Newspaper Page Text
EUttfiucie arcs Sentinel
WEDNESDAY. SEPTEMBER 6, 1876
Siiieul Democratic Ticket.
FOB PurJIIDKNT :
Samuel J. Tilden,
. OF NEW YORK.
FOB VICE-PRESIDENT :
Thomas A. Hendricks,
OF INDIANA.
State Democratic Ticket.
FOB GOVEBNOB:
Alfred 11. Colquitt.
j/ #r He**le. EictiteeDih SbmUwW DUtriei,
lUa. /NO. T. NHEWMAKB, .f Rlehmand.
Far the LesUlatare,
Jab. 0. C. Buck. Patrick Walsh, W.
EWING J JHNSON.
presidential electors.
Far the State ax Large.
A. R. LAWTON.
JOHN W. WOFFORD.
ALTERNATES,
L. J. GARTRELL,
H. D. D. TWIGGS.
District Kleetara.
First District -A. M. Rogers, of
Bnrke. Alternate, T. E. Davenport, of
°Becond District-R. E. Kennon, of
Clay. Alternate, James L. Seward, of
District —J. M. DnPree, of Ma
con. Alternate, W. -H. Harrison, of
8 Fourth District-W. O. Tuggle, of
Troap. Altercate, E. M. Batt, of Ma
" Fifth District—F. D. Dismuke, of
Spalding. Alternate, W. A. Shorter, of
District —Frank Chambers, of
Wilkinson. Alternate, M. V. McKib
ben, of Butts. ~ .
Seventh District—L. N. Trammell, of
Whitfield. Alternate, Hamilton Yancey,
Eighth District—D. M. Dußose, of
Wilkes. Alternate, F. E. Eve, of Co
lombia. . „ „ „
Ninth District—J. N. Dorsey, of Hall.
A Herr ate. F. L Harison. of White.
The Republican party is contending
for plunder, not principle.
The Weekly Chronicle and Senti
nel has two thousand four hundred
Itona fide subscribers How many has
the Constitutionalist f
'•The oldest Democratic newspaper
in Georgia,” as the Constitutionalist
styles itself, is out in an editorial, in its
issue of yesterday, defending independ
ent candidates. ___ ____
Advertisers will please bear in mind
that the combined circulation of the
Chronicle and Sentinel is nearly
double that of the Constitutionalist. If
our ootemporary doubts this, we can
prove onr assertion.
As the Constitutionalist favors inde
pendent candidates, and is not willing
to submit to the voice of the people as
expressed through the Nominating Con
ventions, it is not st all unlikely that it
will famish candidates against the regu
lar nominees of the party.
The regular Sunday edition of the
Chronicle and Sentinel is two thou
sand six hundred and forty copies,
which is from twelve to fifteen hundred
more papers than are issued by the
Constitutionalist. Advertisers can de
termine for themselves which is the best
medium in which to advertise.
Thr Constitutionalist speaks of
“ringa” and “cliques” which manage
and control the County Conventions.
Has it any reference to the Oohvention
recently held in Richmond county ? We
think the people controlled that Conven
tion. The “ring,” or “clique,” that
tried to ran it was repudiated by the
people.
If the Chicago Times may be be
lieved —and we know no reason for dis
crediting it—General Sherman in 1864
wrote to General Grant : “I am going
to the sea-coast. Send me someone to
command the cavalry; a damned fool
will be the best for this work.” And
Grant sent .Tudson Kilpatrick. This
iB one of the keys to this gentleman’s
epistolary indiscretion of a recent date.
The Constitutionalist, in an article
defending the running ot Independent
candidates nnder oertain circumstances
against the regular nominees of the Dem
ocratic party, states that there were a
number of Independent Democratic
members in the Legislature of ’75 ’76.
Perhaps onr Jackson street cotempora
rv is correct, bnt if onr recollection
serves us right, and we think it does,
ont of ode hundred and seventy-five
members in the House, there were two
colored members and about three Inde
pendents.
The health of Hon. Alexander H.
Stephens continues to improve. He
will be a candidate for re-election to
Congress. The Nominating Conven
tion meets at Thomson next Wednes
day. Our information is that Mr.
Stephens will be renominated without
any serions opposition. His name
goes before the Convention with a ma
jority vote. The two-thirds rule will
be adopted and it is thought that he
will be nominated by a two-thirds vote
after a few ballot#. It is not at all im
probable that Mr. Stephens may be
nominated by acclamation.
A special dispatch in the Chronicle
of yesterday from Washington an
nonneed the nomination, by the Demo
crats of Wilkes county, of Messrs. F.
H. Collet and W. R. Calloway for the
Legislatnre. Mr. Colley is a member
of the present Legislatnre. He has
served one full term in the House, and
hi# renomination by the peopleof Wilkes
iw a deserved compliment to modest
merit and sterling worth. Mr. Collet
ia a rising member of the bar in good
practice. Although young in years and
in legislative experience a novice, he
performed his whole duty with credit to
himself and benefit to his constituents.
Mr. Collet’s future is full of promise.
Mi. Wheeler, the Republican nomi
nee for Vice-President, addressed the
voters of St Albans, Vermont, and after
complimenting the State# of New Eng
land, and above all Vermont, as being
the moral and intellectual paradise of
this country, ho turned his attention to
the South and the Democratic party.
The substance of his appeal was that
the North mast regard the South with
the same feeling to-day that it did ten
yean ago; that it wonld be foolish acd
unpatriotic to boilers in peace, hope for
peace, or agree to unite ut the bonds of
mntnal forgiveness. The pries that Mr.
Wheeler offers for ifee purchase ot wo
oes# is a terrible one for Ihe country.
The arousing of bad blood, fife* awaken
ing of sleeping passion, the perpeMU-
Jtion of sectional ill will.
The arrangement* oow being wade
for selling a large amount oi United
States bonds bearing 4$ per cent, inter
est, with the view of appropriating the
prooeeds to the extinguishment of cor
responding amounts of the public debt
that beer higher rates of interest, will
probably be crowned with complete suc
cess. The improvement of the national
credit and the abundance of capital that
is now seeking safe rather than highly
remunerative investments will render
the task of the sew syndicate compara
tively easy, and as it comprises a nnm
ber of the most ind Bestial bankers on
both sides of the Atlantis, including the
famous Rothscktl a, it would not be
surprising if the entire amount of the
aew loan authorized, $800,000,000, was
sold. An annual saving of a consider
able amount of interest would thus be
effected.
TILDE.VS KEFOK.H.
In his dealings with the rogues who
had gained access to some of the most
important positions in his Btate.Gov.
Tilden has displayed the manner in
which he will pursue the work of reform
when the control of the affairs of the
Kepnblic is placed in his hands. He has
been bat about eighteen months in the
Executive Chair of New Xoik, yet in
i hat time he has originated and carried
into operation, measures which have re
duced the expenditures in one depart
ment only to the extent of two and a
half million dollars annually. He lias,
also exposed and completely destroyed
an elaborate system of frauds by which
the State has been annually robbed of
large amounts of its canal revenues, he
has broken up the largest, most influen
tial, and most compact of the plunder
ing rings which have infested the State.
He has driven ont of the field, and in
some cases into the State prison, the
horde of dishonest contractors and offi
cials who were stealing the people’s
money. He has carefully watehed the
proceedings of the Legislature, and by
I vetoing improvident acts, has reduced
the appropriations for general purposes
about a million of dollars. He has
caused the State taxes to be cut down
nearly fifty per cent This is reforming
in a way that the people can understand.
Honest and dishonest alike can appre
ciate at its fall value such services as
these. The former show their estimate
of its value by rallying to bis banner;
the latter by straining every nerve to
prevent the inauguration of this kind of
work at Washington. The mass of the
people is, however, enrolled on the side
honesty, and is determined to give the
Great Reformer the widest possible
scope for a display of his genius in the
field which, with such eminent success,
he has cultivated in New York.
INDIANA AND OHIO.
It is generally conceded that the
party that carries Indiana and Ohio in
the October elections will elect their
candidates for President and Vice-
President in November. We believe
that the Democrats can carry Ohio, and
we are almost certain of Indiana ; but
there will be a hard struggle for the
mastery in both States. In Indiana the
Democrats have the advantage of pos
session. with Gov. Hendricks on the
national icket. Prior to 1860 Indiana
was a Democratic State.- In 1854 a
combination of Whigs, Know Nothings
and Abolitionists carried the State,
electing the Governor and defeating sev
eral Democratic candidates for Con
gress, among them Thoras A. Hkn
dricks, but fell back into the hands of
the Democrats in 1856. in that year
Oliver P. Morton was the Republican
candidate for Governor, and was de
feated, aDd the electoral vote was cast
for James Buchanan. In 1858 the Dem
ocrats won an easy victory. In 1860
Lincoln carried the State by 20,000 ma
jority, and Morton was elected Lieu
tenant-Governor, becoming Governor
the next year. Two years later the
Democrats carried the Stat , though
there was no Governor to be elected,
and ohose a Legislature which sent
Hendricks to the United States Sen
ate ; but in 1864 the State was swept
again for Lincoln, and Mobton was re
elected. The Republican .success was
still greater in 1866, but in 1868 the
State election was very close, Conrad
Baker defeating Hendricks by a small
majority. Grant received about 10,-
000 majority. In 1870 the Democratic
ticket was elected again, but there wag
no Governor to bo chosen. In 18 1 2,
though Grant received over 21,000 ma
jority in November, Hendricks and the
entire Democratic ticket was elected in
October by a few hundred votes. In
1874 there was a decided Democratic
victory on the State ticket, and eight
ont of th rteen Congressmen were elaot
ed by that party.
