asked, “Were you. a Notary
Public in 1874?” and was’ answered
“yes,” when the following question was
asked : “Did you receive a message by
Jim Corbett purporting to come from
Corbett, deceased, about the attach
ment. by Carter against Corbett, and
what was it?” overruled by the Court,
counsel for defense stated that they ex
pected to prove said message from Cor
bett, deceased, to be that Carter was
crazy, aud to pay no attention to him.
9fch. Because the • Court refused to
charge the following written request :
“That if the jury, after examining all
of the evidence in said case, are
not satisfied beyond a reasonable doubt
of the sanity of the prisoner at the time
of the commission of the homicide, if
their minds are wavering or doubtful
upon this point, not at rest as to his
sanity or insanity, the prisoner is en
titled to the benefit of that doubt, and
the jury are bound to acquit,” but did
charge if there was a preponderance of
evidence in favor of insanity, the jury
must acquit. 10th. Because the jury
found contrary to evidence. 11th. Be
cause the jury found against the pre
ponderance of evidence. 12fch. Because
the jury found contrary to the charge of
the Court. 13tli. Because the jury
found contrary to law. 14th. Because
the jury found contrary to the evidence,
the weight of evidence, the law and the
charge of the Court.
It appears from the record that the
defendant challenged the array of ju
rors put upon him by the State upon
the ground that the Commissioners who
revised the jury box had not been sworn
as required by the 3910th section of the
Code, and that the jury list had not been
made out aud certified by the Com-,
missioners as required by law. It
was agreed by the counsel for de
fendant and the State, in writing, that
the presiding Judge should hear evi
dence and pass upon the facts and the
law in relation to this ground of chal
lenge. After hearing the evidence, the
Judge found that the Commissioners
were sworn according to law. This
finding of the Judge was binding on the
parties and the defendant had no legal
right to complain of it. It appears from
'the-evidence in the reoord that the jury
list was headed “A list of names of ju
rors in the jury box of Ware county,”
and after ail the names appeared the
following: “Given under our hands and
seals,giving the day and date, and
signed by the Commissioners, Ordinary,
and Clerk of the Superior Court, no cer
tificate appearing to said list other than
the above statement. The Court order
ed the Commissioners to complete the
jury list already made, and to file the
same in the Clerk’s office us the jury
list of the county. Tbe jury list as
made out by the Commissioners in the
first instance, the names on which had
been placed in the jury box, was a sub
stantial compliance with the law, and
the order of the Court to make it more
complete by complying with the form
al requirements of the statute, did no
harm’ to anybody. We are in some
doubt as to whether there was any jury
list made out by the Commissioners
prior to tbe order of the Court direoting
it to be revised . and oertifled from the
confused statement in the record, but in
either event there was no error in over
ruling the defendant's challenge to the
array of jurors put upon him by the
State. The jurors were drawn from the
box in which the same Were placed by
competent legal authority, and under
the supervision of the proper officers
appointed for that purpose. There was
no error in overruling the question asked
the juror (White), “Have you formed a
fixed opinion as to the sanity or insanity
of the prisoner at the bar, and do you
still entertain that opinion Nesbit
vs. The State, 43d Gn., Rep., 238. There
was no error in overruling the fifth
ground of defendant's motion. If he or
his counsel knew that the jury had
separated during the progress of the
trial, it was his duty to have called the
attention of the Court to it then, and
not have remained silent and taken his
chance for acquittal until after the ver
dict was rendered. There waa no error
in ruling out the testimony of Dr. Har
ris, as set forth in the sixth ground of
the motion. The question in issue on
trial was whether the defendant was in
sane at the time of the commission of the
alleged offense, and not what would be a
sufficient cause to produce insanity.
There was no error in overruling the
seventh ground of the motion. The
refusal of the Court to. allow the
ansvyer of the witness to bp re
corded was a matter for the discretion
of the Court, and difithp defendant no
hariq. Thprp wgs no error in rejecting
the evidence of Miller as set forth in
the eighth ground of the motion. It
was merely hearsay evidence, and Jim
Corbett was a competent witness to prove
the message sent by him from the de
ceased to the Notary Public, if in fact
such a message was sent. There was no
error in the charge of the Court and
refusal to charge as requested, as set
forth in the ninth ground of the lhotion.
