qflironttie anD gntimtl,
\&ilBtl Democratic Ticket.
FOB PRESIDENT:
Samuel I. Tllden,
OF NEW YORK.
FOB VICE-PRESIDENT:
Thomas A.llendrieks,
OF INDIANA.
State DcMcratlc Ticket.
FOB GOVERNOR:
Alfred 11. Colquitt.
F.r Hpoalriai DUJriPlr
Un. JNO. T. HHKW.MAKK, of Rickaread.
For the leUw>
Jab. C. C. Black, Patrick Walsh, W.
Ewing J OHSson.
PRESIDENTIAL ELECTORS.
For the State at Large-
A. B. LAWTON.
JOHN W. WOFFORD.
. alternates,
L. J. OARTRELL,
H. D. D. TWIGGS.
OUtrirt Klectara.
First District-A. M. Rogers, of
Barke. Alternate, T. E. Davenport, of
District-B. E. Kennon of
Clay. Alternate, James L. Seward, of
Stor'd*District—J. M. DnPree, of Ma
con. Alternate, W. H. Harmon, of
B Foarth District— W. O. Tuggle, of
Troup. Alternate, E. M. Batt, of Ma*
"Fifth Distriot-F. D. Dismuke, of
Spalding. Alternate, W. A. Shorter, of
F sSh District-Frank Chambers, of
Wilkinson. Alternate, M. V. McKib-
IBeventh District —L. N. Trammell, of
Whitfield. Alternate, Hamilton Yancey,
° f Eighth District—D. M. Dußose, of
Wilkes. Alternate, F. E. Eve, of Co
lU Ninth District—J. N. Dorsey, of Hall.
Alternate. F. L Hsrison, of White.
WEDNESDAY AUGUST 30. IB7G.
Jhis is a great and glorious Republic,
rich enough to station two soldiers at
every bai.pt box.
A continuation of Grantism means
more Indian rings and more post-trader
ship corruptions.
Why chase the Bioux Indians any fur
ther? The proper place for the soldier
is beside the ballot box.
When is the military government go
ing to begin the issue of hard-tack and
salt pot.k to the people ?
Grant Las’ one thing to console him
iu his troubles. When he leaves the
White House all the scalawags around
him will go too.
It is not really necessary to hold a
Presidential election. Some corporal
in the regular army might run the coun
try as well as not.
The Centennial will impoverish the
South to the extent of a few million dol
lars. Georgia is contributing largely to
the Centennial fund.
There ia one good thing about Mor
ton. He always sticks his head out of a
street oar to spit, while Chandler
squirts all over the floor.
The Republican party baa resolved
upon a military policy for the South.
This is put forth as their only hope. It
will prove their certain overthrow.
Gen. Garfield says that if Tildes'
oan carry New York and Indiana he will
be elected. Gen. Kilpatrick concedes
Indiana to Tilden, and the New York
Tribune and almost every body else con
cede New York.
Col. Ingebsoll, who nominated
Blaine at Cincinnati, has gone to stump
Maine. He is the most brilliant of
Radical orators, and the ablest infidel
in the United States. He entirely dis
believes in the existence of God, and
showed the courage of his opinions by
officiating recently at the faneral of his
father-in-law, at which he would permit
no religious ceremony.
The Centennial is growing more and
more attractive as the Fall season ap
proaches and the increase of visitors is
noticeable from day to day. During the
coming mouth the great show will be at
its best, and the many who can go will
not fail to visit it. The Summer has
been an unfortunate one so far as it was
concerned, for the great heat has been
curiosity enough of itself to keep peo
ple at home and to make them indiffer
ent to all else.
The Cleveland Plaindealer says :
“Thirty millions of dollars has been
saved by the present Cong.ess, which
has just adjourned. The Radioals were
right after all in oalling this the ‘Con
federate Congress.’ It was a confedera
tion of Democrats to put a stop to the
useless and extravagant waste of publio
moneys. At least twenty millions more
would have been saved had it not been
for the obstinacy of a Republican Sen
ate, which would not agree to the cut
ting down of unnecessary expenses, for
fear that some of its friends would be
thrown out of office.”
Mb. Blaine is put ant™
ayt* -ues. tie is now entirely able to
defend the Republican party, but the
*a **;
and marketed rulings will bring on an
attack of sunstroke, though the ther
mometer should be ten degrees below
aero. So long as it is a matter of pitch
ing into those wretched Democrats, Mr.
Blaine will be able to bare his smitten
head to even Louisiana heat, but he
would not be safe in an ice house from
Mm remotest mention of Little Rock,
Mulligan and Tom Soott. Robert
MacaiSE was a sharp one, but there is
no doubt thst Mr. Blaine is a sharper.
The State tax of New York was in
1874, under a Republican Governor,
*15,727,482 08. In 1876, the seoond
year of Gov Tildbn’s administration, it
is $8,188,572 85. Here is a saving of
$7,538,909 23, or very nearly half the
whole amount For fern years past the
aggregate taxation for canals has been
$22,796,156 46, which is an average of
$2,279,015 15 per year. In 1874, toe ac
tual tax for this purpose was $2,537,-
819 04. This year there is no such tax
existing. Gov. Tilden has demonstra
ted that none was needed, and he ac
cordingly vetoed the appropriation, and
the canals are kept in really better or
■diw than when the people were thus
heavily taxed for their snpport. The
man wtwj has thus lightened the taxa
tion of his State will do the same thing
for the nation when he is President.
In his letter of acceptance, Governor
Tilde* proposes to psy off tfie whole of
oar debt byji saving of one per pent.
ot the interest which is sow paid. That,
would save seventeen uiUioU • year,
and “ thst saving regularly invented at
f oar and a half per cent, would, in leas j
than thirty-eight years, extinguish the
principal.” This means amply that if
4fce Government continues to collect:
frsca the people the same amount as;
now for the payment of this interest,
and were to re-invest the loan at a sav
ing of one per cent, interest, we should
iin lees than thirty-eight years have suf
tficient in hand to py off the whole
.debt and relist e ourasires from any fur
ther taxation oa its aocouot. We should
not have to pay say more theu now as
taxes, and although we are now only
providing enough for ifcs interest, un
der Governor Tilden’s plea, w* should
not only be paying the interest, bat lay
ing by sufficient to pay the principal in
less tbaa thirty-eight years.
DEATH (IF AN OLD CITIZEN
Mrs. RsBECCaCaMFIALL.. aliOce mortal
remains were laid in their last earthly
resting place on Saturday last, was the
oldest native of Augusta, having been
born the 9th of November, 1786. She was
a sister of the late Judge Losgstbekt,
an aunt of General Lokgstkeet, and
the last remaining child of Wm. Long
street, whom few, if any, now 'living,
remember—a man of remarkable me
chanical talent, who ran a miniature
steamboat of his own construction np
and down the Bavannah river, opposite
onr city, fen years before Fulton's in
vention was heard of.
Age and infirmity have withdrawn
Mrs. Cahfikld, for ma years, trow
general society; and constituted as oar
population now is, it is only the older
portion of it that knew her as she was—
a woman of strong mind and genial
temper, the life of every social circle in
which she mingled. Her long career of
ninety years was one of great vicissi
tude; but the trials, that would have
crushed a weaker spirit, served only to
illustrate her powers of endurance. She
reared a large family, the survivors of
which are left to mourn the loss of a
most faithful, loving mother, who has
gone from a protracted course of trial
in this world to her eternal rest.
Light lie the earth that covers her
ashes.
THE EIGHTEENTH SENATORIAL DIS
TRICT.
Hon. John T. Shewmake was nomi
nated for State Senator from the Eigh
teenth District by the Democratic Con
vention which met at Louisville on the
23d. This nomination will meet with
the cordial approval of onr people. Mr.
Shewmake is a gentleman of ability.
He is a prominent member of the Au
gusta bar, and enjoys in an eminent de
gree the confidence and respect of the
people. His strict integrity, parity of
character, honesty of purpose, conserva
tive views, intelligence, and strong com
mon sense, render him one of the most
available and judicious men in the Dis
trict to represent onr people in the Sen
ate. Mr. Shewmake is not without ex
perience in public life. During the war
he represented this District in Congress,
and by his oourse in the Confederate
Congress he proved himself equal to the
requirements of the times. The selec
tion of men of character and ability by
the pejple to represent them in the Leg
islature is auspicious for the future of
Georgia. No better selection than that
of Mr. Shewmakb could have been made
in the District, and the honor conferred
upon him is the more to be appreciated
because it came unasked and unsought.
While averse to allowing his name to go
before tho Convention, now that he has
been nominated without any desire on
his own part, we feel assured that Mr.
Shewmake will gracefully accept the
compliment so handsomely and worthily
bestowed. The important interests of
the District will be safe in his hands.