Indiana has been a dose State, but
the Democrats have the advantages of
position and possession. Mr. Hen
dricks’ popularity is immense in In
diana, and it would be out of all reason
and con rary to all expectation to have
his own State go against him. The
election takes place on the Wth of Octo
ber. There are three candidate# in the
field for Governor. The “independent
greenback party” has a full State ticket
and candidate# for Congress. Anson
Walcott is the candidate for Governor
of the Greenback party, which wants no
resumption, but an indefinite use of
irredeemable Government- notes for cur
rency. The greenback party claims to
be strong.
The Republican candidate is known
as “Kid Glove Ben Harrison," and the
Democratic as “Bine Jeans Williams,
at present a member of uoDgress. God
love Orth, the first nominee of the Re
publican party, was forced, to retire
from the race on account of corruption
while in office; and Mr. Harrison was
nominated in his place. The only issue
the Republicans are making is the raw
head-aud-bloody-bone# issue—working
up prejudice against the South on ac
count of the war. This has not yet been
worn thread bare and it will have its ef
fect upon the canvass, but it will not
materially influence the result. Mr. Wil
liams is one of the people sod bis home
span honesty is worth to him sufficient
votes to lead the party to victory. The Re
publicans have about given up Indiana,
bat they are drill working with the
energy of despair.
POLITICAL STRAWS.
The Washington correspondent of the
Ntw York Sun, in a letter under date of
the 27th, communicates some views
showing that the business men of the
country are with Tildkn and Hendricks.
This correspondent writes that two po
litical straws, which show which way
the moneyed interests are turning, have
been received there by the Democratic
Committee. One is from New York, to
the effect that a careful canvass of Wall
street and conversations with the lead
ing merchants and bankers show that
the confidence of the capitalists is with
Tildes. The impression prevailing,
and which enters into every day business
transactions, is, that it would be safer to
elect Ttlden than it would be to elect
Hates. So far has this feeling grown
that business orders for the Fall aud
Winter frade are based upon an increas
ing belief that the November election
wili bn in favor of Tildex and Hen
dricks. As Tildes is a man of wealth,
those having large interests at stake put
their trust in him, because they believe
he would not do anything that would
injure his own interests. Bnt the second
point is of greater weight. The recent
despotic order of the President, by
which the civilized world is told that in
one-half the United States the army is
necessary to control the election, is daily
reacting upon the minds of Northern
men. The South, almost opulent this
year in the wealth of large corn and cot
ton crops, where industry and not the
plans of lazy and schemeing politicians
enriches the people—in this portion
of tn* country there is danger that the
prolongation Republican administra
tion will lead to downright oppression,
and the people of the goad
ed to sell deieose, will forget their io
dßattles and remenJjsr their rights as
citieoea. event, th*c? would be
cause to fear complete prostration
of confidence in aH classes of business
and securities, not excepting the bonds
of the United States. Caution dictates
that while it is the self-interest of the
capitalist to preserve peace and good
will among all classes in the late slave
States, it is also policy to place an Ad
ministration in offioe that will perpet
uate this desired condition in public
affaire. It has not been forgotten how
the national banks and Eastern capital
ists contributed large sums of money to
defeat Mr. Greelet and elect General
Grant in 1872. The reason for this lib
erality was not on acoonut of pereonal
preference for one over the other, but
was purely a business calculation. It
is, therefore, regarded as a good sign
that a continuation of Republican Ad
ministration is no longer, in the opinion
of merchants, s panacea for all financial
and national ids.
The other straw comes from Philadel
phia. In that city those-who contri
buted largely four years ago have re
fused this year to give one cent. The
first reason for refusing is tile exceeding
hard times. The second is that South
ern trade is increasing, and if there is to
be continued threatening of the Sontb
no hope of permanent peace and revi val
of business can' be entertained. It
wonld be better, therefore, for the Dem
ocratic party to succeed this time than
risk a continuance of this unsettled con
dition. Therefore the godly people of
Philadelphia have refused to contribute
a cent. The wealthy ones say they will
individually vote for Hazes, but th y
will not give a jjollar to purchase, votes
for his election.
DOT. TILDEN.
In 1871, when Mr. Tilden was a can
didate for the Legislature, the New
York Times said of him :
V te tor Samuel J. Tilden. Esteem it an
hotior and a privilege to elect Samuel J. Til
den to the Legislature. He haa shown him
self a gallant, conscientious, efficient toe to
corruption. We appeal to every .Republican
to work and vote for him, and do so the more
cheerfully—as we make this appeal—because
he is an honest Democrat,
Gov. Tilden has reformed the abuses
which existed in the State of New York.
He has driven corrupt men from office
and saved the people millions. He has
reduced the State tax from $15,000,000
to $8,000,000 daring his administration.
Gov. Tilden proposes to reform the
abuses of the Federal Government; bnt
the Times , who commended him for his
honesty, now characterizes him as a
“swindler and a perjurer.” This ohange
in sentiment on the part of the Times
comes from despair. The oriminal on
the gallows, standing on the verge of
eternity, lies until the last ray of hope
disappears. So the Republican jour
nals are now lying to save the life of
their party. They will do so until the
last ray of hope disappears, bnt when
the party is killed by the election of
Gov. Tilden, the Radical journals will
tell the truth. The Times will say that
he is an honest Democrat.
MU. STEPHENS STRIKES BACK.
[San Francisco Morning Call |
Hon. Alexander H. Stephens, of Georgia,
who ha- been ailing for the last thirty years,
is worth a dozen dead men yet. It is not im
probable that we shall see him among the
members of the Forty fifth Congress, al
though when he last retired from that body be
thought it would be forever. The gentloman
has a remarkable vitality, something that,
under the oircumstanoes, is a puzzle to phys •
ologists. While he has suffered excruciating
pain, and had resign and himself to what he be
lieved his approaching end, his mind has been
clear and his intellectual vigor unimpnired.—
Trurlow Weed some time ago published a
letter in which he arraigned the Georgia
statesman, and now Mr. Stephens comes back,
m a lengthy communication to the New York
Herald, in which he proves that there are
“blows to give, as well as blows to take.” It
is known that Mr. Stephens oounselled against
secession to the last; but when Georgia con
cluded to go out of the Union, he went with
her./ He was Vice-President of the Confede
racy, and true to the Southern cause until the
last. After the civil war he was one of the
first to become reconstructed and professes
now the same affect lore for the Union that he
ever entertained. If the boahh of Mr. Ste
phens should so improve that he can take, his
seat in Congress after his election, which
seems to be a foregone oonolnsion, there will
probably be no member from,the South who
will be more conservative in sentiment.
TBB EyiLS IN TRE CANVASS.
The New York World, in alluding to
the recent speech of Mr. SoHUnzf says
that “he reduces the national issue in
the pending canvass to two points—one
the bad condition of our finances and
the other the porruption in our civil ser
vice. For both of these it is clear that
the Republican party is responsible.—
Our flnanoes certainly were not in a bad
condition when that party took posses
sion of the Government. If it be said
that th e war ruined them, the answer is
that the war paoje to an end in 1865, and
since then and np to 1875 the Republi
can party has had its own way and
worked its own will in the nation. And
so it is with oivil service corruption. If
there he? been and is corruption there
since 1861, it is Republican corruption.
No Democrat has bepn permitted to
have anything whatever to do wuh onr
civil service, either as an appointer or an
appointee. If the Executive has been
corrupt Of yeak, it has been a Republi
can Executive. Jf members of Congress
have usurped the appointing power,
they have been Republican#. If any
party re-elected in 1872 a corrupt and
weak Ryecutive, it was the Republican
party. If any party has eleoted, and
snstained in Washington, .during fifteen
years, members of Congress who hay®
corrupted the civil service, it is the Re
publican party. All this is undeniable.