Inasmuch as the law presumes, for the
safety of society, that every person is of
sound mind until the contrary appears,
therefore that presumption should be
rebutted by a preponderance of evidence
of insanity at the time the offense is al
leged to have been committed. Unless
there fa a preponderance of evidenoe in
favor of the insanity of the defendant,
the jury would not be authorized to ac
quit him of the offense with which he is
ohargefl op that ground of his defense.
The 10th, lltu, 12th, 13th and 14th
grounds contained in the motion will all
be considered together, ttio substance
of which is, that the verdict' is contrary
to law and the evidence. After a care
ful review of the evidence complained in
the record, we are of the opinion that
there is a preponderance of evidence in
favor of tpe verdict, and that being ao
the verdict is not contrary to law, bnt
in accordance therewith, and as the pre
siding Judge was satisfied with the find
ing of the jury, we will not interfere with
the exercise of his discretion in over
ruling the defendant’s motion for anew
trial. Let the judgment of the Court
below be affirmed.
Carswell, executor, vs. Schley, et at.
Equity, from Burke.
BLEcpor?, J.
1. By the marriage settlement, Mrs.
Miller and her two children by D- r . Mil
ler were tenants in common of the
whole property, each with an interest of
one-third. 2. At the death of Mrs. Mil
ler her third passed to him, half of it
by survivorship and the other half be
cause he was her heir at law. 3. Dr.
Miller was entitled to take the profits
and labor of the whole property while
his wife was in life only. After her
death he and his two children by her
were tenants in common, in both corpus
future profits. In view of the
doubtful construction of the trust deed,
all the defendants in the original bill
were proper parties. Judgment affirmed
as to original, aud reversed as to cross
bill.
White vs. The State. from
Chatham.
Bleckley, J.
1. Under the Code (§§ 4507, 4508),
only public officers, either dejure or de
facto, can be convioted of extortion. 2.
For an officer having in bis bands a war
rant for assault and battery to receive
money which is voluntarily offered and
paid by the defendant, is not extortion,
if the money is received in good faith to
be used in settling the prosecution and
not for the officer’s own use. Whatever
offense the transaction may amount to
it is not extortion. 3. That the officer
said the warrant was for assault and
battery, is not irrelevant, and may be
proved against him as part of the
gestae, without producing the warrant.
4. In order to show the officer’s experi
ence and acquaintance with his duties,
though it be alleged that be was a special
oonstable, it may be proved that he bad
frequently before been sent by the mag
istrate to make arrests. And parol
evidence to that effect is not secondary.
5; The Judge may propound a leading
question to a witness introduced by the
.State. 6. It is error to charge, “Under
the evidence for the defense, he is
guilty.” 7. It is error to charge, "If
you disbelieve all the evidence for the
State, and believe every word of evi
dence for the defense, I charge you the
prisoner is guilty, but, of course, you
can look to all the evidence aud make
up yqnr verdict on it.” Judgment re
versed.
Pearson vs. the State. Counterfeiting,
from Appling.
Bleckley, J.
1. Ou' the question whether the pris
oner knew a certain grant uttered by
him was impressed with a forged and
counterfeit great seal, it was error to
charge the jury, “that, if the evidence
showed he was a land trader that was a
circumstance they had a right to look to,
as a land trader who handled a thousand
grants would be more likely to know a
counterfeit grant and seal than a man
who only occasionally saw one”—there
being no evidence that the prisoner had
ever seen any grant except the one
littered, and no evidence that he was a
land trader, except that he sold the tract
to which that grant purported to apply,
and the further testimony of the pur
chaser that he regarded him as a land
trader but did not positively know his
business. 2. Neither the existence of a
genuine grant, noi; the public record of
it, is evidence that theuttererof a forged
grant bearing a different date and pur
porting to convey the same tract of land
from the State to a person other than
the utterer, knew that the forged grant
was a forgery, it not appearing that ho
had any knowledge, information or be
lief touching the genuine grant or its
record. Constructive notice by a public
record is no substitute for aotual notice
in establishing the scienter requisite to
criminal intention. Judgment reversed.
Sabbattie vs. Boggs. Ejectment, from
Liberty.
Bleckley, J.
1. A sheriff’s deed, based on sale of
land for taxes, is not evidence without
the execution under which the sheriff
acted. 2. A judgment right in itself
will not be reversed because predicated
in whole or in part on a wrong reason.
Judgment affirmed.
The Savannah and Charleston Railroad
Company-us. Callahan, et al. Com
plaint, from Chatham.
Bleckley, J.
1. The contract price of the whole
work was $475,000 in bonds; not the ag
gregate amount of the estimates, either
in cash or in bonds at tbe agreed rate.