In this connection it is proper that we
should give expression to our views as to
the services and worth of the retiring
Senator from this District. Hon. James
G. Cain, of Jefferson, has represented
our people for four years in the Senate.
He was not in nomination before the
Convention for re-election. Having
been familiar witb the record of Col.
o<in during his term in the Senate we
are prepared to speak by authority of
his services. He is a gentleman of
character and ability. Asa legislator
he was diligent, and faithfdl to the in
terests confided to his charge. His
views were ever broad and comprehen
sive. Confined by no local lines, feel
ing or prejudice, he addressed bip?self
intelligently and forcibly to protecting
and developing tho best interests of the
State. On more than one occasion he
stood np manfully for the interests of
this city. He was a vigilant auu
ful friend of the manufacturing inter
ests of Georgia, believing iu the wise
policy that the interest of the agrieuitu
ral community will be best subserved
when our unrivalled water power is used
in the manufacture pf cotton at home.
He was constant iu bis efforts to proteot
the educational interests of tfaefjtate, to
build np that first of all interests—agri
culture—to develop our manufacturing
and mineral resources. He was always
at his post and discharged his whole
duty with fidelity, zeal and intelligence.
The people of Richmond appreeicto his
conduct and thank him for his services
as their representative.
THE WORK OF INTIMIDATION.
President Grant’s order directing the
General of the Army to hold all troops
not engaged in actual hostilities against
the Bavages of the West, in a state of
readiness to intimidate the people of the
South, has received merited condemna
tion from the press of the country. Here
and there we find a Radical paper which
approves of the order. The Washing
ton orgap of the President, the National
Republican, published at Washington,
has this to say on the subject :
There are bat thirty-two counties in South
Carolina. If Republicans will attempt to yote
at but three precincts in each county it will en
able the Government to place a squad of twen
ty soldiers at each of these, who can easily see
to it that American citiaeae Are not shot down
in oold blood simply for voting fee the candi
date* fit their choice Two thousand eoiaiprs
in the Palmetto State will be quite euongh to
teach Wane Hampton and his followers that
this is indeed a free tiepufeljc.
In accordance with this plan of the
President for intimidating the white
people of certain Southern States that
are considered doubtful, two companies
of United States troops from Atlanta
have been sent to Edgefield, Soutfe Caro
lina, for the purpose of taking part in
the election in that county. We do not
object, to irnnpa Iwng ©tationod in the
South whenever it may kecopxe necessa
ry to mead their presence', but it ;s an in
famous outrage upon the Government
and upon the people of the whole coun
try to attempt to use the army for
political purposes. The purpose of the
President is to intimidate the people,
bnt we are hopeful that this result will
not be attained. On several occasions
within the last ten years troops were
stationed in Georgia for like*purposes.
The result in this State shows that the
soldiers did not do the cause of Democ
racy much harm, it is the outrage
npoe the constitutional rights of our
people and the assumption of arbitrary
power by the President that exci es
alarm aud arouses indignation among
good men everywhere. The people have
reason to be alarmed for the safety of
republican govetpment when the Presi
dent uses the army to uphold the waning
fortunes of his party.
The President’s order must be obeydj.
Congress having adjourned, there is no
power to cayoke the order. Here, in
Georgia, the State being so overwhelm
ingly Democratic, it is not likely that
t<~oops will be used. Rut they will be
sent to North sod South Carolina, Flori
da, Mississippi sad Louisiana, which
States the Radicals hope to carry by the
aid of the bayonet. The people of South
Carolina will act with forbearance and
wisdom. The soldiers will be present,
not of their own volition, but by order
of President Grant. Kindness, firm
ness, patience and prudence must be the
wgtchwords. Got people know how to
treat .Wave men whd are ordered to per
form a disagreeable duty. She result
may prove different from what oar Sim
mies anticipate. Those wfcp were sent
to u4 intimidate may comfort
encourage when the contest is at
hand.
"Baroax is necessary in the Civil Ser
vice,” says Governor TniDKS, in his fa
mous letter of acceptance, and all the
people ratify the sentiment. Tilden
has, as Governor of New York, enabled
us to see what he means by Reform, and
the means which he will adopt to encom
pass it No thieves and public plun
derers will be permitted to hold office
with him in the Executive chair, and
every one interested in the future of the
country will vote for Tilden and Hen
dbices at the coming election.
republican predictions.
A correspondent of the New York Sun
writing from Saratoga oil the day be
fore the meeting of the Republican Con
vention, says:
Re, nblic • ns who tugbt to know the opin oM
of tbeir p&r v seem to feel confiden. that they
cn ctrry th a 8 ate, and oan e ect Bates.
gome of those who talk thus r • tuer ly b a,--
sine: otbe a are sne r . The elans, in
r-gard to thi - t tate, base their rpini-n on the
as er .oj- that * hey have uniti and th a ia-tv and
brmgotbak th gr- at bodyo toe Re- u'li
caos who sur-por ed Greeley fo ur years ago ;
th t they will get many Democrats ia .he e*cal
counties, and some ha and money Democrat, on
the remmpti'-n repeal by the Hons?. As to
die nation at large, thy seem to le’.yupon
the financial is ue it the West, upon the snp
oort of Liberals like Bchurz and Fes ton. and
more narticu’sr y upon he waving of the tat
tered flape of he bl -ody sh rt. They also eay
that their canvass wi 1 be more active and
agt restive than that of the Democrats. Th y
claim that they mill certainly carry Ohio, and
probably Indiana, in October.
It is always wise never to underes
timate the strength of an opponent, but
we are of opinion that the Republicans
who count upon New York for Hayes
and Wheeler and upon Ohio and In
diana for the Republican State tickets
will be badly deceived. From the lights
before ns, New York is certain for Til
den. Indiana will certainly go Demo
cratic in October, and we see no good
reason why the Democrats of Ohio, now
that all their differences have become
reconciled, should not carry the State
election.
THE CROPS.
The latest report of the Government
Department of Agriculture shows an in
crease in the entire corn area of the
country of five per cent, over last year.
The crop is in general in a thrifty grow
ing state. Insect injuries have been
limited to depredations by worms, and
are not serious. The entire crop aver
ages ninety-seven. Winter wheat im
proved in condition from eighty-seven
per cent, of an average in* June to nine
ty-seven per cent, in July. West Vir
ginia shows the highest average, 115.
Spring wheat shows about eighty-five
per cent, of an average condition. In
New York it is a full average. The re
ports concerning Winter rye are favora
ble, and Spring rye is about an average
on the whole. The oat crop has improv
ed in most of the States. In the Middle
States it has risen above the average,
except in Delaware. Public opinion in
the South is growing decidedly in favor
of Winter crops of oats. The crop of
the whole country is about average.
Spring barley is above the average in
New York and other States; instill other
States it is below. The hay crop is am
ple, being above average in most of the
States. The acreage planted in potatoes
in 1876 is about eight per cent, less than
in 1875; New York shows a reduction in
acreage of fifteen per cent.; in New Eng
land and the Middle States the crop in
condition ia below the average, but in
all other sections it is a full average, or
slightly above. The acreage of beans is
about the same as last year, and an
average crop is indicated. The cotton
crop averages 97.6. Less aoreage has
been planted to tobacco, and the condi
tion of the crop in the States reporting
is about three per cent, below average.
The New England and Middle States
are full average or above. The fruit
crop has not improved in condition,
though localities boast of an unusual
supply, and a good prospect of fruit not
yet ripened. The general condition of
the apple crop is still above average.
Erie, New York, reports the deadening
of the ends of the small limbs to-the ex
tent of six to twelve inches, through
some agency not stated. The condition
of the crop in the Middle States is above
average. Only three States will have
average crops pf peaches. Avery se
rious decline has occurred iu some of
a., e „oat poaoli r e |ons, Delaware prom
ising not much over one-fourth of a
crop.
7fIE NAKED TRUTH.
The St, Louis Repub limn says: " Two
of the most celebrated cavalry leaders
in the Southern army were Gen. Wade
Hampton and Gen. John Mosby. The
.one was a bigger man and a better sol
dier the other, but that does not
affect the poiui ths both were notori
ous and undoubted .rebel#. To-day
Mosby is practicing law iu Washington
city and directing Federal appointments
iu Virginia. His record of a rebel seems
rather to ba 9 helped than hindered his
progress in the fayop of the administra
tion at Washington. But Wajoe
ton has been a quiet citizen, has es
chewed politics, and tried his best to
fullfil the duty of an honest, law-abiding
and loyal Fftigej? in jjis native State,
South Carolina, The oifcfi? 4? fc? was
nominated by the unanimous voice ,of
the Democratic Convention of the State
U 8 candidate for Governor, and that has
beep the signal for the whole Republican
press of (the North to villify and de
nounee him, for bo stber reason than
that he was a distinguished ojgcar in the
Confederate service. That is an unpar
donable sin in his case, although the
New York Tribune, a warm Hayes and
Wheeleu paper, says that his ‘honesty
and honor are kuowu Si #U men.’ There
is but one way for him to wip the
sin of having been a rebel, and that is
for Jjim to follow Mosby’s example and
tack pn to Grant’s coat tails
and support the AJMSipiftration in all
its iniquities. A full pardon tyfijld at
Opce be granted for all his sins, and he
conld eofijjpand any favor if he would
follow this <toUf££, But it may turn
nnt iu a few months that an opening to
pardon will be made in another way,
and after next November it may not be
necessary for ex-Confederates, whose
‘honesty and hotter app known of all
men,’ to vote the Republican ticket in
order to secure the right to hold office
pnee more.” .
