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Address WALSH A WRIGHT,
< A Sentinel Angus'* Oa.
(Ttjromcle and Sentinel.
WLDNEKDAY....OCTOBER 4, 1876.
The Atlanta Constitution denies that i
Senator Howxll has purchased Col.
Clalkk’s interest in that paper.
—
Honest John J. Hat ns kh jn gives as an i
instance of the terrorism existing in
Booth Carolina, the refusal of “an o'd
resident of Columbia” to speak to him.
We believe that even at the North a
gentleman may refuse to speak to a
rogue without being charged with in
timidating him.
Wk publish this morning a letter
from Aiken county giving a truthful and
thoroughly impartial account of the re
oent troubles in Boutb Carolina. Tbe
writer was at the scene of aotion and
knows whereof he speaks. We com
mend his narrative to the Northern and j
Western press.
Thh Republican Convention in the
Ninth District nominated Mr. Joshua
Hill, of Morgan, to ran against Mr. B.
H. Hill, the Democratic nominee. We
hope Mr. Joshua Hill will decline tbe
proffered indignity. We should dislike
to see a clever man so badly beaten as
the Republican candidate in the Ninth
is bound to be.
Seobktaby Robeson’s private secretary
seems to have been nicer about his as
sociates than tbe President. When a
Congressional committee exposed the
corruption of his employer he evident
ly couldn’t stand tbe companionship,
and went off and committed suioide.
General Grant still cherishes robber
Robeson, and takes him to his heart for
friend.
The benighted Boston Olobe speaks
of “Honest John” as “General Patter
son.” If skulking out of the army du
ring the war, aud stealing assiduously
ever sinoe, make a man a general, “Hon
est John” is entitled to his spurs. He
has led a number of daring, skillful and
successful raids on the State Treasury,
but we never heard before that he had
•“set squadrons in the field.”
AN attempt is now being made to prove that
Thomas Pains, the author of "Common bense"
and the "Age of Henson, ’’ was tbe author of
the oobbrattd Jonics letters. Sir Philip
Francis has In on generally admitted to be
their author.—Houston Telegraph.
Hon. Alexander H. Stephens doesn’t
“admit” any such thing, aud will fight
on it us long as he caD move an eye
brow. Perhaps the Houston man will
venture to tell him that Sir Philip
Francis wrote the letters of Junius.
The Atlauta Times, in an article warm
ly Eiid deservedly eulogistio of Hon. B.
H Hill, intimates that he will meet his
old adversary Blaine in the Senate, and
“apply vitriol to the excoriated parts” of
the gentleman from Maine, There are
others, however, equally as enthusiastic
in their admiration of Mr. Hill who
desire him to remaiu in the House,
where he can be of more service to his
constituents than in the Senate. The
Senate is considered rather a narrow
field for the orator, aud there is one
worse than Blaine coming to the House.
Butler will be there and is emi
nently a fit subject for excoriation.
The Hell Gate explosion has taken
plaop, and the city of New York is
neither blown np nor swallowed up. The
big blast did no damage except to the
rock which has so long been an obstruc
tion to navigation and a terror to marin
ers. When the fragments of rock have
been removed from the ohannel the oity
of New York will begin to reap the ben
efits of this wonderful feat of engineer
ing Roienoe. We publish elsewhere this
morning a very interesting account of
the inception, progress and termination
of the work. Dynamite seems to be a
very good thing wheu handled by Gen.
Nkwtjn instead of Thommasskn.
We have received from Messrs. La
team, Alexander k Ox, bankers and
cotton commissiou merohauts, 18 Wall
street. New York, a little volume which
shows the oottoa movement aud the
fluctuation in the price of the staple
from 1869 to 1876. It is an exceedingly
valuable book for oottou planters, deal
er* and others, e i. bodying as it does all
the statistics of the staple for several
years back. It is evidently intended as
an advertisement of the house, and to
induce persons to beoome buyers aud
sellers of “futures.” We hope, however,
that the Southern people hare suffered
enough from this species of gambling to
let it severely alone.