2. The estimate cash prices of the work
in detail, aud the agreed rate at which
bonds were to be counted when ad
vanced on the estimates, were both pro
visional, and were intended for use in
the temporary monthly settlements only.
As the estimates were not to be tho ulti
mate measure of compensation, so the
agreed rate for the bonds was not to be
the ultimate measure of their value. 3.
For the default in paying bonds the
measure of recovery is the actual value
of the bonds when they ought to have
been paid, with interest thereon. 4. The
stipulation in the contract for retaining
ten per cent, of the cash estimates
until the completion of tho work, pro
vided that not more than . $25,000
bonds at par should be retained as se
curity, and in case of failure by the
contractors to execute the terms of the
instrument, then the amount so retained
to be forfeited to the company, is in the
nature of penalty and not stipulated
damages. At all events, time is not so
clearly, and to such a degree, of the es
sence of tbe contract as that the for
feiture of tho whole sum would follow
solely because the work was not com
pleted by the last day fixed in the cove
nant, though it was completed in less
than ninety days thereafter, and accept
ed by the company. This construction
is favored by the fact that a part of the
work was to be finished by one time aud
the balance by another, and, moreover,
the contract contained a general safe
guard on the element of time, which the
company voluntarily failed to make use
of, namely, a power in the chief engi
neer, in ease the work should not be
prosecuted with proper dilegence, so as
to insure its completion at the time
specified, to put ou an additional force
at the expense of the contractors— See
51 Ga. 348. 5. As the record contains
no sufficient evidence of the aotual
value of the bonds at the time or times
of default in making payments, the
judgment refusing anew trial is revers
ed on terms. Judgment reversed.
Rake vs. Hardee. Equity, from Chat
ham.
Bleckley, J.
I. A motion for new trial maybe made
at any time during the term at which
the verdict was rendered; and where the
term continues for more than thirty days
after the motion is overruled, a bill of
exceptions presented within sixty days
after the judgment overruling the mo
tion, is in time, as to that judgment, on
all the grounds embraced in the motion.
2. Where objections arising upon tbe
face of the verdict are urged against
the making of a decree aud are over
ruled, the same matters, if appropriate
to a motion for anew trial, may be in
cluded, with others, iu suoh motion sub
sequently made during the term. The
prior decision on the objections will be
considered as rendered subjeot to. a more
formal and regular examination of the
several matters by motion for new trial.
3,. Want of fullness in the finding of the
jury, or failure to, embrace therein the
material issues of fact, is cause for new
trial in au equity case. 50 Ga. 395. It
isjequivalent to a mistrial at law.
23 N. Y. 539; 27 Ga. 469. 4. Where
the complaiuant waives discovery,
he undertakes to prove all the
material allegations in the bill ; and
whether this is done on the trial or not,
is a question for the jury. Te Judge,
as chancellor, can decid,Q no material
fact. He may submitMlie case as a
whole to the jury, or he may carve it
into tbo several questions of fact whioh
it involves, and instruct the jury to an
swer each question separately. If the
latter course be adopted the questions
and answer*, taken together, should dis
close a finding by the jury of every fact
requisite to. a full and final decree upon
the whole merits of the controversy. 6.
In the present ease, a charge of fraud
was involved as a fujjdam'riial element
of the bill, aud without a finding upon
that question, either general or spqoi*l,
there could be no decree for the com
plainant—Ga. 43.fi. %■ The amount
of the recovery was also to be ascertain
ed by the Judge, as there was ao report
by a master or auditor unexcepted to.
7. Newly discovered evidence to the ef
fect that a witness who has died since
testifying made previous colloquial
statements in direct conflict with his
testimony, is not ground for anew trial.
Judgment reversed.
Jackson, J., having been of counsel
did not preside in this case.
Ayres vs. Daly. Equity, from Bibb.
Bleckley, J.
1, A bill for account cannot be tamed
by amendment into an action for breach
of warranty as to the quality of goods
. sold by the defendant to the plaintiff iu
an accounting which took place; more
especially, if at the time of making the
amendment, a seperate action on the
Warranty would have been barred by the
I statute of limitations. % Where the
bill touching a Confederate transaction
alleges no conversion of any part of the
goods delivered to the defendant for
! sal# and no failure to retnrn goods un
sold, bnt claims the proceeds of sales
made, it is error to decree for the vaipe
of the goods in United, currency
at the time wb°u tjjjer ought to have
aooounted for, instead of the value
of the proceeds of a fair aale when the
goods were or ought to have been sold.