“Upon the financial part of the issue
Mr. Kohubz condemns the Democracy
only because its National Oopyention
struck out the date in the promise to
pay the greenbacks, inserted, as he
claims, by the law of 1875. He admits
that he did not approve of inse ting the
date. But, whether he approved or dis
approved, how h ppened it, if fbo m a * n ‘
tenance of this date bo so vital, thattfee
resolutions of the Cincinnati Convention
did not say *o, and how happened it
when, after these solutions were re
ported, and a delegate oh th# fi°°r oi
the Convention moved all aweodw ent
pledging the party to adhere to tfaa day,
that the amendment was voted down ?
If to the day is the vital point
of difference Letwjeea the Republican
and Denocratie platforms, why did not
the Republican party proclaim its feed
purpose ‘io resume’ on that day ? Has
Mr. Sphubz beoome an idiot, or doe# be
take the American people to be idiots i
“And then as to civil service, if all
the difficulties and eorraf/tfeu will dis
appear, as Bristow and Schurz say they
will, whenever the pressure of Congress
men and Senators on the Executive is
removed, and he is/eft free to exeroise
his constitutional prerogative in his own
way, why do not Republican sonyen
tions make it a sine qua non that Con
gressmen and Senators shall not apply
to or interfere with the Executive about
appointments ? ftr, what is more perti
nent, why has not the Republican party
long ago demanded this of its agents in
Congress ? Would Republican Con
gressmen think of vexing and worrying
a Democratic President in this manner,
and if such vexation and worry be the
canse of our corrupt civil service, wonld
Hot tbs ejection of Tildbn be more cer
tain to create reform than that of
Hayes ?
“The upshot of the whole matter is
that as to finance and civil service the
Republicans admit the reform must come
from Congress and not from the Execu
tive solely, and yet nowhere do they
manifest a purpose to control Republi
can Congressmen. They do nothing
but point to Hayes and hi# letter of ac
ceptance, and at the same moment pro
claim that he is powerless in the prem
ises ! They thns declare that die issue
respecting finance and civil service is
not an Executive issne !”
Thr nomination of ex-Gov. Horatio
Seymocr for of New York is
almost equivalent to au election. ■ He is
the ongest candidate the Democrats
could place in the field.
— v
The work has begun in Michigan.
The Democratic State Central Commit
tee has heen organized and Tildes Re- -
form Clubs have been formed in every
portion of the State. The Democrats
are working with vigor and united ener
gy. Four years ago Michigan gave
187,602 votes for Baglet to 80,956 for
Bla<b; two years aro the vote on the
State ticket was 111,519 for Baglet
against 105,550 for Chamberlain. If a
majority of 56,642 can be cat down to
leas than 6,000 in four years, there is
hope for the Democracy carrying the
State.
AIKEN COUNTY.
Nralufitw br. the Democracy—Death at
Two Brothers.
Editors Chronicle and Sentinel :
Aiken, 8. 0., September 1, *1876.
•The Aiken County Democratic Nomi
nating Convention adjourned yesterday
afternoon, after nominating an entire
county ticket. No better men oonld
have been selected, and their nomina
tion give entire satisfaction to all the
people of the oonnty. The ticket is as
follows : For State Senator, Col. A. P.
Butler; for Representatives, J. J. Wood
ward, J. E. Sawyer, J. G. Gnignard,
Dr. Asbille; for sheriff, W. T. Holly;
for Clerk of Court, Angus P. Brown;
for School Commissioner, H. D. Ott; for
Probate Judge, W. W. Williams; for
County Commissioners, J. W. Sanders,
Maj Mills, James Powell; for Coroner,
James A. Mos-ly. With theee men as
onr standard bearers in the coming con
test, we are certain of victory. Onr
delegates met with the intention of
nominating a ticket that wonld win, and
they have done so. Too long have onr
people been bound down with the yoke
of oppression ; too long have we been
sleeping, while the Radical thieves acid
carpet baggers have been plundering
ns. And now we intend to rise np
as one man, assert onr rights,
elect onr ticket of honest Democrats,
and in the fntnre live like men shonld
live—not under the rnle of thieves, bnt
under the reign of honesty, justice and
economy. We are determined to elect
onr county ticket or die at the polls.
Better, yes far better, would it be for us
if we were dead, than live under such
misrule as has reigned supreme in this
State for the past eight years.
A sad affair occurred near this place
on yesterday afternoon, which seems to
have cast a gloom over this entire com
munity. As £ stated in a communication
to yon yesterdav, an armed party of men
came to town daring the morning, for
the purpose of arresting the six negroes
implicated in the Porter murder at Wind
sor, on Wednesday last. They accom
plished their mission and after safely
landing their prisoners in the Aiken jail,
star ed on tnelr way way back home.
When about three miles from town, they
baited for the purpose of “taking a
drink” from a bottle of whisky which
they had brought with them from
Aiken, and daring the halt a dis
pute arose between two young men
(brothers), named John and Dock Kitch
iugs, son of Mr. Jos. Kitchings, who
resides in the lower portion of this conn
ty. It appears that Joe K tchings, the
elder of the two, tried to prevent his
brother Dock frefm taking a drink,
which, however, he failed to do. John
then drew his pistol and presented it at
his brother, tilling him he “had a good
mind to shoot him;” whereupon Dock,
who did not have the least idea that his
brother was in earnest, told him to
“shoot and be d—d 1” John then fired,
the ball entering the left breast of his
brother, just above the heart. Dock
staggered back, and while falling cooked
his gun and fired, putting fifteen shot in
the right side of his brother, and both
fell dead instantly. Trial Justioe P. B.
Williams, acting Coroner, held an in
quest on the bodies, and the jury ren
dered a verdict in accordance with the
above stated facts.
A detachment of the Eighteenth Uni
ted States Regiment, stationed here,
guarded the jail last night to prevent
the rumored lynching of the murderers
of Mr. South. Porter. No attempt was
made, and the txcitement has somewhat
abated.
Mr. D S. Hendersou in behalf of the
County Executive Committee, announ
ced that a_ grand ratification meeting
would be held at Aiken on the night of
the sth September. The procession will
be formed in front of the Lyceum Hall
at 7 o’clock promptly, under command
of the following marshals : A. P. Butler,
T. W. Watley, M. T. Holley, A. P.
Brown, W. W. Miller, H. D. Evans, A.
S. Seigler, T. S. Williams, E O. Hol
man and J. M. Hankerson, Mr. D. S.
Henderson acting as President. %
Mr. James Aldrioh will introduce the
resolutions, and the meeting be address
ed by the following distinguished gen
tlemen : Gen. M. C. Butler, Gen. M. W.
Gary, Gen. Johnson Hagood, Robt.
Aldrioh, Esq., Col. F. H. Gant, Geo. D.
Tillman, Esq., Gov. M. L. Bonham and
Captain Geo. W. Croft. A “high old
time” iB anticipated.
Aiken county is thoroughly aroused,
and the people are determined to elect
their candidates. B. B. R.
GOV. TILDEN.
The Kadical Slander Concerning His Rail
road Operation* A Clear and Trntbfnl
Statement of the Facta Involved.
[From the Nation.]
These charges against Mr. Tilden de
serve some attention, beoause they affect
the character of a man who, it is not at
all unlikely, will be for four years Pres
ident of the country. They are suppos
ed to go to the root of his character, and
to show him to be not merely unfit for
public life, bnt for a decent position of
any kind. They are said, in fact, to
show his whole career tb be one of chi
cane, fraud and robbery, and to exhibit
him as only differing from a man like
Fisk, Jr., or Jay Gould, in not having
openly thrown off all restraint. We
have carefully examined the principle
one of these charges, in fact, the only
one brought forward in a'tangible form,
which relates to the St. Louis, Alton
and Te ra Haute Railroad, and find teat
it rests on these facts;
In 1859, some seventeen years ago,
there was a Western railroad called the
Te re Haute, Alton and St. Louis Rail
road, which got into difficulties and
could not pay the interest on its bonds.
The bondholders determined to foreclose
the mortgages under which the bonds
were issued and reorganize the road.
They accordingly appointed Mr. Tilden
and several other gentlemen, who were
selected on account of their knowledge
of law. qr their skill in railro and matters,
to do the business fo; them. These gen
tlemen,. forming what was called the
“Purchasing Committee” of the road,
bought the road in at a foreclosure sale,
and sold it again to anew reorganized
company, receiving in return new secur
ities, whipfe they were to distribute
among their principals on the basis of
agreements made with them- Tb e y is*
sued new securities to the old creditors
as long as any creditors appeared to
claim them. There were at the end of
these proceedings a number of securities
still übdigtribnted, which the Purchas
ing feiyided among them
selves, either for their' seryipps or for
other reasons satisfactory to the partjes
concerned. It does Dot appear that there
was any concealment of these facts, or
any complaint made by anybody to
whom tyfr. Jhlden or his co-purchasers
stood in the relation qt trustees.