This is the sort of document that
Repnblioans are circulating in Laurens
county, South Carolina:
Our I’slou Lruiue By-Word—
Burn out the white man: kill his mules amt j
lienee tn the stable after night. Kill his hug' 1
and cows—keep him under. What is our little
One Dollar poll tax. so we rule the country. |
Wh j cares for One Dollar, so we keep the j
white man under. Wa are Union League men
Support the Constitution or die. L. Durr Gi
rt. Lxwia Fti.es Jr . Antony Atkinson. B. L.
Jordan. Hknrt Hill. Ephriam Youno. Boi-
Vance. Dr. Co> ticket. Thomas C. Crawford
W. H. fCTHEBTOBD. JOSEPH PITTS, AARON WIL
LIAMS. Date Floyd. Dave Smith. Dave Youno.
Abb Simpson. We mean business. Union
League, reorganised, August 21, 9, p. m.. 1576
No wonder those innocents, Chm
bkklain and Patterson, ask for protec
tion for their lambs.
The Atiorney-Gereral says that if the Dem
ocratic whites of the South insist upon organ
iung in armed bands to intimidate the negro
aud deprive him of bis rights, he sees no rea
son why the negroes thould not arm for their
own protection and meet force with force.
The Northern Republicans hare hitherto urg
ed the negroes te peacefulness and submission.
If the Bourbons continue in their violent oonrse.
a different policy will be adopted.
The Attorney-General need not trou
ble himself to suggest insurrection and
violence to the colored Radicals of South
Carolina. They need neither urging nor
arming. Tbe State has been flooded
with Winchester rifles and ammunition,
and every follower of Chamberlain and
Elliott have the the means of murder
lo*e at hand. They have been drilled
in the use of the rifle and the
torch and have shown on more
than one oocassion that they can
# use them with fatal effect. We
have no doubt that tbe Admi. istratiou
would like to see the scenes of St. Do
mingo repeated in South Carolina, but
the white people of the State may in
terpose some serious objection*
THE COTTON CHOP.
Cotton has already commenoed to
come freely into Augusta and the indi
cations are that the city will do a larger
cotton business this season than it has
done in many years. The receipts Fri
day were six hundred and sixty-seven
bales and on the day previous they
reached eight hundred and forty-two
bales. The receipts for tbe week were
four thousand fix hundred and fifty
eight bales. The total receipts for the
present season are reported at eight
thousand three hundred and twenty-six
bales as sgainst five thonsaud and thir
ty-five bales for the same period
last year. These figures show
an apparent inorease in the re
ceipts this year over the receipts
of last year of three thousand two hun
dred and ninety-one bales or nearly
forty per cent. Bat tbe receipts of some
of the warehouses are not reported this
season and the real receipts to date
are much larger than the above figures
indicate. The true receipts to date
are, perhaps, betweeu nine and ten
thousand bales.
The price of cotton is low, but we feel
a-huled that, notwithstanding the low
price, planters will make more money
this year than they have any previous
season since the war. We are equally
well satisfied that at tbe beginning of
the next season the planting interests of
Georgia and Sooth Carolina, and of tbe
South generally, will be on a firmer and
better footing than they have been at
any time since tbe surrender. When xe
say that the planters will make more
money this season than they have any
season Bince the war, of course we meaD
that their cotton crops will net them
more surplus money. Cotton has been,
since the war, as high as fifty cents per
pound, and the prooeeds of a good orop
amounted to a very large sum. But
the planter then had to purchase every
thing that went on his place, from
the baoon that fed his hands to the but
ter that went ou his bread, and the prices
of all articles bought were as high or
higher, in proportion. The purchasing
power of paper money was very small
and prices were extravagantly inflated.
Now cotton is low but the prices of
other things have declined and farming
has been conducted in such a manner
the past season a i te make tbe planter
independent in many respects. We have
taken some pains to compare the prices
of the Fall of 1872, the year preceding
the panic, with the prices now
prevailing in order to explain
our meaning. October 6th, 1872,
middling cotton was quoted in Au
gusta at 17$ cents; to-day it is quoted at
lOf. These figures indicate a consider
able deohoe—over seven oents per
pound, or about forty per oent. But at
that time planters were paying very high
prices for labor, were baying all the
corn, oats, wheat, bacon and molasses
which went on their places, paying for
these and everything else they bought
the inflation prices of ante-pauic days.
Every planter then, as we have said, pur
chased corn, oats and hay for his stock.