3 The bill cannot be amended before
tie master. Judgment reversed.
Habersham vs. The State. Esoape,
from Chatham.
Bleckley, J.
1. It is error to charge the jury that
they are in no sense judges of the law,
2. On the trial of a prosecution for aid
ing to escape from custody, the fact of
custody is for the jury, and so, also, is
the legality of that particular custody.
The Court should acquaint the jury' with
the needful rules of law to enable them
to distinguish legal from illegal custody,
and let them make the application there
of to the facts in evidence. 3. It is er
ror to charge that the custody was legal
if the State’s evidence is true, or that if
the jury believe the e'videuce for the
State they must find a verdict of guilty.
4. Custody by a private person after a
legal arrest without warrant, becomes il
legal if protracted for an unreasonable
time, and whether the time was reason
able or unreasonable is a question for
the jury, under proper instructions from
tho Court as to the promptness which
the law exacts in conveying the party
arrested before a magistrate. 5. Cruel
treatment of his prisoner by the captor
may be considered (where there is evi
dence ou the point) to illustrate the
purpose of the arrest and the bona fides
of the custody. 6. Custody voluntarily
assumed by a private person without
warrant, may be lawfully terminated
with his consent, by turning the prisoner
lose, especially if the latter be not guilty.
7. To make the violation of a lawful
custody criminal, its legal character need
not be positively kuown to the offender,
if he has good reasou to believe it, or is
grossly negligent in the use of means to
inform himself. 8. Actual guilt of the
persou held in custody for felony by
a private person without warrant, is
not iudispensible to the legality of the
custody, aud therefore neither liis con
viction nor his prosecution is a pre-re
quisite .to convicting another for assist
ing him to escape. The question of his
guilt is not otherwise involved than as
throwing light upon the motive aud law
fulness of his arrest, but for that pur
pose it is open to the consideration of
tho jury, Judgment reversed.
Wayne, Admr., et. al, vs. Tho City of
Savannah. Injunction, from Chatham.
Bleckley, J.
1. As matter of public policy, found
ed on the exigencies of government, mu
nicipal corporations must have present
command of their current revenues.
Property-holders who have paid, wheth
er voluntarily or by coercion, illegal tax
es in former years, have no right to set
off (by injunction or otherwise) snob
payments against executions issued for
the taxes of later years. 2. The remedy
of injunction to restrain the collection of
munioipal taxes upon real estate, regu
larly assessed in pursuance of general or
dinances to raise revenue for the current
wants of the city, which ordinances are
attacked for the sole reason that they do
not burden all taxable property alike, is
subject to the sound discretion of the
Chancellor; and where he has exercised
his discretion by refusing the injunction,
and the grounds of his judgment have a
direct bearing upon nearly the entire
mass of property over which the taxing
power is exercised, aud involve, there
fore, the whole system of munioipal
finance, this Court will not, for any rea
son, disturb so wise and conservative an
administration of the injunction law.
Judgment affirmed.
Wright vs. Shorter. Assumpsit, from
Floyd.
Bleckley, J.
1. Where an imperfect plea stricken
by tbe Court below, ou motion or gen
eral demurrer, indicates strongly that
there is iu the facts a meritorious de
fense, this Court will direct that the
plea be reinstated on terms, and that the
oppoitunity for amendment be allowed.
2. A general garantor of payment who
has received value in negotiating a
note, is not discharged by judgment in
favor of the maker in a suit upon the
note, unless the judgment was the result
of some fault or default in the plaintiff;
and if the latter has pursued the oase to
an adverse termination in the highest
Court of the State, ho is not bound to
carry it up to the Supreme Court of the
United States. 3. Bridge and ferry fran
chises are realty, and when purporting
on the face of the grant to. be exclusive,
and they are conveyed by deed in fee
simple, with warranty of title against
the vendor and his heirs ouly, the pur
chaser, iu the absence of any fraud in
the vendor, takes the risk of the grant’s
proviug exclusive or not exclusive iu its
legal operation. 4 If the grant purport
to create franchises which are exclusive
for three miles up and down certain
rivers, and the vendor represents them
to be exclusive, and tho price is fixed ac
cordingly, both parties believing them
to be exclusive, but being mistaken on
account of a defect of legal power in the
Inferior Court to pass exclusive fran
chises, thepurchaser, when sued by the
vendor for a balance of the price or upon
a contract of guuranty involving such
balance, cannot set up the non-exclusive
ness of the grant as partial failure of
consideration, nor as a ground of recoup
ment, although the value of the grant as
it really is be much less than the amount
already paid on the prioe, and far less
than the value would have been, bad the
grant been exclusive, as it was supposed
to be, there being no express warranty
by the vendor that it was exclusive, and
no fraud by which the vendor was de
ceived or misled. 5. A A the grant in fact
existed, although not exclusive, there
was a subject matter for the contract to
operate upon. The circumstance tliat
the grant is less extensive. or less valua
ble than it was believed to be, doys not
negative the existence of the subjeot
matter itself, but only of its supposed
attributes. Judgment reversed on terms.