We take pletvauxjc ip. calling attention
to the law card of Messrs. IJlaheb &
PoEfEB, pf Aikou, S. C. These gentle
men are experienced and prominent
members of {the bar, an<jt any business
entrusted to them wto receive prompt
attention. Judge Maher has retired,
from the bench ia our sister State, with:
the grateful thanks of aa appreciative
people. The scales of justice were
evenly balauoed in his hands, and the
majesty of the law was always vindi
cated. Under the corrupt administra
tion of the Radical ppriy ip South Caro
lina, Judge Markr kept the sacred er
nnuti of the bench pure and unsullied.
Mb. Guitavs dm Molina? Sf, editor
in-Chief of the Paris Joumaldss Rebats,
has been on a visit to our city for a few
days. He has been the guest of Mr. P.
J. Bibckmans. Mousaibi spent
some time at the Centennial. His ob
ject in visiting the Sooth is to familiar
ize himself with its resources, and to
gain from personal observation accurate
information in reference to our leidiog
agricultural products. He has visited
the rice fields on our coast and the cot
ton plantations in the interior of onr
State. He goes fiance to New Orleans
to investigate the culture of sugar in
Louisiana. We wish him a pleasant
journey throughout the South, and a
safe return to Fran an.
The people of Jlew York are in a great
state of trepidation, fearing that Genei>
al Gbant will eud his troops into the
State. A terrible outrage occurred ia
Brooklyn on Saturday night, and it is
theught that vjne mim will probably die
from the injuries fie received. We
think, however, that theeitisecs of the
Empire State are allowing themselves to
be alsnped, lor though Ala
bama has lully democterated the falla
cy that the South cannot manage its
own affairs, and tfie President would no l
doubt gladly employ £4 id?® f“T“? in tb ®
North, yet until a negro is tfie yietim of;
a disturbance, the New Yorkers will he!
allowed to roll up their majority for:
Tilden and Hendricks without military
interference.
THE CANVASS IN SOUTH CAROLINA.
ißiwtuat Action t>, the Kxeeative Commit
tee—Airaaßia* the Plus of Battle—First
Appointments for Hamputn and the State
and Kleetoml Nominees -Free, Fall aad
Fair Diseassiea Wanted.
(Special to the Journal of Commerce. [
Columbia, August 23.—The followisg
order, announcing the earliest appoint
ments in the canvass, was issued by the
State Executive Committee to-day :
Rooms of the Ex’.vk Committee op i
the Democratic Pasty, -
Columbia, S. 0., August 23. \
The following list of appointments
are made tor General Wade Hampton,
apd the nominees of the State and elec
toral ticket: Anderson, September 2d;
Wal balls, September 4th; Pickens, Sep
tember sth; Greenville, September 7th;
Spartanburg, September 9th; Union,
September 11th; Laurens, September,
13th; Newberry, September 14th; Abbe
ville, September 16th. The county
chairmen, respectively, are requested to
make tbe necessary arrangements in ac
cordance with the above programme.
The appointments for tbe remaining
counties will be made in due time.
[Signed] A. O. Haskell, Chairman.
The following circular in regard to
joint discussions at Republican and
Democratic meetings is also issued:
Columbia, August 23.—The Executive
Committee, in view of the requests made
of the Republican party at a recent
meeting for the division of time in dis
cussing the questions at issue between
the parties, announce that we deem it
due to the voters to have a full, fair and
free discussion on all such occasions,
and express our willingness to extend
the same right to Republican speakers
whenever they desire, and a respectful
hearing at onr meetings. And to this
end we urge the Democratic party to
observe every deoorum and propriety in
attending the meetings of the opposite
party. The object of the Democratic
party is peaceful and untrammeled dis
cussion, that the people may become en
lightened on the issues of the day.
[Signed] A. C. Haskell, -
Chairman.
INDIANA LOST TO HATES.
The Resalt of Kilpatrick’s Canvass of Six
Counties—The Bloody Shirt, With money
the Only Hope of Savins the State—The
Information that Gen, Kilpatrick Sent to
Governor Hayes.
Indianapolis, August 21.—The Senti
nel of to-morrow will publish the follow
ing letter, written to Governor Hayes by
General Kilpatrick, and discovered by
accident. It was evidently a copy of
the letter sent and was meant to be pre
served, but was dropped. The hand
writing is an exact fao simile of General
Kilpatrick’s signature on the hotel regis
ter. The majority of counties visited
by General Kilpatrick have previously
been strongly Republican and have less
independent strength than other coun
ties in the State:
Grand Hotel, Indianapolis, {
August 21, 1876. {
Dear Sir —l have just finished the
tour of six counties in Indiana, and feel
ing that any reliable information from
this State will interest you, I write. In
the first place the canvass is well con
ducted, the people are enthusiastic and
determined and the old war spirit
thoroughly aroused, and if it were not
for one thing we could rest certain of
victory in October. There is an Inde
pendent party in this State, confined, it
is true, to a few counties, but formid
able, and it will defeat General Harri
son. There is but one way to overcome
this movement. The leaders of the In
dependents are poor, needy, and in
debt. They must be lectured to, and
documents must be placed in their
hands, that they may be convinced of
their folly. A bloody shirt campaign,
with money, and Indiana is safe.- A
financial campaign and no money, and
we are beaten. The National Commit
tee has done nothing for Indiana. Alone
they are fighting their battle, and brave
ly, but unless the National Committee
wakes up and does its duty to you, to
the party and the country, defeat is cer
tain in October. I never in mv life felt
so oertain I was doing my duty as in
this contest, and my desire for success,
my dear sir, is my only excuse for writ
ing to you. Your friend,
J. Kilpatrick.
To R. B. Hayes, Governor, &o.
TERRIBLE SUICIDE.
An Old Citizen of Jackson County Hangs
Himself—No Cause Known for tbe Act.
[.Special to the Constitution .]
Dalton, August 23.—A gentleman
who reached Dalton to-day from below
brought news of atj ooourrenoe wbioh
has filled our community with pain and
surprise. The gentle nan oame here for
the purpose t)f telegraphing the distress
ing tidings to the relatives of the de
ceased.
He reports that Mr. Stephen Cowan,
an old citizen of Jackson county, was
found
Suspended Jjy a Cord from His Neck
At ten o’clock this morning, Tfae other
end of the cord was attached to a peach
tree just in the rear of his garden. When
the unhappy man was found life was ex
tinct, although the body was not cold.
Every effort was made to resuscitate
him, pqt jt g’fsin vain, and hi-t agonized
family were compelled f.° B ive U P tbe
task. Mr. Cos wen was a v rj O<J .oitigen
of Jackson county, ani his residence
was situated about one mile from Gilea
ville.
He Was Seventy Years of Age,
And had bees njarried twice. He leaves
a large family to sibuhl big loss, includ
ing a widow with five children and five
step-children. Mr. Cowan was a mem
ber of the Baptist Church, and consid
ered all who knew him a Christian
gen,tlem&R.
Jiff Cause Fojr fby sn#if -ftf
Is known either to b 4 friends <?r to bis
family.
His home and family circle was qw of
the most pleasant in the community, and
famished him a delightful retreat from
the toils and burdens of the day. Under
his b<J ß J?itable roof his friends were al
ways wi?}ccu£e, cad bis loss will be deep
ly deplored. Lei m n.of judge harshly
of this seeming rash act, but trust .that
himself and his sorrow stricken family
may be eventually saved through the
atopement of Him who was made to snf
tef lqi fhfi einp of the whole world. To
tba fepr,eßye.| famjly we extend our
heartfelt sympathy. 1 " “J?-
THE JOURNALIST IN CONGRESS,
j Tift Pi"'le of Kentucky at Work in Hi* Seat.
[From the Ttyfcago Times.]
Washington, August 14.—A yi#tor
upon the House floor to-day sought to
find Uncle Jimmy Williams’ seat. He
.‘‘Sifiujy me the man who wears
leather seats who won’t
spend public money for and
who is a reformer.” No one paid any
attention to him, and he had to study a
long time on his twenty-five cent dia
gram Before fie could find the seat.