Indeed, eg far from this feeing the
case, the Purchasing Committee, while
having under their agreement# the right
to exclude persons from the benefits of
•he reorganization after June, 1861,
took ao advantage of this right, bnt ad
mitted claimant? down to 1868, and
have never excluded anybody Be
side# this, tbey say tfeat, ip. purchasing
the road in ibefr PWij nam°> they as
aumed heavy liabilities, pf which
are still outstanding ; that they per
formed many services for which they
could gst no remuneration except from
the surplus ip their hands ; that the
whole remuneration from this
surplus wonld not pay eGh member of
this committee, at the outside, three
quarters of one per cent, of the nomi
nal amount of the securities which
passed through the hands of the com
mittee—a small remuneration ; that the
net result of the whole operation was
to greatly benefit the road, advancing
the securities from twice to eight times
a# much as they were worth before.
The present managers of the road,
who are not the‘pe*fcoss who employed
Mr. Tilden, and have, solar asiteppears,
no relat on with him of any kind, now
mafee a daim upon him and the mem
bers of tiifi pommittee for an account,
to which he #ad tfep other members of
the committee reply that it j 8 none of
their business, ©ne of,the members of
the committee has very frankly told the
plaintiff that he does not pretend to un
derstand the legal rights of the matter,
that he baa 8 number of the bonds, and
is perfectly willing to surrender them if
ordered to do so by any competent au
thority. The only question apparently
involved in the ease is one purely legal,
whether there is any relation of princi
pal and agent pf trustee and beneficiary
existing between the Purchasing Com
mittee and the road, as it at present ex
ists whioh authorizes an accounting be
tween them, and the litigation is of a
kind to whioh any lawyer might una
voidably become a carty. The road
says there ia; Mr. Tilden ana the <?to r
member# of the committee pay there is
no ‘ -*d WMWtf-y Recline to give np
as, k00k,.-? “.
ing this they simply . vernam
their own rights, for it most be . •
bered that they admit the existence oi
persons to whom they did stand in the
relation to agents; and if they have any
property in th<nr possession for which
they owe any account, it may be to these
principals that they owe it, and if they
do not want to pay it twice over to two
different sets of people, they must re
sist with every means in their power the
claim now made upon them. There are
no indicia of fraud about the case, and
so far as appears, its use by Republican
organs, in its present unsettled state, to
prove Hr. Tilden a railroad “robber” or
“shark," is a scandalous abnse of the
power of the press.
We have gone into this “charge” at
considerable length, because it illus
trates the straits to which the Republi
cans have reduced themselves for cam
paign powder. In the present campaign
all the benefit that can be extracted
from “charges" will be reaped by the
Democrats, who can prove by undeni
able evidence a corruption in tne domi
nant party of the most gigantic extent,
widespread throughout all the depart
ments of the Government, and practi
cally encouraged by its head.
LETTER FR M WILKES.
Local Politic*—Media# af Ike Democracy—
Mourn. Colley and Callaway Nominated
far Ike Le#lalatare—Sadden Death of Ala.
Hal ton.
[.Specici Correspondence Chronicle and Sentinel ]
Washington, Ga. , August 30. On
yesterday the Democracy of Wilkes
county assembled at the Court House,
in this place, to nominate candidates
for the Legislature and to appoint dele
gates to the Congressional Convention,
to meet at Thomson on the 6th proximo.
In order that everybody might have a
fair showing, the Convention deter
mined to open a regular poll, at which
all the citizens might vote for the men
of their choice to represent the oounty
in the next General Assembly. I say
“ all the citizens ” because that, is the
only phrase whioh will embrace the
Democratic party of Wilkes county.
At this election, whioh passed off quiet
ly and without a single disturbance,
Frank H. Colley and Wm. R. Callaway
received the highest number of votes
and therefore were declared the nomi
nees of the party. The nomination of
these two gentlemen was then made
unanimous by the entire Convention,
and your correspondent feels well as
sure l that this action of the Conven
tion will be ratified by all the peo
ple of the county when the day of
the election arives and that Frank H.
Colley and Wm. R. Callaway will take
their seats in the House of Representa
tives as the members from Wilkes. Mr.
Colley is already well and favorably
known to the people of this section of
Georgia as a promising lawyer and was
one of the members from our con ty in
the last Legislature, where he took a
prominent part. And we send him back
in full confidence that as yet he is only
in the opening of a career of usefulness
to the people of this section and of the
entire State. Mr. Callaway is anew
man as a legislator, bnt we of Wilkes
county have known him long and well
in private life and in important offices of
public trust, and on looking over all her
citizen’s Wilkes oounty has concluded
that there are none of her sons who will
represent her better in the Honse of
Representatives than Wm. R. Callaway.
The gentlemen chosen as delegates t
the Congressional Convention are H. T
Slaton, M. P. Reese, F. H. Colley and
W. D. Pittard. These gentlemen were
sent without any instructions and will
do what they conceive to be best to
secure for the district a Representative
in the next Congress worthy of the
grand old Eighth Distriot.
The Convention was an unusually
large one, all portions of the oounty be
ing well represented, and the only un
pleasant oironmstanoe happening daring
the entire day was the sudden death ot
Mr. Ch rles T. Walton, about 3 o’clock
in the afternoon. This young man, one
of onr best oitizens, was seized with con
gestion of the brain, aDd fell on the
pavement. He was oarried into a store
just fronting where he fell, and for
many long hours every effort that medi
cal skill oould suggest was made for hie
restoration. Bnt, alas 1 the spark of
life had fled, and to-day we mourn for
the loss of one who on yesterday stood
among us in fall health, and in the
prime of his life and nsefulness.
Occasional.
LETTER FROM TALIAFERRO.
Fall Term of the Court—Speeches by Gen.
Colquitt and Col. Reid—Mr. Orr on Educa
tou —Condition of the Farmers.
[Special Correspondence Chronicle and Sentinel .]
Cbawfordville, Ga., August3o, 1876
—The last two or three days have been
fall of interest to the people of Talia
ferro oounty. On Monday the Fall term
of the Superior Court convened, with
his Honor Judge Pottle in the Chair,
and a respeotable number of visiting
members of the bar. The dockets are
unnsnally light, and no oases worthy of
notice have been disposed of, and the
minds of the people have been diverted
to the consideration of other and im
portant interests.
On Monday, at 2 o’clock, p. m., a
large crowd of ladies and gentlemen as
sembled in the Methodist Church to
bear an address to the Grangers by Gen.
A. H. Colquitt. The speaker was intro
duced to the audience by Col. James T.
Reid, who felt honored in presenting a
gentle r an the purity of whose patriot
ism had not only been tested on many a
hard fought battle field, bnt more re
cently by his zeal and interest in the
great cause of agriculture.
The speaker reviewed the evils re
sulting from an abused system of agri
culture, the correction of which was the
object of the Grange movement. The
only hope Oi reformation and permanent
prosperity in the country was in raising
abundant supplies for man and beast at
home. The address was well reoeived,
and it is hoped will accomplish great
good.
One amusing feature of the occasion
was that strangers to your correspon
dent thought he was the man to make
the speech. Entering the church in ad
vance of the General, he was the object
of. attraction, and wonder that he did
not go to the stand, where he belong
ed. But ignorant of the signs, grips
and passwords of the Order, he oould
cot arrogate to himself such a position.
On Tuesday Col. James T. Reid de
livered an address in the Court House on
the same subject. He said it was the first
time tjiat planters had ever been united
for their own interest and protection.
One of the leading objects of the Grange
was to induce its members to make
money before spending it, and always to
spend less than they made. He depre
cated the legislation of the State, which
had been prejudicial to the interests of
the farmer, and in favor of merchants,
banking corporations, &c. Bethought
the Legislature ought be composed of
men who were in sympathy with the
farming interests of the country, as this
was the fonndation of all onr prosperity
and happiness. On the whole the Colo
nel gave qs a good speech, * nd it is grat
ifying to see men of his profession en
listed in suoh a noble enterprise. At the
close of his address Hon. G. J. Orr,
State School Commissioner, gave ns a
lengthy yet logical and forcible discus
sion of the subject of common school
edupatipn.
He advocated amendments to the com
mon school system, which he thinks im
portant to its snccess in accomplishing
the great work for which it was design
ed. As he intends to canvass the State
in this interest, I may, on a future occa
sion, police more particularly hi plan
for improving tfee system fee so ably and
efficiently represent#,
The farmers of Taliaferro are in high
spirits over the great snccess achieved
in the grain orop the present year, and
will doubtless be enconraged to sow
more extensively of wheat and oats the
approaefeing season. Cotton at 11 c nts
and bacon at 18 cents has persuaded a
good mw to beifrye tfeat they pan raise
hogs, not a few of whom J am glad to
learn have raised enongh to do them an
other year. Visitor.
THE WINDSOR KILLING.
Farter Killed Sy XU Sheriff Jar
dan Not Present.