Let us see wha". he paid for these articles
then and what he would have to pay for
them now, if he was compelled to pur
chase:
1872. 1876.
Corn, white 90 60
Oorn, yellow 85 55
Oats, white aud mixed... 60 45
Hay, Western $1 85 $1 10
Hay, country 1 75 1 00
One can see at a glance how great has
been the decline—3o cents per bushel
on corn, 15 on oats, 70 cents on hay. In
baoon there has also been a considerable
decline, though not as great as in other
things. Bacon clear sides were quoted
in 1872 at 13$ cents, now they are qnot
ed at 11 cents; hams were then worth 19}
cents, they now bring 16 cents. Bag
ging and ties are two things which
planters cannot make ; these they must
purohase. The difterenoe in price here
is very marked :
1872. 1876,
Bagging 16$ 11
Iron ties. 10 6$
It is easy to see how much less it
oosts to put cotton in order for maiket
now than it did four years ago. Tbe
planter must buy his dry goods this
year, the same as ever, but he pays for
them much less than he ever did before,
even in ante bellum times. Here are the
figures:
1872. 1876
Factory 4 4 sheetings.. 12$ 7
Faotory sshirtingssshirtings 9$ 5
Factory drills 13 8$
Prints, Wamsuttß 9 5
Prints, standard brands 12 7
Yarns $1 60 90
His dry goods will be reduoed nearly
fifty per cent. We give below a table
showing the difference in some other
goods, all of which the cotton planter
bought in 1872, some of which he boys
now :
1872. 1876
Flonr— family $9 00 6 50
Wheat—white 1 85 1 22
Corn meal 90 6 >
Molasses 42 38
Rice 9$ 8
Salt 2 00 1 40
Sugar—Muscovado 11 10$
Sugar—C 12 10$
Plow steel 11 8
Swede iron 9 7
In every article which he purchases
this Winter will the planter find similar
or even greater reductions. Instead of
getting seventy-five dollars per bale for
his cotton he will only get forty -five dol
lars, but the purchasing power of forty
five dollars now is about equal to the
purchasing power of seventy-five dollais
four years ago. Consequently if the
system of farming had not changed st
all since 1872 the planter would be ss
well oft' now as he was then, despite the
panic, the suspension of the mills and
the stagnation of trade generally,
j But, fortunately for him, and for-
I tnoately for the country as well, the
| system of farming has changed. In
| 18?2 the planter bought everything,
j corn, hay, oqts, bacon, flour, corn, meal,
; dry goods, iron, butter, eggs and what
not. He raised cotton and ootton alone
and annually exchanged his entire crop
for the means of subsistence and anuuily
went in debt to the factor and commis
! sion merchant besides. Everything was
; bought on time and planters paid rates
j of interest that were simply enormous,
j Corn which cost the cash purchaser
! ninety cents per bushel cost
1 the unfortunate planter a dollar
and twenty or a dollar and thir
ty oents when he came to pay for it
in tne FalL So of bacon and everything
else also which bis necessities or his im-
I providence competed him to purchase.
But the planter at last was made to
| ohange this suicidal policy. Year after
; year brought him deeper into debt, until
jat last the factors and commission
l merchants were unable to make any ad
! vances, and he was thrown upon his own
; resources. The result is that this year
| he will, to a great extent, buy only these
{ things which he cannot make; aud hav
j ing tbe money to pay for them, he will get
* the benefit of cash prices. Forinstanoe, a
great deal of grain was sown this year
and the crops usually have been from
fair to flue. It is safe to say that- seven
tenths of the planters of Georgia and
South Carolina have raised corn enough
to last them sll of next year—many of
them will hare a surplus for sale.
Wheat enough has been harvested by
most of them to furnish them with all
the floor they need for family consump
tion. They have enough of fodder, oats
and hay to supply them with long forage
for their stock. They will not have to
buy any corn meal for their
bands. Many of them will gather
abundant crops of peas and
potatoes, and some of them will
make all the molasses they require.
They have not yet rendered themselves
independent of the smoke houses in Ohio
and Illinois, bnt the day of redemption
has only been postponed. It is ocming
slowly, but none the less surely. The
stock of bogs on the plantations has
largely increased, and purchases of ba
con will be curtailed to a considerable
extent. Some planters in every county
will makeenongh bacon to supply their
places, but these furnish the exception,
we are sorry to say, and not the rule.