When he did sots w&s very much sur
prised. He saw there an aquiline fea
tured, blonde-headed, military-mo ns - >
tached, and goateed-figure bent over a
-'beet of paper within an inch of its sur
face, wririDg away like a madman,
crossing the broad page five times to
the second, and every seconds
; pausing to make a vicious jab atfiis ink
: stand at his right. The visitor exclaim
; ed at once that fibis did not look like his
full idea of Jimmy. He had no idea
he coaid gather himself in ihat fashion
at the end of a pen, and be so expressed
himself, until a Kentucky member en
lightened him by saying: “You are mis
taken. Blue Jeans is gone home. That
man is Watterson, of the Courier-Jour
nal, the pride of Kentucky.” Thus was
Watterson introduced to Congressional
life by bmse given, after being sworn,
the seat made smooth agd sacred by the
leathern understandings of Uncle
Jimmy.
It yas an usual sight to see this
blonde bundle of nervous energy racing
through newspapers and heaping np
manuscript of private correspondence
with a rush and a go unusual even in
thorough paced journalists. The old
time occupant, Uncle Jimmy, need to
spend his leisure hours in contemplating
his oowskin boots, gently reposing upon
the desk before him.
The neighbors about this seat welcome
Watterson right cordially. When he
left his deek he always had a crowd of
Kentucky admirers at his heels, begging
him, with tears in their eyes, to imbibe
a little corn juice with them for sweet
Kentucky’s sake. If he had only ac
cepted these kindly offers he would have
been drunk at 2, p. m., with a fit of tre
mens before dinner; but he gently es
caped from his friends as he best could,
and gave himself np to the delight of
being one of those fellows that he has
so often castigated with his brilliant
pen. This was a point often made by
members around him. ‘‘Now that yon
are one of us, you will have to let up,
you know,” was often remarked to him
by men who regarded this sally as the
most brilliant imaginable wit.
The Kansas Democracy.
Topeka, August 24.—The Democratic
Convention taring effected an agreement
with the Green l *** J*y on the basis
of the withdrawal of a part of tha latter s
ticket, nominated John Martin, of To-,
Deka. for Governor; Mr. Beals, for
Lieutenant-Governor; M. C. South,
Treasurer; Sbfcldofl, Auditor and Bar
rett, Superintendent Schools. With ;
the exception of Martin, the above are
the candidates bn the Greenback ticket.
The balance of the ticket will be com
posed of Democrats.
SEW YORK LETTER.
THE POLITICAL WTUATION.
Tildes Stock Risiog—Ex-Speaker Kerr —The
Kacaped Fenian*.
Political Note*.
New York, August 22.—1 tis
very clear that the Republican man
ages .< o not find things working to
their satisfaction, bat it must not be
supposed that they are thinking of giv
ing up the fight. In a contest of any
Kind, nothing is more fatal than under
estimating the strength and determina
tion of your opponent. We mast not
fall into this error. We have a crafty,
strong and unscrupulous adversary, to
whom the loss of the battle is the loss of
everything that is to them worth living
for. They will use every conceivable
means, honest or dishonest, to defeat us
in this straggle; and we must thorough
ly prepare our elves for the attack which
we intend to make upon their strong
holds. i
Bat while the Democratic party has
hard werk before it, it certainly has
every encouragement in pursuing it.—
Men of all classes, without any respect
whatever to party ties and affiliations,
are giving it a hearty support in its war
upon official perfidy and incapacity.
I he people’s eyes are beiDg opened wide,
and nobody is doing more towards en
abling them to see than the Republican
leaders themselves. The recent military
order has already done an immense
amount of harm to those who caused its
promulgation. Self-respecting men, who
have been among the supporters of those
in power, find in this movement more
than they can stand, and are fast leaving
the ranks of the self-condemned party.
Both in the North and the South, in
the East and the West, are the people
showing signs of the feelings with which
they regard the outgrowth of Grant’s
administration. The work of Congress
has enabled them to discriminate tho
roughly between the two parties. They
have seen the Administration endeavor
ing to increase the expenditures, even
though it had been clearly demonstrated
that they were already receiving more
money than was necessary for their pur
poses; and they have seen a Democratic
House resisting this increase, and ac
tually, against all opposition, compel
ling a reduction. They have been com
pelled to witness the Executive using all
its power and influence to keep in its
service men who, by {the vigilance of the
Democratic House, have been detected
in criminal perversion of their offices.
The people of the North, too, are be
ginning to give sefions thought to the
condition of their Southern brethren.
They have been so persistently told that
the entire South n&s in a state of tur
moil, and that noticing but the military
power was sufficient for the enforcement
of law and order aqtong the inhabitants;
that they had ooms into the habit of re
garding this as a true tale. Their eyes
have, however, laUly been opened to the
true facts of the case. They now know
that these represeitations are nothing
but malicious falsehoods, dissemina
ted for base and unholy purposes ;
that where th people of the
South are permitted to pursue their
way unmolested by the rapacious agents
of the Government, peace, order and
harmony prevail; end that if the mailed
hand be removed from its throat, this
section of their qountry will breathe
freely and becoms again one of the
prinoipal promoters of the nation’s
wealth and prosjerity. They clearly
perceive, in short, that the method by
which the Government has undertaken
to conduct its ttansactions with the
South, is paralysitg the industries" of
the fairest portion* of the land, and is
establishing a species of military dicta
tion which will, if not speedily cheeked,
endanger the liberties of the whole peo
ple.
Therefore have they resolved that an
entire change shill take place in the Ad
ministration of their affairs; that the
party which in Congress has been so
mindful of tbeir interests shall have an
opportunity of proceeding further with
their good wort; and that he who has so
benefioently administered the Govern
ment of New York, shall lead them to
their further progress. Everything is
enconraging, and there is every prospect
that Samuel J. Tilden will have the op
portunity of proving himself one of the
greatest and best of our Presidents; hut
we must not underestimate the strength
.of our opponents, nor abate one jot of
our zeal and energy till the end be ac
complished.
The Death of Speaker Kerr*
We received on Saturday evening the
melancholy intelligence that our late
revered Speaker had breathed his last.
We have thus sustained a loss which we
can very ill afford, at this important
juncture of our national affairs. Though
we had for some time been aware that
his death might be expected at any mo
ment, yet eould not help indulging in
the hope thit our friend might recover,
and the news of hie death came—as in
deed such \idings always come—sud
denly, and, is it were, unexpectedly,
upon us. Mr, Kerr was one of the most
aotive of our laborers in the cause of
rescuing our country from the evil in
fluences which had been exercised over
its destinies by the designing men who
have had in their hands the administra
tion of its Government, and although
he had for a considerable period been
removed from the field of active duty,
we cannot but deeply his loss. His
character for ionesty, intellectual abili
ty, and b'eneyjflenre, jiad endeared him to
all our hearts, and we would that his pres
ence could have theered us to the end of
our journey; but as this was not to be
the case, we are .hankfnl that we have
the influence of his useful and well
gpent life to anmate and direct us in
the work WS fo accomplish.
The Republcan Campaign Fund.
The whisky rarket is declining rapid
ly, and it is wll understood that an
election fund i to be raised from this
source, pn the that a subscription
of one' dollar into be considered equal
tp a tax of two dollars. f
(pfce fcpajjed Feplans.
The Fenians vho arrived here qb Sat
urday from ther Australian prisons are
commanding a great deal of attention.
Nearly twelve thousand people called
upon them on Sunday, and they have
not ban ©Rcji fine to themselves since.
The escape "w Ibq they effected, after
ten years' coDfiemeot, hagartjfi.qa
an enterprise, ato throw a halo of ro
mance about tfeir lives, which for the
time converts tfem into heroes. It is to
be £hai ttev will not be elevated
sohign Mtotoetas giddy, but that,
with tbeir arr'i'H received;
an addition of vine to onr population,
and one that wil aid in developing the
best resources oiour country.
AN UNHPPY COUPLE.
*<■ U **
What a Newly*Harrie9 Fair l earn
it Once. ’
[From the &. Louis Republican. J
Among tfce fire things a couple have
to do upon getting married js to accom
modate themseles each to the other's
walk, and in thismatter of accommoda
tion they don’t alvays succeed well. Mr.
and Mrs. McNatn, of the Second Ward,
have had an especially bard time in this
respect, and Brk really little better off
than they weß at the beginning of the
honeymoon. Hr. McNabb is tall and
lean, witb a stide of about a yard, and
Mrs. McNabb s short and dampy, with
a step carefuly estimated by her hus
band at abotjt .ix inches op the average;
so, when they first began walking to
gether, the effet was odd. There was
the “patter, ptter, patter,” of Mrs. Mc-
Nabb’s short paces, with the heavy
“thump” pf jer husband's footsteps
coming in ’at nteryqls, shd tlje effect
was simply ridculons. ' At first the con
versation bettwen them was this way:
“Oh, Angnsns, dear, please to take a
little shorter seps.”