We stated yesterday morning that a
notoriously desperate character, named
Porter, had been shot and killed at
Windsor Turnout by Sheriff Jordan, of
Aiken county, and a posse of six ne
groes. We learned yesterday that onr
information was not correct. Sheriff
Jordan was not present and knew noth
ing of the affair. The killing was done
by six negroes wfep had a warrant for
Porter’s arrest, issued by a Trial Justice.
The negrdes approached Porter, who
’was sitting on the platfor ea of the 'depot
at the turnout and shot him without
warning. A heavy load of bnokshot was
fired into iua breagt nd be died instant
ly. The negroes did nqt exhibit their
warrant. Porter was a desperate char
acter. He had killed several men and
attempted the livee of others, his latest
exploit being an attempt upon the life
of Mr. Simon Brown, of Blackville, S.
C., a few weeks ago, while that gentle
man was on the South Carolina Rail
road train. He went by the name of
Hntto for some time-
A correspondent writing from Aiken,
yesterday, says; “The six negroes, Ben
Kitchinns, Juba Johnson, Joe Kitch
ings, Wesley Kitchings, Pinck Corley
and Anderson Evans, who mnrd6red Mr.
Soutfe Portey at Windsor in this county
yesterday aftejrliosn, were arrested here
this morning by f homfeer of jrmed men
who had been sent by a Tnal Justice
from tb® spene of the ofetragp to make
,1- aweet. mrikf ftp fetorning ifetonae
tnt, —availed, m 4 St 88* time
excitement p. J i, Tae fe won ld be
it was thought Judge - -*renoe
called in, but by the timely mtei-
of several influential citizens snch an
act was qnelled.”
Western, the Pn#ili*t.
New York, September 2-—Weeden,
the pugilist, who killed Walker in the
prize fight, at Pennsville, N. J., had just
.arrived on a Pennsylvania railroad train
and crossed over the river, when he was
arrested. This morping he and James
Somerset alias Richard Goodwin,
Weeden’s trainer, who was arrested with
him, were brought np at the Tomb#
Court and remanded. They will probably
be surrendered to the New Jersey au
thorities upon a requisition from Gov
ernor Bedle.
THE SUPREME COURT.
DECISIONS R KINDER ED IN AT
LANTA, 04., 4UOUST 2#, 1870.
{Reported Exclusively for the Constitution by
Henry Jackson, Supreme Court Reporter .]
Crawford, exeentor, vs. Sims et al. In
junction, from Schley.
Warner, O. J.
This was a bill filed by the complain
ant against the defendant praying for
an injunction and the appointment of a
receiver. Upon hearing the motion to
show cause, the presiding Judge refus
ed to grant the injunction prayed for,
and the complainant excepted. The
equity of the complainant’s bill, as al
leged therein, is that he is a judgment
creditor of one Sims, that the debt due
him is for the purohase money of a cer
tain described traot of land which he
has had levied on, but which has been
claimed by one Sparling under a pau
per affidavit, that the land has greatly
depreciated in value and is continuing
to depreciate, and will not be sufficient
to satisfy oomplainant’s debt, that Sims
is insolvent, and that the claim has
been interposed to prevent the collec
tion of his debt. Whereupon he prays
for an injunction and the appointment
of a receiver to take possession of the
property. The complainant does not
seek for the appointment of a receiver,
on the ground that the land levied on.
is specially charged with the payment
of his debt, or on the ground that he
has any speoiflo lien thereon, but only
claims a general lien on the land as a
general judgment oreditor, and suoh
being the case, there was no abuse of
the discretion of the Chancellor in re
fusing the injunction and the appoint
ment of a receiver. Besides, Sims was
a necessary party to the bill, whereas
there is no process of subpoena prayed
against him. Spurling is the only par
ty required in the prayer of complain
ant’s bill to appear at the next term of
the Superior Court to stand to, abide
and perform the decree of the Court.
Let the judgment of the Court below (
be affirmed.
Querry A Son, for plaintiff in error.
Hawkins & Hawkins, for defendants.
Crump, Administrator, vs. Williams.
Appeal, from Franklin.
Warner, C. J.
This was an appeal from the Court of
Ordinary of Frauklin county on a rule to
show cause why Crump, administrator'
de bonis non, with the will annexed, of
•Johnson Williams, deceased, should not
be removed as administrator aforesaid,
•>n the several grounds therein set forth.
On the trial of the appeal in the Supe
rior Court, the jury, under the charge
of the Court, found a verdict in favor of
the movant, whereupon the administra
tor made a motion for anew trial on va
rious grounds, which was overruled by
the Court, and the administrator except
ed. There is no conflict in the evidence
that the administrator did not manage
the estate as directed by the will of the
testator, or in accordance with the re
quirements of the law, but it is insisted
in his behalf that although that may be
so, still the estate was not injured, but
on the contrary was benefltted by the il
legal aots of the administrator. This
defense by the administrator is not suffi
cient to prevent his removal under the
provisions of the 2,511 section of the
Code. An administrator oannot be al
lowed to violate the public law of the
.-state in the management of the estate
entrusted to him, and then be heard to
Say that such violation of the law was
for the benefit of that estate, when called
on to show cause why his letters of ad
ministration should not be revoked. The
Court erred, in our judgment, in charg
ing the jury “that if either the defend
ant or his securities are likely to beoome
, insolvent, then they should And for the
plaintiff.” • The removal of the admin
istrator on that ground was discretionary
with the Ordinary, and the Court shonld
have charged the jury that they might
so find. But in smuch as the uncontra
dicted evidence in the record is suoh as
to require the verdict rendered by the
jury on the other grounds alleged for
the removal of the administrator, not
withstanding the aforesaid error, we will
not disturb it.
Let the judgment of the Court below
be affirmed.
J. B. Estes, J. F. Langston, for plain
tiff in error.
S. P. Thurmond, for defendant.
Moore vs. Hawks. Appeal, from Mad
. ison.
Warner, O. J.
The plaintiff instituted suit in a Jus
tice’s Court on the following paper:
“Athens, Ga., May 22, 1875.
“On or before the first day of Novem
ber, 1875, I promise to pay to W. H.
Beack & Son, or order, eiguty-four dol
lars for value received, being for 2,800
pounds of the W. & C. superphosphate
manufactured by the New Jersey Chem
ical Company, sold and guaranteed by
said W. H. Beach & Son under analysis
of the Inspector at Savannfth, to the ex
tent of his analysis, and no more.
“[Signed] Thos. D. Hauks,” [Seal.]
This paper and the lien accompanying
it was assigned in blank to A. M. Moore,
the plaintiff, by W. H. Beach & Son.
The defendant pleaded that the fer
tilizer mentioned in said paper was
fraudulently represented to be a good
and valuable fertilizer, when in fact it
was worthless and of no value as a fer
tilizer; that the plaintiff, Moore, was
not the real owner of the paper, but
that the same was the pioperty of Beach
■v Son at the time of the commencement
of the plaintiff’s action. On the trial
before the Justice judgment was render
ed for the defendant. An appeal was
taken therefrom to the Superior Court,
on the trial of which the jury, under the
charge of the Court, found a verdict in
favor of the defendant. A motion was
made for,a new trial on ihe various
grounds therein stated, which was over
ruled by the Court, and the plaintift ex
cepted. The main controlling question
in the case is whether the plaintiff -was
the bona fide holder of the paper before
it became due, or whether it was still
the property of Beach & Son, the origi
nal payees thereof. The evidence for
the plaintiff is that he purchased the
paper from Beach A Son on the 3d day
of July, 1874, bona fide and fora valua
ble cohsi >eration, and wi-.hout any no
tice of the failure of consideration or
fraud i its procurement, and that he
sent the paper with others to W. 11.
Beach A Son to collect the same for him
and on his account as his agents. In
order to show that the paper sued on was
still the property of Beach & Son, the
defendant offered in evidence several
letters written by Beach A Son to
Carlton, bearing date subsequent to
the date of the transfer of the paper to
the plaintiff, and which had been pro
duced by Carlton under a subpoena dues
teoum. The plaintiff offered in evidence
two letters, being part of the correspon
dence whiph w aß produced under the
subpoena dues tecum at the instance of
the defendant, tor the purpose of ex
plaining and rebutting the effect of the
other letters, so far as the same affected
the plaintiff’s title to the paper sued on.
The Court refused to allow the two let
ters thus offered to be read to the jury.