The Tyler Cotton Press Company vs.
Emanuel Chevalier, Certiorari to
the City Court of Savannah, from
Chatham.
Jackson, J.
I, A suit for damages for wrongfully
turning off an employee, where the
damage laid' is within the jurisdiction
of the Court, will be maintained, though
the damage shown by the plaintiff ex
oeeds that amount, if the verdict be
only for the sum within the jurisdiction.
2. When one count is for damages for
the wrongful turning off of the em
ployee and another ou contract, and the
proof shows the second count without
the jurisdiction, the jurisdiction will be
maintained on tho first count, and the
second will bo considered merely aux
iliary.—6 Vermont, 91. 3. The return
of the City Court of Savannah to .a writ
of certiorari founded upon written ex
ceptions made therein is not subject to ex
ception aud traverse as returns o( the
Justices’ Courts are. The party except
ing must put. his exception in writing,
and must also furnish the Court a
sufficient statement of facts proven to
elucidate the exceptions; and the
exceptions and facts, uu ser the super
vision and approval of the City Court,
make up the record and return, and on
such record and retnrn the case will be
reviewed by the Supreme Court. 4. The
presumption is that the City Court will
supervise and approve such a record of
exceptions and facts as well as will fairly
present the case for review; if the Court
should refuse or neglect to do so to the
damage of any snitor or party, man
damus will furnish an adequate remedy.
5. An executed agreement to receive less
than the amount of the debt due by ac
tual payment of the money agreed upon,
can be pleaded as an accord and satis
faction, and will estop the party so re
ceiving the money from asserting his
claim to the balance—Code, 2881. 6.
Where the entire claim of the party su
ing for damages is in dispute, and
therefore doubtful, the receipt of a part,
on condition that tbe balance of the
claim be abandoned, ifc of advantage to
the plaintiff, and will be good as accord
and satisfaction of the whole claim—
Code, § 2880. Judgment reversed.
John Lee vs. The State. Burglary, from
Chatham.
Jackson, J.
An indictment for burglary which al
leged that the defendant “did break and
enter the Savannah Theatre, the proper
ty of one Thomas Arkwright, and his
place e,f business, with inteut to commit
a larceny,” without any allegation that
valuable goods, wares, produce, or any
other article of value was contained or
stored therein, or stolen therefrom, is
bad, and judgment thereon should be
arrested. Judgment reversed.
Mclntyre vs. Tyson. Garnishment, from
City Court of Savannah.
Jackson, J,
1. This Court will not control the dis
cretion of the presiding Judge in grant
ing anew triafon the ground that the
verdict is against the weight of the evi
dence, unless it appears clearly from the
record that the verdict is right, and that
th'e discretion of the Judge has been
abased. Ordinarily, no great harm can
be done by trying the case over again.
2. The motion for anew trial should be
made at the term when the verdict is
rendered, except in extraordinary cases,
bat the rube nisi need not then be grant
ed; if granted at a subsequent term, ot
about to be granted, and service of it bo
waived, it is enough to hold the case in
Court, and the motion should not be
dismissed, it having been regularly con
tinued from time to time. Judgment
affirmed.
THE LOUISIANA TROUBLES.
The Aflatr Greatly Exaggerated. ,
New Obleans, May lfiL—Lateit dis
patches report everything quiet at Bayou
Sara, Laurel Hill and Woodville. The
reports of troubles have been gre&tbr
exaggerated. One white man and two
negroes have been lulled and several
negroes wounded. These figures cover
casualties so far as known. The mili
tary declined to interfere.
A Brownville special says the Kevciiu
tionists commenced moving out of Mata
moras last night. It is thought Diaz
will attack Escobedo who is thiS’ side of
Reynosa, advancing on Matomoras,