"Why, Angelina, I’m walking as
nsnal; can’t yoi step a little longer, dar
ling?”
Bnt he didi’t take shorter steps nor
she longer ods, because it wao a practi
cal impossibiUy in either case, and af
ter a month <r two their conversation
ran more inteiestfngly:
“Augustus, don’t take such horrid
strides. I’m’iot a giantess.”
“No, evidettly; yopTfi less like a gi
antess than a jeetle. Do yon suppose 1
can patter along to keep time with yonr
six-inch hops! Nonsense !”
At the end of the first half year the
two never wea opt withont a quarrel.
She would brak ont every time:
“You’re a beast, Augustus I I’d
soon walk witk a big pair of shears ! No*
gentleman valid straddle so with a lady
on his arm, yen brute !”
“That’ll do, madam! It’s hard
enough to forte a man to literally carry
you, withont insulting him ! You’ll die
of inanition yt, and next time I’il mar
ry a woman with more legs and less
tongue ! This thing’s an infernal nui
sance !”
And then fbey gave np walking to
gether for a year or two. Finally, as
necessity souetimes compelled them to
go out together, it was arranged be
tween them fiat in walking he should
keep time with every third step of hers,
and the plan vorks after a fashion. As
they go along the sidewalk, the sonnd
ia “patter, fatter, thump!” “patter,
patter, thump 1” aud it’s funny. The
only difficulty about the device is that
three of her s eps fall a fraction short of
one of his, and every other minute she
has to wiggle and hop or be has to halt
and stumble to allow her to catch np.
They are an unhappy couple, and all
because the distances from their-bodies
to the ground vary so much.
A popular serial—The corn crop.
THE EIGHTEENTH DISTRICT.
PROCEEDINGS OP THE CONTEN
TION.
Nomiiatiaa of Hoa. John T. Shewmake— Hta
Acceptance.
[Reported for the Chronicle and Oentinel.]
Louisville, Ga, Angast 23, 1876.
The delegates of the Eighteenth Senato
rial District met in Convention, and was
called to order by Thomas Hardeman,
npon whose motion M J. Carswell was
called to the Chair, and William Walden
requested to act as Secretary.
After a few explanatory remarks, in
which he nrged, in view of the unsettled
condition of the country and the pro
pensity of disappointed factions to bolt
conventions, and also in view of the faot
that the Radical party avail themselves
of every benefit that may accrue from
such bolts, unanimity of action should
prevail in this Convention, the Con
vention was declared organized and
ready for business.
Upon the roll being oalled, the follow
ing representatives answered:
Qlascock : William Walden, C. H.
Kitchens.
Jefferson: W. S. Alexander, J. H. Pol
hill, Thomas Hardeman, R. W. Holmes.
Richmond: R. J. Wilson, M. J. Cars
well, Wm. D’Antignac, M. P. Carroll,
Louis A. Picquet, L. A. Dugas, Jas. P.
Verdery, S. P. Webb.
On motion of L. A. Dugas, the Chair
man of each delegation was authorized
to cast the vote of their respective coun
ties in alphabetical order.
On motion of L. A. Dogas, the Con
vention adopted the majority rule.
Nominations being next in order,
upon the call of counties Qlascock nomi
nated Seaborn Kitchens; Richmond
county presented the name of the Hon.
John T. Shewmake, after whioh ballot
ing commenced with the following re
sult: Shewmake, six votes; Kitchens, six
votes.
On motion of James P. Verdery, five
minutes were allowed between each bal
lot for consultation among the delegates.
The Convention, after balloting forty
six times, with the same result, upon
the call of the forty-seventh ballot the
Jefferson delegation cast their vote for
Hon. John T. Shewmake, which vote re
sulted as follows : John T. Shewmake,
ten; Seaborn Kitchens, two.
On motion of W. S. Alexander, a com
mittee of three was appointed to notify
Hon. John T. Shewmake of his nomina
tion—committee consisting of Messrs.
Polhill, Wilson and Verdery.
On motion of R. J. Wilson, the News
and Farmer and the Augusta papers
were requested to publish the proceed
ings of this Convention.
The Convention adjourned sine die.
M. J. Cabswei.li, Chairman.
William Walden, Secretary.
The committee addressed the follow
ing communication to Judge Shewmake:
Hon John T. Shewmake :
Dear Sib— By a resolution passed by
the Senatorial Convention, which met
yesterday in Louisville, we were ap
pointed a committee to notity you of
your nomination by that body as the
Democratic candidate for election in
this the Eightecth State Senatorial Dis
trict. Nothing, we can assure you,
could give us more pleasure than con
veying to you this information; ahd
while we know that it was done contra
ry to your expressed wish, yet we earn
estly hope that you will yield in obe
dience to the will of the people and ac
cept the nomination thus tendered you.
Respectfully and truly yours,
J. H. Polhill,
R. J. Wilson,
J. P. Verdery.
Augusta, Ga., August 24, 1876.
Judge Shewmake replied as follows :
Augusta, Ga., August, 24, 1876.
ToJ.H Polhill, R. J. Wilson and J.
P. Verdery, Committee, dsc
Gentlemen— Your letter of this date
advising me of my nomination as the
Senatorial candidate of the Democratic
party for the 18th District is before me.
I accept the nomination. Inasmuch
as it comes unsought, allow me to say,
after many years of professional inter
course with the people of this District,
if they see fit to trust gie with public
affairs, I will serve the State to the best
of my ability, and cherish such a trust
as an evidence of esteem on the part of
my fellow-citizens worthy of my long
recollection. I thank you, gentlemen,
for the manner in which you have com
municated the action of the Convention.
Very respectfully,
John T. Shewmake.
Judtfe Shewmake’s Nomination—Remarks of
M. P. Carrolly Esq.—Resolutions Adopted.
In the Eighteenth Senatorial District
Convention, last Wednesday, the Hon.
John T. Shewmake was nominated by
M. P. Carroll, Esq., who spoke as fol
lows:
Mb. President —Richmond county
presents the name of the Hon. John T.
Shewmake as her choice of men for the
position of Senator of the Eighteenth
Senatorial District of Georgia. In pre
senting him, I do not think it necessary
to say one word to this Convention in
his behalf, as he is doubtlessly well
kaown to eyery man within the reach of
my voicp.
Nominating conventions, in my opin
ion, are no places for speech making;
yet on this occasion I will risk being
considered in bad taste, and say a word
or two before taking my seat. In be
half of the Richmond county delegation,
and I believe I speak the sentiments of
every true Democrat in this Senatorial
District Jpf qs act haroionioqsly. Rich
mond county comes here with one hand
extended to Jefferson and one to Glas
cock, asking that all differences whioh
may have existed in the* past may
be buried beyond the reach of
memory—asking every member of this
Convention to enter upon the. business
before it With free from any jeal
ousies or heart burnings ahd" with eyes
fixed upon the unity of the Democratic
party in Georgia. No good General will
ever separate his forces in the front of
an eneniy and no wise commander will
ever underestimate the strength of his
foe. ‘The Democratic of this Sen
atorial cjistript hfts ptbbr battles to fight
this Centeppia} year besides for the noqi:
inee of this Convention, and its foe is
preparing for the confliot covertly but
surely. The gallant Colquitt awaits the
Gubernatorial honors of this great com
monwealth with its assistance; Congres
sional honors are to be dispensed by the
party of this Congressional district and
oiir three rohkmks maetplay a promi
nent part in bestowing them upon some
worthy and tried Demoorat—and above
all, the great fight for constitutional
liberty in America is to be fought with
Tildea and Hendricks as’its stahdard
begrprs 4siii?t'Sayj'£q(| Ijg'heelor, the
representatives of Grq.ntieg) ttje •“ar
chitects of ruin" and eorruption-
With this pregnant future before us
and the unpleasant precedent of the past
Senatorial Convention to revert to, does
if not. Mr. President and gentlemen, be
hoove gs faithful and true Democrats
id yt ia the tapsV fraMogiogs aseord,
and exclude eyery 'Wil *©©l*
ing that might arise and mar our pro
ceedings. Richmond presents a man,
her ehbiee mao, Whq yijl sc] 4 wisdom to
the deliberations of the Senate and will
guard with vigilance, and advance with
prudence, every interest of our district.
If our choice is acceptable we will re
joice with you in his nomination. If,
however, the standard should be placed
in other hands you will find Richmond
following with a bold front and standing
shoulder to shoulder with you in obe
dience to the voice of the sovereign peo
ple speaking through this Convention.
Immediately after the adjournment of
the Convention, a meeting of the dele
gates from Richmond and (jlascock was
held in the Court House, M. J. Cars
well, Esq., being elected Chairman and
James P. Verdery, Esq , Secretary.