In oqr judgment, this refusal was er
ror. If tlje plaintiff did become the
bona fide indorsee and holder of the pa
per on the third day of July, 1874, then
Beach & Son could not afterwards talk
and write_away his title to it without his
consent. Inasmuch as the defendant
sought to defeat the plaintiff's title to
the paper by letters written by Beach A
Son subsequent to the date of the trans
fer of the note to the plaintiff, the whole
of the correspondence, including the two
letters rnled out, should have been read
in evidence to the jury, especially as the
rejected letters recognized the plaintiff’s
title to the paper sued on, and have date
prior to some letters offered in evidence
by the defendant. All the other grounds
of error specified-in the bill of excep
tions are overruled and the new trial is
granted solely on the ground that the
Court erred in ?nling out the two letters
offered in evidence by the plaintiff as
specified in the bill of exceptions.
Let the judgment of the Court belqw
be reversed.
Cobb, Erwin A Cobb, for plaintiff in
error.
S. P. Thurmond, for defendant.
Daniel vs. State. Murder, from War
ren.
• Wabneb, 0. J.
The defendant was in4ioted for the
offense of murder, and on the trial
therefor the jury returned a verdict of
guilty, with a recommendation to the
mercy of the Court. A motion was
made by the defendant for anew trial
on the several grounds tberin set forth,
which was overruled by the Court, and
the defendant excepted. It appears
from the evidence in the record that the
defendant Vpnt to a bouse where the de
ceased yas (not bis oyn house) and ask
ed biqi “wbat lies b e bsd had been tell
ing ‘on bic.” i)ecease4 replied, “Go
away, Josh, I dop’t care if yoq neyer
speak to me again." They continued
giving each other the lie, when
said would pot quarrel with
business, and went out of thehonse; de
fendant followed him and picked up a
piece of an old stump lying near the
door about three feet long. Deceased
went to the edge of fb# and picked
up an ue lying there, the age rating on
the groand.ln that portion they Con
tinued giving each other the lie, when
deceased said, -‘I ain’t telling no he
Defendant told him if be said that
again he would kiU him. appeared to
mt mad, lumped at deceased and wrung
the axe out ot his hands, and told him
God damn him, he would kill him, and
struck him on the head with the axe, ’
which blow killed him, breaking his
skull; struck but the one blow. One of
the grounds of the motions for anew
trial is, that one of the jurors, after be
ing oharged with the CBse, was allowed
to separate from the jury without being
accompanied with any officer, and to go
aaross the street to the storehouse of
Jones, in the town of Warrenton, one
hundred yards from, the Gonrt House,
and return; that there was a crowd of
persons there, through which the juror
was obliged to pass, and did pass, in go
ing to and returning from said store
house.
The fact of the separation of the ju
rors as alleged is not denied, but he
states in his affidavit that he went to the
store to get his overcoat; that he did not
speak to any one, and that no one spoke
to him abont said case, but the juror
fails to state in his affidavit that he did
not hear any person or persons in the
crowd thronght which be passed speak
ing or expressing their opinions abont
the case. One of the reasons why the
law requires j arcus to' be kept together,
separate from the orowd of people who
may have heard the trial as well as
others is, that they may not be influenced
in rendering their verdict by the expres
sion of the opinions of others, or by
popular clamor. When the law was vio
lated by the misconduct of the juror,
the legal presumption was that the de
fendant was injured, and it was incum
bent on the State to have rebutted that
legal presumption, not only by evidence
that the jnror did not speak to any one
himself nor did any one speak to him
abont the oase, but that he did not hear
any one in the orowd which he passed
express any opinion in relation to the
oase. Jurors are as liable in oar day
to be influenced and controlled by pub
lio opinion as Pilate was in his day,
when, by the clamor of the multitude,
he consented to deliver np onr Saviour
to be eruoified. The polioy of the law
is to protect jurors from all- such influ
ences and temptations iu trial of crimi
nal oases, as well as the defendants who
may be injured thereby. Iu view of the
misoonduct of the juror Bicketson and
other irregnlarities complained of at
the trial, we reverse the judgment of the
Court below and order anew trial.
Judgment rever ed.
Seaborn Reese, for plaintiff in error.
Samnel Lumpkin, Solioitor-Geneal.for
the State.
Brown, administrator, vs. English et. al.
Injunction, from Greene.
Bi.eoki.et, J.
1. Upon a bill without equity, the
Judge is not obliged to order that cause
be shown against granting injunction.
He may refuse the injunction at onoe,
on inspection of the bill; first hearing
argument and authority from oomplain
ant, if any be offered.
2. Matters disposed of on plea or an
swer at law, cannot be urged, after
judgment, as cause for eDjoining the
judgment. They are res adjudicata. —
Other parties than those then before the
ourt were not requisite to render
available the particular matters in ques
tion*
3. A contingent liability to whioh the
estate is exposed, known to the admin
istrator before a judgment was rendered
against him at the instance of distribn
tees, and not pleaded to the aotioD, will
not serve as the basis of an injunction
to restrain the collection of the judg
ment, the liability being no less contin
gent now than it was then.
4 The time to file a bill of inter
pleader is before judgment for the fund
has been rendered in favor of one of the
claimants, against the stake-holder.
6. Failure to enter a credit on the ft.
fa. will not warrant injunction to arrest
levy and sale.
Judgment affirmed.
Lewis A Son, James L. Brown, E 0.
Kinnebrew, for plaintiff in error.
Columbus Heard, by Orr A Lewis, for
defendants.
Farmer vs. Taylor. Claim, from Talia
ferro.
Bleckley, J.
1. The bankrupt system of the United
States acts only on the relation of debtor
and creditor. It adopts the State ex
emption laws, in so far as they bear
directly on that relation and apply to
liabilities incurred before the bank
ruptcy; but collateral provisions in those
laws, touching the relation of husband
and wife, or of parent and child, are no
part of the system.
2. The brankrupt’s title to his exemp
ted property is not impaired or affected
by the adjudication or any of the sub
sequent proceedings. Land set apart
to him by the assignee as exempt does
not vest in his wife or family, uuless the
local law be complied with in respect to
platting it and recording the plat in the
proper office of the county. This may
be done before or after the proceeding
in bankruptcy, but until done, the bank
rupt may convey, free from any olaim
by his wife or children.
Judgment reversed.
M. P. Reese, George F. Bristow, for
plaintiff in error.
James F. Reid, by Sidney Dell, for
defendant.
Georgia Railroed Company vs. Neely.
Bleckley, J.
1. In Georgia, ordinary domestio ani
mals and railroad trains are equally
free, as respects each other, to pass over
nnenclosed lands. If they oome in col
lision, with damage to either, the dili
gence of their respective owners will be
come material on the question of com
pensation.
2. What will excuse, and what will
mitigate, where stock is killed by a lo
comotive?
3. Full diligence, in this oase, estab
lished by the company.
4. Negligence is matter of fact, not
of law.
5. Does the fi st proposition, in sec
tion 2972 of the Code, apply to other
than personal injuries? Q :sre.
Judgment reversed.
W. M. & M. P. Reese, Samuel Lump
kin, for plaintiff in error.
Whitson G. Johnson, for defendant.
Alexander Chappell vs. Uriah Boyd, et
al. Injunction and receiver, from
Webster.
Jackson, J.
1. In attesting an affidavit to a bill in
equity, a Notary Public need not affix his
seal. It is Dot such a notorial act un
der section 1502 of the Code as requires
a seal for its authentication.
2. Process bearing attest in the name
of the Honorable James M. Clark, of
said Court, leaving out the word
“Judge,” is good, especially if no excep
tion be taken to it until after judgment.
3. Where the bill alleges that vendor
of lands, wno gave bond for titles to ven
dee on payment of purchase money, has
only received half the purchase money
and is sued for that half, because it was
not the money of the vendee but that of
his wife, and that he has sued to judg
ment the other half of the purchase
money and levied it upon the land, hav
ing first made deed thereto solely for the
purpose of selling the land to make his
money nnder the statute, Code §3686,
when he was met by a claim of the wife
to the land, on the ground that her
money paid for half of it and that was
all it was worth, and that this claim case
after delays from time to time was de
cided against the wife by the jury and
Court below and this Court on appeal,
and on again re advertising for sale he
was met by another claim, wholly frivo
lous and intended for delay only by the
bro her of the wife holding pretended
title under deeds from husband an >
wife, made after the decision of the first
claim case for an inadequate price in
the form of a promissary note, payable
in 1878, with possession retained by
husband and wife without rent, and that
this latter claim, like the former, is in
forma pauperis, and that the parties
are all insolvent, and that the land is
constantly deteriorating in value, so as
now not to be worth the remainder of the
purchase money with interest, and that
the husband and wife and brother have
concluded to delay the complainant and
keep the lapd in litigation interminably
with a view to enjoying the rents and
profits thereof until the same is worn
out, and that the defendant in ji. fa. has
openly boasted that he would do so
without paying another dollar, and
where all the circumstances of the case
and accan)panyii}g papers and deposi
tions show the truth of the case made
by the bill and the frivolity of the pre
tended claim, and the prayer is for an
injunction to restrain the defendant in
execution and his wife from procuring
any otfier persons to pqt in such claims,
and farther delaying ihp complainant,
and for the appointment of a receiver to
take possession of the land and hold the
same until the pending claim by the
brother is tried;
Held, That there is equity in the bill,
and that the injunction should be
granted and the receiver appointed; but
as the claim by -he wife was not decid
ed, and tfie application for a.receiver
was not made qntil the growing crop
was plante4, (hat the receiver be in
structed to alio® defendants a reason
able time to gather the present crop,
and the use of the tenements and
premises for that purpose until that is
done,
Judgment reversed.