Every one can see that the planters
this year are comparatively independent,
and that the cotton whioh they raise is,
to a great extent, a surplus crop. The
country is to be congratulated on this
condition of affairs. When sgrionltare
prospers every other interest flourishes;
when agricultnre suffers every other in
terest is injured,
TURKISH ATROCITIES.
Mr. John Bright has written a letter
on the snbje.t of the Turkish atrocities.
He calculates that the unwise Crimeau
war cost England thousands of lives aDd
$500,000,000. Since then the increased
military expenses of the country have
been $1,000,000,000 ia the aggregate, j
The Tuiki.sh loans taken up since the
war have involved a loss of about $500,-
000,0)0, or a sum equal to our whole
national debt, simply in pursuing its
Turkish policy. He says he always op
posed the course of the country in that
matter. England, he says, is to day the
one supporter of the Turkish rule in
Europe. He concludes: “In these
crimes there is nothing new. They are
familiar to all who know anything of
Turkish history. What is new is that
the English Government caDnot see the
crimes till an English newspaper de
scribes and denounces them, and that an
English Minister, speaking for himself
and his colleagues, treats them as of
small account, and as the common inci
dents of insurrection and of war. I am
not sure that a Minister truly represent
ing English feeling would not have
withdrawn the Qaeen’s Ambassador
from Constantinople, and have refused
longer to receive a Minister from Tur
key at the Queen’s Court. The Govern
ment of England should clear itself of
all partnership in the interest and the
policy of the Turkish Government. It
is a partnership in no degree necessary
to our interests, and degrades us in the
estimation ef every Christian nation.
Every town should have its meeting, and
protest against our country being stain
ed and disgraced by a participation id
the policy and crimes of the Turkish
Government.”
WHAT FOREIGNERS! THINK OF
AMERICA AND AMERICANS.
A newspaper reporter has interviewed
the Commissioners of the different na
tions represented at the Centennial Ex
position, and has published the result.
The views of America and Americans
thus elicited will be interesting to those
who wish to see themselves as others see
them. The phlegmatic Turk is astounded
at our inquisitiveness. “They come up
to your stand, handle your goods, ask
you all sorts of impertinent questions,
never apologize for troubling you, but
address you invariably with the inevit
able ‘how much.’ ” The Frenchman
thinks our mode of life, so far as eating
is concerned, is detestable. “ Your
mode of living,” said one of the Com
missioners, “is the cause of illness
among vour women, which must affect
the whole race. The undue use of ice
water, ice cream, iced drinks of all
the abuse of pepper and salt, all
are injurious. You need a public
school to teach the art of proper feed
ing. ’’ The Belgian also detests our
mode of living and our cooking. He
thinks our national stomach must be
out of order—not far out of the way—
and we eat too much meat. While we
are exceedingly sooiable we have no
cafes and drink too often and too
quickly, is also the Belgian’s criticism.
The Frenchman, so far as our character
is concerned, thinks “the high apprecia
tion of number one does much to stunt
tbe development of morality.” The
Spaniard declares us to be “the most
oirdial and hospitable people in tbe
world.” The Italian thinks we lack
sentiment and principles. “To achieve
what you have done," said one of the
Italian Commission, “you have had to
make a god—the dollar—and a machine
of your country, a money-making appa
ratus.” But the American women puz
zle the Italian the most. Says this
same Commissioner:
I ask mvself concerning them: Is it inno
cence, virtue, ingenuousness or wbat ? They
are the most impertinent creatures I ever
saw. They go np to a foreigner with the most
perfect sang froid. stare him ont of counte
nance, ask him if he is married, how n any
children he has, where he comes from, and I
know not what. Their excessive freedom of
msuner to our hot blooled people seems what
I hope it is not. But they take ihe extraordi
nary liberties. Fancy a pretty g'rl of eighteen
laying her iittle dimpled hand on your arm and
asking yon, naively or boldly, I know not
which, how you like American ladies. What
the deuce can one think t
Like the Frenchman and Belgian, the
Italiau is disgusted at our oookiDg.