On motion of S. F- Vjrebb, Esq., the
following resolutions were unanimously
adopted:
Resolved , That our thanks are hereby
tendered to the citizens of Jefferson
county for the hospitality shown us
during the session of the Senatorial Con
vention just ended, and that our warm
est acknowledgments are hereby special
ly made to J. C. Little, Esq., Captain
Jas. H. Polhill, Judge W. F. l)enny and
Colonel James G. Cain for the generous
entertainment we received at their
hands.
Resolved, That the Secretary be in
structed to furnish a copy of these reso
lutions to each of said gentlemen, and
that the Jefferson News and Farmer
and Augusta Constiutionalist and
Chronicle and Sentinel be requested
to publish the same.
w
South Carolina Congressional Dis
tricts.—The South Carolina Districts
are composed as below, and the voting
population, according to the State cen
sus of 1875, is appended:
1. The First Congressional District is
composed of the counties of Chester
field, -Marlboro, Darlington, Sumter,
Georgetown, Williamsburg, Marion and
Horry. Voting population, whites 14,-
147; colored, 30,523.
8- The Second Congressional District
is composed of the counties of Charles
ton, Orangeburg and Clarendon. Whites,
10,750; colored, 24,273.
3. The Third Congressional District is
composed of the counties of Oconee,.
Pickens, Anderson, Abbeville, Newber
ry, Richland, Lexington and Laurens.
Whites, 18,295; colored, 20,918.
4. The Fourth Congressional District
is composed of the counties of Union,
Spartanburg, Greenville, Tork, Chester,
Lancaster, Kershaw and Fairfield.—
Whites, 18.970; colored, 19,957.
5. The Fifth Congressional District is
composed of the counties of Colleton,
Beaufort, Barnwell,‘Edgefield and Aiken.
Whites, 12,037; oolored, 25,065. '
THE SUPREME COURT.
DECISIONS RENDERED IN ATLAN
TA, GA., AUGUST 82, 1876.
[ Reported Exclusively for the Constitution by
Henry Jackson, Supreme Court Reporter.]
Endres et. al. vs. Loyd, et. at, Juris
" diction, from Chatham.
Warner, C. J.
The case made by the complainants’
bill is a contest between certain parties
complainants and defendants, who are
olaiming laborers’ liens on the property
of S. N. Papot & Cos., and who ol&im to
have levied certain lien fi. fas. thereon.
The object and prayer of the complain
ants’ bill is to enjoin the defendants
from proseenting their lien fi. fas. to
the prejudice of the complainant’s fi.
fas. for certain reasons alleged therein.
The Judge granted the injunction pray
ed for, and the defendants excepted. As
suming the allegations in the complain
ant’s bill to be true, the same are not
sufficient to give a Court of equity ju
risdiction for the purpose of granting an
injunction. If the lien ft. fas. iq the
hands of Constable Kaufman were le
gally levied on the goods in rooms No.
13 and 14 prior to the levy made there
on by Constable Endress, his common
law remedy to obtain the possession
thereof was ample and complete; nor
will it be presumed that Justice Abrams
will not administer the law correctly,
but if he does not, then his errors may
be corrected in the manner pointed out
by law, without resorting to a Court of
Lquity and obtaining an injunction.
Let the judgement of the Court below
be reversed.
A. P. Adams, by D. F. & W. R. Ham
mond, for plaintiffs in error.
R. B. Richards, by biief, for defend
ants.
•
Stephens vs. the State. Forgery, from
Fannin.
Warner, O. J.
The defendant was indicted for the
offense of forgery, and charged in one
count of the indictment with having
falsely and fraudulently passed and ut
tered as true, a certain false, forged and
counterfeit order for goods. The jury,
ou the trial of the case, instead of re
turning a general verdict of guilty, re
turned the following verdict: “We, the
jury, find the prisoner guilty of passiug
a forged order, knowing it to be such.”
A motion was made iu arrest of judg
ment, which was overruled by the
Court, and the defendant excepted.
This case comes within the ruling of
this Court in Couch vs. the State, 24th
Georgia Reports 367, and is controlled
by it.
Let the judgment of the Court below
be reversed.
Wier Boyd, by brief; John S. Fain,
for plaintiff in error.
0. D. Phillips, Solicitor-General, for
the State.
Elsas vs. Moore. Appeal, from Cobb.
Warner, C. J.
In this case the jury found a verdict
in favor of the plaintiff. The defend
ant made a motion for anew trial on
the ground that the verdict was con
trary to the evidence, which was over
ruled by the Court, and the defendant
excepted. The evidence in the reoord
was conflicting, and the jury thought
proper to believe the plaintiff’s evi
dence whioh they had the right to do.
There was no error, according to the
repeated rulings of this Court, in over
ruling the motion for anew trial.
Let the judgment of the Court below
be affirmed.
Phillips and Atkinson, for plaintiff in
error.
W. T. & W. J. Winn, for defendant.
Ash vs. the State. Assault with intent
to murder, from Lumpkin.
Warner, C. J.
The defendant was indicted for the
offense of an “ assault with intent to
murder,” and on the trial therefor was
found guilty. A motion was made in
arrest of judgment, and for anew trial,
on the several grounds therein set forth.
Both motions were overruled by the
Court, and the defendant excepted. An
assanlt with intent to murder may be
committed by using any weapon likely
to produce death. The allegation in the
indictment is “ that the defendant, on
the 9th day of February, 1876, then and
there unlawfully, and with force and
arms, in the county aforesaid, using
then and there a pocket knife, said knife
being a weapon likely to produce death,
upon one Francis S. Ash, in the peace
of said State, then and there being, did
make an assault with the intent, him,
the said Francis S. Ash, then and there
to kill and murder unlawfully and with
malice aforethought, contrary to the
laws of the State, etc.” The objection
is that it is not specially alleged what
use the defendant made of the knife.
Whether this objection would have been
good on special demurrer before plead
ing on an arraignment, it is not neces
sary to decide. But, in our judgment,
the objection comes too late after ver
dict, and is not good in arrest of judg
ment under the provisions of the 4fi2Bth
section of the Code and the construction
given to that section by this Court.—
There was no error in overruling
the motion in arrest of -judgment.
The evidence as to the incom
petency of the jnror, Wells, was
not sufficient to set aside a verdict
which could not well have been other
wise than it was under the eyidenae.
The fact fh.nt the juror said before the
ternof tbe'Gourt “that he wanted the
defendant’s case to come before him,
that he would remember, or recollect
him” did not affirmatively show that he
was not an impartial juror when he had
sworn that he was. There was no error
in overruling the ground as to the fiewjy
discovered iq relation to' the
knife being found in prosecutor’s pock
et. The prosecutor sworp that fie had
no knife in his pocket at the time of the
difficulty. After he had been cut by
the defendant and had fainted and been
carried tj> Turner’s house, there was a
knife foqnd in his pocket: wheye or flow
it got there dues nftt appear; it was not
identified aq the prosecutor's knife. Such
evidence as that, if it bad been admitted
on the trial, would not even probably
have produced a different result. There
was no error in the charge of the Court,
in view of the evidence, after giving the
charge as requested by defendant, by
adding thereto. “In all cases of vol
untary manslaughter, there must be
some aqcqai assault upqp ihe person,
killing 'or' attempt f>y person killed to
commit a serious personal injury on the
person killing.”
Inasmuch as the Court below was sat
isfied with the verdict, and after a. care
ful tf thg evidence disclosed in
the reoord, we find nothing to oause us
to be dissatisfied with it. Let the judg
ment of the Court below be affirmed.
H. P. Bell,W. P. Price, B. A. Martin,
J. N. Dorsey, for plaintiffs in error.
0. D. Phillips, Solicitor-General Tor
thetyafg., " ' '
Hiil vs. Sibley. Complaint, from Clwki
Warner, C. J.