Guerry & Son, for plaintiff in error.
-John B. Wojrill, for defendants.
Grimes et al., vs. Little et al. In Equity,
from Hancock.
Jackson, J,
1. When two trustees deal yith
other, both believing that authority
exists for one to purchase from the
other a fall tract of land when the au
thority really extends only to part of
the tract, the trust estates will be tea
ants in common in equity; the vendee
owning, when paid for, all that oonld
be legally purchased, and the vendor
the balance, it beiDg unpaid for. After
the land has greatly depreciated, par
tition, and not rescission, is the remedy
for adjusting equities between the par
ties.
2. When a party collaterally inter
ested is brought in as one of the defend-,
ants to a bill for adjusting such equi
ties, and he answering the bill prays
equity in his own behalf, and the facts
make his equity against a co-defendaut
apparent, the deoree should settle his
rights as well as those to the original
transaction.
3. In decreeing a petition the chan
cellor shonld not assume that the aver
age value per acre of the whole tract
will hold as to each acre or a given num
ber of acres separarely; the land shonld
be divided by metes and bounds accord
ing to aotual and not average value; or
if that cannot be done, it should be sold
and the prooeeds be divided.
4. Such amendments of the pleadings
may be made as will enable all the par
ties to reach that equitable relief to
which they are severally entitled.
Jndgment reversed.
George F. Pierce, Jr., J. T. Jordan,
for plaintiffs in error.
C. W. Dußose, by SeabornJßeese, for
defendants.
Lester and Hunnioutt, Administrators,
et al, vs. James D. Mathews. De
murrer, from Oglethorpe.
JAOKBON, J.
1. A temporary administrator oannot
bind the estate by a contract to pay fees
to resist the setting up of a will on an
issue of devisavit vel non. His business
is to collect and to take care of the ef
fects of the deceased until permanent
letters, are granted, either letters testa
mentary or of administration, as that is
sue may determine; he has no authority
to involve the estate by employing coun
sel for or against the will.
2. Nor can a permanent administra
tor ratify such a contract made by the
temporary administrator and the chil
dren of the deceased so as to bind the
estate, either by payment of part of the
fees or otherwise; nor can he make the
illegal oontract of the temporary admin
istrator a valuable consideration to sup
port his promise to pay by ooupling
with it future servioes to the estate. He
may employ counsel according to the
exigencies of the estate, Code 2,543, but
such an employment must be distinot
from the assumption of illegal contracts
made by his temporary predecessor.
3. The words “expenses of adminis
tration” in the statute, Code 2,533, do
not include eounsel fees against a will
on an issue of devisavit vel non, nor do
they of themselves, in a verdict or con
sent decree, include such fees; nor can
the oonsent verdiot or deoree be amend
ed on a common law declaration to re
cover the fees. It must be done by re
gular proceeding in equity or at law for
that purpose with proper parties and
pleadings. 30th Oa. 191.
4. If the administrators reside in the
county giving the Court jurisdiction,
and all the other defendants in other
oounties, and there be no eause of action
against the administrators, the Court
will not have jurisdiction of the non-re
sidents of the county, though a good
cause of action exist and is alleged
against them. The suit will be dismiss
ed as to all, the uon-residents having
the right to be sued iu the counties of
their own residence, or that of some of
them, if the contract be joint.
Judgment reversed.
Cobb, Erwin & Cobb, for plaintiffs in
error
John 0. Reed, Samuel Lumpkin, for
defendant.
THE COTTON TKAOE.
Augusta's Business in the Great Staple—Re
ceipts Since September Ist, 1875.
The cotton year closed Thursday, aud
the count for the new season commenced
yesterday. By comparison of the re
ceipts at this point during the year just
past and those of 1874 5, we note that
there is a falling off in 1875-0, of 8,827
bales, the receipt? of 1874-5 amounting
to 178,383 bales, and those of 1875 6 to
169,556 bales. The receipts for 1873 4
were 200,017 bales. The stock on hand
at the close of business Thursday was
smaller than at the end of any season
for many years past, amounting by ac
tual oonnt to 635 bales. The stock on
hand at the same day last year was 908
bales and the previous year, 5,488 bales.
We feal assured that none of the oot
ton trade haß been diverted from Au
gusta to other channels. The great
facilities offered by our city for the
storage and the sale of cottou are well
known to the planting community, who
will continue to send their produce to
Augusta in spite of the outside in
fluences brought to bear to induce them
to do otherwise. When the proposed
new lines of railway through Eibert,
Lincoln and adjacent counties are com
pleted there is no doubt but that the
cotton trade of Augusta will be largely
increased.
Our factors and warehousemen are pre
paring for an active business. Already
the new crop is commencing to oome iu,
and while the receipts have as yet not
been large enough to have any percepti
ble influence upon trade, they indicate
what is to come in the near future.
Averaging esch bale of cotton received
in Augusta daring the past commercial
year at 450 pounds, and the price at 10
cents, we have*in gross $6,730,020 as
the sum total realized from the sale of
the cotton received at this point dnriDg
the oommeroial year just ended.
The receipts at all Uoiled States port,
for the year were 4,107,135 bales.
JACKSON COUNTY.
Letter from Our Traveling Correspondent.
Jefferson, Jackson Cos., Aug. 31 1876.
—The Augußt term of the Superior
Court convened here Monday morning,
Judge Rice presiding. Albert L. Mit
chell, Solicitor-General, is at his post.
The following visiting attorneys are
present: Judge John J. Floyd, of Cov
ington; S. P. Thurman, Fsq , A. S. Er
win, Esq., Pope Barrow, Esq , C. W.
Hill, Ei-q , Emery Speer, Esq , Athens;
J F. Langston, Esq., J. B. Estes, Esq.,
W. 8. Marler, Gainesville; D. H. Walk
er, Esq , Munroe; Gabriel Nash, Esq.,
Danieisville.
Local bar: W. J. Pike, Esq., Howard
& Howard, J. B. Hi I man, Esq., M. M.
Pittman, Esq , J. A B. Mahaffey, Esqs.
One case has attracteira great deal of
attention —the suit of Moses Smith for
one-third interest of a mill property,
valued at six thousand dollars.
One of the parties is a relative to
Judge Bioe; aud by consent of counsel,
J. F. Langston, E-q , is trying the oase.
Judge Bice is taking some rest as he
needs it. The attorneys in this case are
able men. For defendant: S. P. Thur
man, Esq., Floyd & Silman, Esq., and
M. .vi. Pitman, Esq. For complainant:
A, S,*Erwin, Esq., W. I. Pike, Esqs ,
and W. S. Mosler, Esq. The case has
been going on two days and yet it will
take all day before closing—making
three days in all.
There has been a very small attend
ance at Court. The farmers are saving
their fodder and some few have ootton
to pick out.
Jefferson is a town of some five or six
hundred inhabitants, with three dry
goods stores that seem to do a good
business. It has two churohes, Metho
dist and Baptist, and a fine school, the
Martin Institute, Professor J. W. Glenn,
principal, assisted by Professor S. P.
Orr and Miss M. E, Orr. Miss Lizzie
Burch is musio teacher. The institute
is endowed with one hundred and fifty
shares of the stock of the Georgia Rail
road and Banking Company. Last ses
sion the school had abont one hundred
pupils. Jefferson is quite a healthy
place wi#h good society. It is nine
miles from the Northeastern Railroad.
A number of young ladies come here
from a distance.
There is a weekly paper published
here by the Jaokson County Publishing
Company, with Malcom Stafford as
managing and business editor. He is a
polite gentleman, and the proprietors of
the Forest News may feel prond that
they secured his services. The people
are proud of the paper and will give it
a good support, which they should, as
it is gotten qp well and is a handsome
county paper. Col, Christy, that old
veteran and able editor, was here look
ing after the interest of his paper, the
Southern Watchman. Mr. Bichie was
in here looking after the interest ot Dr.
H. H. Oarleton’s paper, the Athens
Georgian- ?. .W. Red wine was
here speaking in the interest of
the Gainesville Eagle. Mr. Bed
wine is a young man with fine
address, mu ch of a gentleman, and
will make a good newspaper man.—
The Chronicle a Sentinel was repre
sented by*your traveling correspondent.