"You need a thorough reformation of
your cuisine,” said one. “You have lit
tle or no variety of food, and oh ! you
lack good wines ! If jou only had our
wines you would have less public drunk
enness.” The German laments the ab
sence of domestic life, but he seems to
regard America as a sort of promised
land aud thinks it especially a paradise
for working men. The Austrian, like
the Turk, is disgusted with the national
impoliteness. Said one : “The people
are pleasant euongh, but they do not
know the use of the words ‘please’ and
‘thank you,’ and ’seem to imagine that
for the admission price of fifty cents
they purchase the services, as guides,
instructors and playthings of all the ex
hibitors.” And then we are wofnlly ig
norant. “Most of the American visitors
here,” said this same Austrian, “don’t
know the difference between Austria and
Australia, and ask me how I like living
in the bush. One old lady asked me,
just new, where is the Belgian and Bra
zilian stands ? You know the place
where they make bug jewelry, jewelry
out of bugs, and that is only one in
stance in many hundreds.” The Dane
thinks our middle classes not so well
educated as those of his own country.
The Mexican is particularly struck by
the abuses of our Btreet ear travel and
our hacks. He would have stringent
laws to prevent the overcrowding of the
street cars, and, to stop the extortion of
tbe hackmen, capital punishment. The
Dutchman doesn’t like onr women;
thinks they are weak and puny, com
pared with their buxom girls. And the
opinion of tbe Chinaman ia compressed
into tbe following expressive sentences ;
“Much likee Melioa. Costee mnebee
money livee in Melica. Coatee little
money livee in Chilee. Chilee man makee
muchee money in Melica; Melican man
makee d—n little money in Chilee.”
Hon. A. O. Baoon has been nominated
for tbe Legislature from Bibb oonnty,
and Mr. Thos. J. Simmons has not. Mr
S.MMosa does dot seem to have been a
i candidate before the Gonveotipa.
AUGUSTA, GA., WEDNESDAY MORNING, OCTOBER, 4, 1576.
THE SCARE OVER.
We were greatly gratified yesterday to
hear such general commendation of the
course pursued by the Chronicle and
Sentinel in relation to the yellow fever
scare of Monday. The false rumors
which had been scattered broadcast over
the city were disarmed by the true
statement which was published in our
columns. We gave exaotly what had
occurred, and we gave also the state
ments and opinions of some of our well
known physicians. The result waa most
gratifying. Yesterday there waa no
alarm whatever, and nearly every one
felt perfectly assured that there was no
reason to apprehend a visitation of yel
low fever. The very few who left the
city under the first influence of fright
will doubtless return in a day or two,
and no one else has the remotest idea of
leaving. It will be a little difficult for
the truth to overtake the absurd reports
circulated outside the city by thought
less or panic stricken persons, but even
this will be accomplished after a white,
and after a few days we will hear no
more of the “epidemio.” There is not
a single case of yellow fever in the city,
nor a single case of any disease at all
reserr , bling yellow fever. There is not
the slightest danger that yellow fever
will appear in Augusta this season, and
no citizen need feel any uneasiness on
the subject.
NO PROSCRIPTION.
The Charleston News and Courier
recently published aa article advising
the Democracy not to assist their ene
mies. The following is an extraot from
it:
The colore 1 batohers in the Charleston
market a;e Radioals, "ith, we believe, one ex
ception. They are a well-to do class and con
tribute liberally to the liadioal campaign fund
at every election. Every dollar paid to them
by the supporters of Hampton and Simpson is
an indirect contribution to the election of
Chamberlain and Elliott. And these Radi
cal b toilers get the bulk of the business.
There are plenty of bntohers in the market
who are known Democrats, men who are
thoroughly with ns. These are the men to
deal with and encourage in every possible way.
And what is true of the butchers is true of
tho;6 engaged in many other pursuits.
At a meeting of the Butler Guards,
held in Charleston, the fallowing reso
lution was adopted :
Resolved, That the Butler Guards have in
their respective companies members out of
employment who are willing to fill any place or
position, rr act in any oapacity that may be
needed, and that their employment be respect
fully urged upon our merchants and business
men in preference to Republicans.