This Vks an action brought fyy the
plaintiff against the defendant an an
open account in the statutory form, for
the sum of 8704 35 with a bill of partic
ulars annexed. The defendant filed a
plea to the plaintiff’s action, in which he
alleged “that the plaintiff was an over
seer on the plantation of defendant for
the year 1872. under a special contract
to famish sixty handg, ant} malfe for
defendant plenty of ooin, ana three
hundred bales of cotton, and in consid
eration thereof,' was to receive twenty
dollars to the hand, but said plaintiff
utterly neglected'his duty as such over
seer, and did not perform his contract,
and damaged tbe said defendant five
thousand dollar or m°re, for which de
fendant prays judgment, etc.” .On the
trial of the case the jury, under the
charge of the Court, found a verdict for
the plaintiff for S6OO. A motion was
made for a "new trial, on the several
grounds therein set forth, which was
overruled by the C -urt, and the defend
ant excepted. The plaintiff claimed
that the defendant was indebted to him
the sum of SOOO for his services as over
seer for the year 1872, together with
some other items oharged in his account
amounting to the sum of $907 40, which
amount was credited with the sum of
$203 05, leaving due the plaintiff
$704 35, which latter sum the plaintiff
claimed to be due him. The evidence
in the record is conflicting as to the
special contract alleged in defendant’s
plea, and there is evidence going to
show that defendant failed to furnish
cotton seed in time for planting, and
also failed to furnish suitable mules in
time to make the crop. The evidence
is also conflicting as to the cause of the
failure to make a full crop of cotton on
the plantation, the defendant insisting
that it was the fault of the plaintiff as
overseer, the plaintiff insisting that it
was the fault of the defendant in not
furnishing cotton seed in time for plant
ing, and in not furnishing suitable
mules, bad seasons, and destruction of
the cotton by the caterpillar, repairing
fences, Ac. The Court charged the
jury in substance, that in view of the
evidence of the record, whether the con
tract of employment of the plaintiff was
as insisted on by him, or as insisted on
by the defendant, in either event, if
the plaintiff failed -or neglected to per
form in his duty as overseer, and in
consequence of such failure and neglect
of duty on the part of the plaintiff, the
defendant was damaged, the defendant
is entitled to have the amount he was
damaged deducted from the amount of
the plaintiff's claim. The defendant
contends that inasmuch as the jury
found for the plaintiff only the sum of
§6OO, the same being less than the
amount claimed by the plaintiff, there
fore, they must have found that the
plaintiff had failed to perform his duty
as overseer, and as the lowest amount
of damages proved by the defendant
was $5,000, the verdiot should have been
for the defendant and the case of Jones
vs. Lynch, 64th Georgia Report, 271, is
relied on to sustain the principle contend
ed for. The case now before ns is dis
tinguishable from Jones vs. Lynch in
two important features. This is an ac
tion to open an account in the statu
tory form with a bill of particulars an
nexed, and it was held by this Court, in
Johnson vs. Quin, 52d Georgia Report,
445, that the 3393d section of the Code
was intended to allow the plaintiff to
recover in an action on account such an
amount thereof as he was justly and
equitably entitled to, either under a spe
eial agreement to pay the amount charg
ed, or so much as the goods or services
rendered were reasonably worth, with
out regard to the technical rules of
pleading, or the evide. ee applicable to
a special contract, or a quantum meruit.
In this case, there is evidence on the
part of the plaintiff going to show that
it was the fault of the defendant in not
furnishing mules, cottou seed, &0., that
a full erop of cotton was not made, and
the jury may have taken that into con
sideration as well as the fault of the
plaintiff, in adjus ing the rights of the
parties under this statutory form of ac
tion, as they had the right to do Iu
other words, the jury may have believed
from the evidence that both parties
were at fault, and regulated their credit
accordingly, on the principle of contrib
utory negligence. There is certainly
evidence in the reoord which would have
authorized them to do so. Iu Jones vs.
Lynoh, the action was on a promissory
note, and the defendant pleaded a par
tial .failure of consideration, on the
ground that the plaintiff represented
that the city lot for which the note was
givea was bounded by Gray street, when
it was not. The Court charged the
jury that the measure of damages was
the lessened value of the lot in conse
quence of Gray street not being there
where it was represented to be. The
lowest proven damage was $500; the jury
found only $l4O damage and anew trial
was granted because the verdict was
contrary to the charge of the Court.
There was no confliot of evidence in
that case as to the cause of damage, as
in this case. There was no evidence in
that case of contributory negligence on
the part of defendant by which the dam
age might have been caused, as iu this
case. In that ease there was no dispute
or conflict of evidence as to the cause of
the defendant’s damage, therefore there
was no margin for the jury to have ap
portioned the damages as there is under
the evidence in this case. Whilst there
is no confliot of evidence iu this as to
the amount of damage the defendant
sustained, there is a very serious con
flict of evidence as to what caused that
damage. The jury may have believed that
both parties were at fault under the evi
dence, s they had the right to do, and
regulatedtheir verdiot accordingly. Con
struingthe charge of the ! ourt complain
ed of with the other portions of the charge
contained in the record, there was no
error in view of the ruling of this Court
in Johnson vs. Quin before cited, at
least none of which the defendants has
any legal right to complain. In our
judgment the verdiot is uotr contrary to
the weight of the evidence and we will
not disturb it. The objection to the
interrogatories came too late, and is not
sufficient to set aside the verdict.
Let the judgment of the Court below
be affirmed.
B. H. Hill &Son, for plaintiff in error.
S. P. Thurmond, R. N. Ely, for de
fendant.
Morris vs. Tennent. Claim, from Cobb.
Bleckley, J.
When exempted personalty has been
exchanged, whether legally or not, for
property of like kind, the latter stands
as against the husband’s creditors, in
the place of the former, so long as the
exchange is not repudiated by any of
the parties in interest. The family are
entitled to retain the substituted prop
erty, either for enjoyment or for resto
ration to the true owner.
Judgment reversed.
Geo. N. Lester, Gartrell & Dunwoody,
for plaintiff in error.
W. T. & W. J. Winn, for defendant.
Morris vs. Ogle. Lien, from Cobb.
Bleckley, J.
1. In the Superior Court, the trial of
a case canuot proceed over the objec
tion of the parties, without the presence
of the necessary office papers, or of
established copies. The defendant’s
oounter-affidavit to the summary en
forcement of a mechanic’s lien, is* a ne
cessary paper, the issue on trial being
presented by it.
2. After a counter-affidavit to the en
forcement of amechanic’slien is received
by the sheriff, and the same, with theexe
oution and levy and the order directing
execution to issue, are returned by him
to the clerk’s office, all these papers are
office papers of the Superior Court, and
so remain until the trial directed by
statute is had and the matter is finally
disposed of. Upon their loss from the
office, that Court may, at any time while
the case is pending, establish a copy of
one or more of them upon motion,
3. Unless the contrary appeqrg, this
Court will, presume that the Superior
Court liqd ample evidence that copies
qstfihlished were true oopies.
Judgment reversed.
George N. Lester, Gartrell and Dnn
woody, for plaintiff iu error.
W. P. McOlatcby, for defendant,
Charles vs. Fostey, Rule, from Forsyth.
Rpepkley, J.
1. Claim affidavit and bond, purport
ing to be executed in another State be
fore a Notary Public thereof, cannot be
received by a levying officer in this State
without due authentication. See 21 Ga.,
208, 161.
2. The seal of the Notary is not au
th&utipation; nor is the certificate and
seal of the Clerk of a Court of reoord
without a further certificate trom the
Judge, Chief Justice or presiding magis
trate of such Court.
3. The claim papers being unauthen
ticated, and the only security upon the
bond being a non-resident of this State,
and so appearing on the face of tho in
strument, a Deputy who receiv
ed tfie papers and aeoepted the security,
and who,'for no reason but the interpo
sition of this claim, failed to sell land
which he had under levy and advertised
for sale is, prima facie, liable to rale
for the money which bo ought to have
by a sale at the land ; and his
sworn answer that he acted in good
faith will not proteot him, it not appear
ing that he made any effort to enlighteq
his good faith with proper knowledge.
4. It is not matter fofeii&'TPt to. a rule
for not selling properly levied upon un
der an founded on the judg
qjetif of a Court of competent jurisdic
tion, that the judgment was obtained by
fraud. The levying officer oanuof go
behind the judgment fcia de
linquenc^
Judgment reversed,
George N. Lester, by C. D. Phillips,
Richard P. Lester, Isaac S. Clements,
for plaintiff in error.
H. P. Bell, H. L. Patterson, for de
fendant.
Boyd vs. England. Complaint, from
Union.
Bleckley, J.
1. A deed conveying land to a hus
band in trust for the separate use of his
wife and her children, born and to be
bom, clothes him with an executory
trust, which does not become exeouteu
while} the coverture subsists and the
children are minors. And so long as the
trust is executory the legal title cannot
vest in the beneficiaries.
2. Upon such a deed the wife, suing
for herself and as the next friend of her
minor children, cannot, pending the
coverture, recover the land at law from
a person in possession under a convey
ance from the husband as trustee with
out bringing the trustee in as a party,
nor without alleging and proving such
facts, and submitting to such terms as
would entitle her, under the circum
stances, to obtain a decree for the
premises in a Court of Equity.
3. No Court can remove a trustee and
appoint a successor in a proceeding to
which the trustee is not a party.
4. When the verdict is right, on the
evidence and the law applicable to the
case, errors in the charge of the Court
are immaterial.
Judgment affirmed.
0. D. Phillips, J. A. Bull, W. T. Day,
for plaintiff in error.
John S. Fain, C. J. Wellborn, for de
fendant.