All the old subscribers were anxious to
help me procure new names. I will send
anew list of twenty-five subscribers to
the Cu ONipLE and Sentinel. I hope
to have the assistance-of all my old sub
scribers in Gwinnett, Hall, Banks,
Franklin, Habersham, Babun M^White.
Ex-Gov. ey*wer*o DeoUian Irrevocable,
Utica, N. Y., September 9 —Senator
Enr on, Hon. Beutt Lord and other
prominent D moorats, went to Deerfield
this moreing, and received f rat Gov.
Seymour a refusal to withdraw or modi
fy his absolute declination to allow the
use of his name as a candidate for Gov
ernor, |
A Northern bound train on the
sas Boad struck a wagon containing six
persons. Two are dead, one dying and
other seriously hurt.
YELLOW FEVER. *
IHow to Treat the Dieeaee.
We itfve below an article from the
pen oi a New Orleans lady, clipped
from the Republican of that city, in
regard to treatment of the disease,
whioh is well worth the careful atten
tion of the reader :
There is no disease of which strangers
have so much fear as of the yellow
fever. There is no disease more easily
managed if enly taken in < ime and the
proper course pursued. I speak from
the experience of over twenty years in
Louisiana. Doctors may differ as they
will, and try to enhance their import
ance by learned theories on the causes,
symptoms, treatment, etc. Ido not
pretend to know the canse, or Whether
it is oontagious or not, although I am
inolined to think it is not, bat I do
know \he symptoms and proper treat
ment. I have nursed hundreds of per
sons with yellow fever, and in all cases
where the patients were taken in time
and properly treated they recovered,
and where the oontrary oonrse was pur
sued they invariably died.
Symptoms.
Headache; pain in the back and
bones ; sometimes a slight shivering at
first ; then flushed face ; eyes inflamed,
aud often bloodshot ; pulse full and
quick ; skin dry and feverish ; some
times sickness of the stomach, but not
often at the beginning of the disease.
Treatment.
As soon as the patient feels all or any
of these symptoms, even if he should
not be satisfied that he has the yellow
fever, he had better be treated for it, be
cause the treatment for yellow fever will
do for other fevers, but the treatment
for other fevers will not do for yellow
fever. There is no time to trifle with
yellow fever; a delay of a few hours has
often proved fatal. “If we err, we had
better err on the safe side.” The first
thing to be doue is to undress, go to bed
and oover up with blankets. Let
_ A Font Botli
Be prepared as quick as possible; let it
be as hot as the patient oan bear it, with
plenty of good strong, mustard in it (at
least a cup full). Let the bath be given
in a good-sized foot tub, while the pa
tient is lying on his back in bed, so that
the blanket will cover the foot tub and
patient at the same time. Let the feet
remain in the bath about fifteen minutes,
then give the patient a simple dose of
medioine, it may be oastor oil or oitrate
of magnesia. The latter is by far pleas
anter to take; a bottle of it may be taken
in two doses with an interval of one or
two hours. Keep up a gentle perspira
tion as long as the fever lasts. If the
skin should beoome dry, give another
foot bath. Let the patient remain quiet,
Free from all Excitement.
He must be watched continually to
keep him from throwing off the bed
clothes. He is sometimes delirious;
keep cloths wet frequently in ice water
to his forehead. Let his drink be ice
water, ice lemonade; do not give too
much for fear of disturbing the stom
ach. Let no purgative be given after
the first day; if the bowels are not free
enough, other means cau be resorted to.
By all means let the patient be kept
perfectly quiet. The fever never entire
ly subsides before seventy-two hours
from the time it comes on. At the end
of that time there is almost always sick
ness of the stomaoh; the patient must
not be let vomit; a mustard poultice put
upon the chest will prevent it. Let the
patient also swallow some ioe pounded
in a towel until it is almost like snow.
If the patient is very weak when the
fever leaves him, let
A Little Stimulant
Be given, say a teaspoonful of the best
brandy in a little ioe water and white
sugar, to be repeated every half hour.
Quinine may also be given as a tonio
with very good effect; say one or two
grains at a time. Let it be remembered
that while the fever lasts, viz: during the
first three days, no food whatever
is to be given. After the fever is gone
and the stomach is perfectly quiet, that
is, about the fourth or fifth day, if there
is no jrelapse, food may be given, but of
the very lightest kind, and in the very
smallest quantities; say a little rice grn
el, corn starch, chicken water, beef tea,
a little tea and toast, and so on. Let the
patient not attempt to get up before the
eighth day, no matter how well he feels,
for
A Relapse
Is nearly always fatal, and with the yel
low fever one suffers so little that he
thinks he is well when be is not. I do
not pretend to say that we shonld be in
dependent of a physioian. Let one be
send for by all means where the parties
are able, bnt let the physioian be one
who has lived in a Southern climate long
enough to beoome thoroughly acquaint
ed with the diseases of the South, other
wise you had better have none. If these
simple remedies are applied there is not
the slightest danger but that the patieDt
will recover. I would observe, also, that
the patient must be kept as cheerful as
possible without being excited. Let the
nnrse not be changed if it oan'be avoid
ed. Everybody who knows anything of
yellow fever knows there is more in good
nursing than there is in doctoring.
We learn that during the fever the pa
tient will be greatly benefited by an in
fusion of fresh orange leaves, steeped
in boiling water, taken at intervals.
The tea keeps np free prespiration and
affords great relief to the patient.
Savannah, September 2.—The first
official report of the fever published to
day shows 256 oases since August 21,
ult., and 40 deaths.
New case-i of fever. 21; deaths, 6; in
terments for to-day not yet reported.
OGLETHORPE COUNTY.
Weather—Crops and Politico.
Editors Chronicle and Sentinel .*
OolethorpeCounty, Ga., August 29,
1876.—The warm, summery month of
August is nearly done, and we are onoe
more on the verge of Autumn. Already
the days are growing shorter, and the
temperature in the early part of the day
is pleasantly invigorating. The heat
during the month in the up-oountry has
not been so uniformly intense as in
some years. During the early part of
the moDth the temperature was com
paratively mild. For the past week or
two, however, the weather has been very
warm, aud in some parts of the country
quite dry. Upou the whole, the season
Las been very favorable on crops. I
think I may say without the least exag
geration that the crop prospect is the
best for years past. I am inolined to
think that more corn will be made in
the country than any year since the war;
upland corn, especially, has done well.
Cotton is less promising than oorn. In
some parts of the county it has been
damaged by the dry weather duriDg the
last two weeks. Other crops, sneh as
peas and potatoes, where they have re
ceived the proper attention, give promise
of a good yield. I shonld not like to.
venture a conjecture as to the number
of watermelons that have bGen raised in
the county during the season.
The future of onr connty seams full
of promise. The least sanguine cannot
fail to find many things to inspire hope.
But the woik of recuperation is but
fairly commenced. One good crop and
one year’s economy will not restore to
our people permanent prosperity. Let
us keep before our minds the bitter ex
periences and the salutary lessons of the
past few years. ■ The history of our ag
ricultural interests for the last decade
amounts to an actual demonstration,
that the cultivation of a sufficient oorn
and small grain crop, to supply home
consumption, together with proper
economy and intelligent industry, will
insure prosperity; while large cotton
crops and extravagant amounts will re
sult disastrously to all of our best in
terests. Perhaps not the least hopeful
indication for the future prospect of
low a price for cotton this Fall. Despe
rate cases require desperate remedies
and nothing will perhaps induce the
Southern people to devote less attention
to cotton than a continned low price.
Political matters are creating quite a
stir in the county. Local politics es
pecially attracting much attention. The
primary election for Democratic candi--
dates for the Legislature is to be held
next Monday, the 4th instant. The con
test seems to have narrowed down to
four candidates; Messrs. Frank Pope
and John Daniel are placed against
Messrs. James M. Smith and W. G.
Johnson. The raoe promises to be very
close. I think it quite probable that
Mr. Smith—l believe he has no civil or
military title—will be one of the nomi
nees. The Senatorial nomination is
still in abeyance. Philip Fabxebson. *
TAX COLLECTOR OF TALIAFERRO.
Obawpobdyille, Ga., August 30.
Editors Chronicle and Sentinel :
Our worthy and esteemed fellow-citi
zen, John T. Atkins, has consented to
the nae of his name as a candidate as
Tax Collector at the ensuing election.
He lost his right foot in the war, and
while it is well known he would be will
ing to labor for a living in the field, it is
as well known he cannot follow the plow
in his condition. He was born in Greene
county, where his aged father now lives,
stricken with poverty and total blind
ness. He lost three bro bers, who died
at their post on the battle field, and is a
brave, upright, honorable man, now re
duced to poverty by mislortune. He
will be supported by Manx Voters.
!■
Nxy Orleans, September 2.—J. B.
Packard baviug accepted the Bepubli
can nomination for Governor, has sent
in his resignation as United States Mar
shal.