Rakestraw et al. vs. Brogdon. Bill,
from Gwinnett.
Bleckley, J.
1. Even though the evidence make a
good case, unless it be substantially the
case alleged in the bill, the complain
ant ought not to recover. Especially is
this true where the matter of the bill
not proved is libellous of the dead, or
wanting in nothing but malicious pub
lication to make it so.
2. Where the bill alleges, among other
things, that a bond for titles belonging
to complainant, waß, by fraud and de
ceit, drawn from the custody of his
wife in his absence, and presented to
the obligor, and that the obligor was
induced by false and fraudulent repre
sentations to convey tho land to the
defendant’s testator, the person guilty
of the fraud; and where, on the trial,
the oomplainant himself proves that
i there never was any such bond in exist*
ence, and the conveyance in question
was obtained fairly and honestly, with
his consent and upon his written order,
there can be no verdiot in his favor,
whether these facts with others proven,
raised an implied trust for his benefit
or not, the transaction described in the
bill being essentially different from the
transaction disclosed by the evidence,
and the basis of trust iu the oue being
fraud, and in the other, co-operation
and mutual consent.
Judgment reversed.
Clark & Paoe, T. M. Peeples, N. L.
Hutchins, for plaintiffs in error.
Winn & Simmons, for defendant.
Richmond and Atlanta Air Line Rail*
road Company vs. Campbell. Case,
from Gwinnett.
Bleckley, J.
1. An employeeof a railroad company,
suing the company for a personal injury
sustained from the negligent perform
ance of an aot in which he participated,
has not made a prima facie case for re
i covery, without proving either that he
> was wholly free from fault himself, or
that there was negligence on the part of
his fellow-servants. If he rests on a
presumption of negligence, without ae
- tual proof thereof, that presumption ap
> plies to him with the sjme force as to
> others who participated in the same aot
of common duty, and to get the benefit
l of the presumption as applied to the
I others, he must rebut it so far as it ap
) plies to himself.
; 2. The oases, in 63 Ga., 488 and 64 lb.
• 609, compared and reconciled,
r 3. The evidence in the present oase
> fails to establish affirmatively either ba
sis of reoovery. It leaves the plaintiff’s
r diligence unvindieated, and it fixes no
- negligence on others.
> Judgment reversed.
I John Collier, T. M. Peeples, for plain
> tiff in error.
i Hillyer & Bro. for defendant.
>
< John W. Hill vs. John Reeves. Dis
tress for rent, from Cobb.
’ Jackson, J.
, Except in cases of speeial liens for
rent on crops made on the land rented,
, a landlord may detain from rent without
a previous demand and refusal to pay,
1 and without the allegation thereof in his
i affidavit. See Buffington vs. Hilly, last
L term.
t Judgment reversed.
George N. Lester, Gartrell & Dun
. woody, for plaintiff in error,
j W. T. &W. J. Winn, for defendant.
, Bleckley J., having been of counsel,
did not preside in this ease.
r Bond A Son vs. Hall & Hand. In eqni
) ty, from Lumpkin.
| Jackson, J.
' 1. The Court will not oontrol the dis
t eretion of the presiding Judge in grant
t ing anew trial, unless the law has been
violated or the discretion of the Judge
I on the weight of the evidence grossly
abused. Ordinarily the new trial will
not work serious da t> age.
j 2. A bona fide judgment debt of a
, stockholder against the company in
t whioh he holds stock, may be set off by
t him in equity against a suit to make
j him individually liable in proportion to
r his stook.
j 3. Such judgement may be attaoked
I for fraud, but the facts on whioh the
3 charge of fraud is made must £>e aver
t red in the pleadings and proven to the
satisfaction of the jury ou the hearing.
, 4. The creditor need not go on all the
stockholders for their respective pro
rata, shares, but may recover his entire
[ debt out of one, provided the debt does
not exceed his proportion of the entire
indebtedness of the company, the indi
vidual liability clause in the charter be
ing as follows: “The stockholders in
said company shall be liable pro rata
for the debts of said company to the
i amount of the stook they respectively
r hold.”
i Judgment affirmed.
C. Dt Phillips, M. L. Smith, for plain~
> tiff in error.
E W. P. Price for defendants.
>
■ Camp vs. Smith, Governor, Forfeiture
of recognizance, from Milledgeville.
Jaokson, J.
1. A nolle prosequi of a bill of indiot
ment is a t rnunati >n of the oase pend
ing on that bill, with all reoognizanoes
and other inoidents of that particular
proseoution. Anew bill for the same
offense is anew case.
2. It follows that the forfeiture of a.
■ recognizance against a surety for tbo
' appearance of defendant to answer the
j old bill of indictment so not pros'd, is
f without authority of lay. When that
! indictment was nol pros’d, the surety
upon a bond growing ant of it, either
to take the oase to the Supreme Court or
to answer in the Court below, was dis
charged.
Judgment reversed.
George N. Lester, E. P. Howell, for
plaintiff in error.
C. D. Phillips, Solioitor-General, for
defendant.
Simmons vs. Cates, principal, and Shaf
er, administrator, Beourity. Illegality,
from Gwinnett.
, 1- The assignee of two judgments from
, different pluintifis against the same de
fendant, an the older of whioh judg
ments there is a security, and on the
younger there is none, must apply money
, raised by the sheriff from defendant’s
to the older judgment. If he apply it
to the younger, the surety is discharged
pro tanto.
2. It makes no difference in prineiple.
if the assignee, being purchaser of the
property sold by the sheriff, does not ac
tually pay the money to hin, hut it ia
considered paid, and is applied to the
junior judgment.
Judgment affirmed,
James P. Simmons, for plaintiff in er
ror.
F. F< Juhaß, by Jackson & Lnmpkin,
for defendants.
Ephriam L. Braswell vs. Jas. W. Plum
mer. Claim, from Gwinnett.
Jaokson, J.
A bona fide purchaser of iand, in pos
session thereof for four years without
notice of any judgment or levy thereon,
holds the land discharged from the lien
of any judgment against the person from
whom he purchased the same, though
the land had beeu levied on before his
purchase, no steps haying been taken by
the judgment creditor to enforce the
levy until after four years possession by
the purchaser.
Code, j 3 683, Rucker vs. Womaok,July
term, 1875, pamphlet, p. 43.
Judgment affirmed.
Winn & Simmons, for plaintiff in er
ror.
F. F, Julian, by Jaokson & Lumpkin,
for defendant.
Thomas Ridling vs. the State. Misde
meanor, in selling spiritons liquors to
a minor without authority from the
parent, f ou Clarke.
Jaokson, J.
1. The faot that the Court directed
twenty-four men, summoned as grand
jurors, to retire to the grand jury room
and excuse the last man ou the list, if
there were twenty-four, organize by
electing a foreman, and that the twenty
three return with the foreman to be then
sworn, whioh was done, does not vitiate
an indictment afterwards fonnd by a
sworn jury. The grand jury is not com
plete and organized for business until
sworn.
2. It is not error in the County Judge
aot ing as both judge and jury, after a
case is heard before dinner and his de
cision withheld nntil after dinner, to
hear additional evidence after dinner,
the defendant not making it appear that
he was thereby injured by the absence
of witnesses or otherwise.
3. Proof by the State that a dealer in
spirituous liquors sold to a minor, and
that the parent or gnardian was not
present and assenting at the time of
sale, makes such a prima fade case that
the sale is made without first obtaining
authority of such parent or guardian as
to authorize a conviction in the absenoe
of all proof to the contrary, especially %
when such parent resides in a distant
county from the venae of the crime.
4. Is the burden of showing that the
retailer did not first obtain the authority
of the parent or gnardian npon the
State, or is it not upon the vender to
show that he first obtained it? Quare.
Judgment affirmed.
W. B. Thomas, for plaintiff in error.
A. L. Mitchell, solicitor general, by
L. W. Thomas, for the State.
“ Mariah Has Gone to Bed.”—A
young man in this city had parted his
flaxen locks in the most impartial man
ner; if there was a hair more on one
side of his head than on the other the
difference could not be observed. He
had a tolerable good tenor voice, and
he bad mastered anew song. The
moonlight shone brightly down on the
green sward in front of the residence
whioh held the maiden of his herat. The
youth crept softly up the sidewalk, and
let out his soul iu the melody, “Dar
ling, I’m waiting for thee.” He had
hardly completed the second chorus
when a window blind was cautiously
opened, something white was seen by
the light of the moon, and an oldish
voice, not in harmony with the musio,
said: “It is all right, young man; but
you needn’t wait any longer. Mariah
has gone to bed.”
Builnwia BmbarraauaeiiM.
Buffalo, August 26.— 8. Delitsoh,
the most extensive boot and shoe manu
facturer here, made an assignment. Lia
bilities, $200,000; assets, -from $50,000
to $75,000.