The Columbia Union-Herald, Cham
berlain’s personal organ, commenting
upon these things, but especially upon
the suggestion made by the News and
Courier, says that paper is now engaged
in “one of the most degrading political
proscriptions ever known or practiced in
a civilized community,” Our Radical
cotemporary is evidently not acquainted
with the force of the language he em
ploys. There is no political proscription
in the course recommended by tbe
Newsand Courier. On the contrary,that
journal only suggests a wise and proper
policy—one whioh Democrats should
adopt in every section of the
State. As the News and Courier
aptly puts it, “there is do proscription
in the matter; it is simply preference.”
Every man prefers to assist his friends
rather than his enemies. Does the edi
tor of the Union-Herald spend his
money with his personal enemies ? Does
he buy from them? Does he employ
them ? Assuredly not. On the con
trary, if he had a printer in his com
posing room or a clerk in his office
whom he discovered to be working
agaisst his interests, he would discharge
him instanter, and very properly. Well,
every Republican in South Carolina to
day who follows the lead of Patterson,
and Chamberlain, and Elliott, and
Bowen, and Whittemoke, and Whip
per, is the enemy of the honest people
of that State. He is assisting rogues
and rascals to oppress and despoil them.
If the editor of the Union-Herald found
a man giving a “leg” to another at
night to get over his fence and steal his
chickens, what would be his fqelings to
wards the helper? Would he regard
him as a friend, find out his occupation,
and buy shoes from him if he was a
shoemaker, or hats if he was a hatter, or
invite him to become his coachman or
his valet ? Hardly. So 'far from doiDg
this the editor of the Union-Her
ald would doubtless seize one of
those Winchester rifles whioh Cham
berlain has made so plentiful
in the State and treat the thief’s
assistant to a dose of the same medi
cine he gave the thief. Those who
support Chamberlain, Elliott k Cos,
in South Carolina are assisting thieves.
They are giving those scamps a “leg” to
assist them over the walls of the State
Treasury; and though they cannot be
punished with buckshot, they need not
be employed and paid by those whom
they are injuring. If the colored butch
ers of Charleston wish to assist Radical
robbers, let them assist them on the
money they get from Radioals and
not on the money they get from
the Demoorats who are to be de
spoiled, A principle as plain as
this is recognized by every political
party. Are there any Democrats em
ployed or paid by the United States
Government which is now in the control
of the Republican party ? If a man em
ployed by the Government should turn
Democrat to-morrow, f ould he not be
instantly discharged and a Republican
put in his place? If the Government
can discharge an employee for being a
Democrat, why may not a private indi
vidual discharge an employee for be
coming a Republican ? These are per
tinent conundrums, which we commend
to the attention of the editor of the
Union-Herald. '
THE REVIVAL OF TRADE.
The Public Record says sigus multi
ply that the climax of hard times has
been reached and passed, and that the
country is now slowly, but surely, swing
ing around on the road to prosperity.
Everything promises well for our ex
ports aa well ss our imports, and home
trade is certainly reviving in some
branohes. The New York Bulletin,
which ought to be careful wbat it says
on such a subjeot, collects trade news
from Philadelphia, Pittsburg, St. Louis,
Richmond, Galveston, Charleston and
other points, to show that business
gives signs of improving; and of New
York it declares that it is a long while
sinoe the city has witnessed the pres-,
enoe of so many country merchants.
The auction rooms have been thronged
from day to day, and the readiness with
which goods have been sold there at
appreciating prices is matter at once of
surprise aud congratulation. In the
markets for general merchandise there
is fair activity. The distribution of
goods from the seaboard to the interior
is large, and is stimulated by the expec
tation that tbe existing low rates for
rsilroad transportation will pot extend
beyond the close of navigation. The
disposition to take advantage or these
low rates is very marked. We find some
of the Baltimore papers taking equally
hopeful views of the state of affairs in
their city, where it is declared that the
general testimony of those engaged in
selling imported djy goods is that the
indioations of a healthy condition of
trade bay* sever been neje jarortbte.
In domestic goods the supply is not
equal to tbe demand. Balroad sup
plies, east steel, and the various grades
of pig iron are in strong Remand, and
dealers think they have paeed through
the worst of the business depression.
In drugs, chemicals, fruits, confection
ery and other branohes of trade, also,
the prospects are enoouragng. Alto
gether we are inolined to thiik that the
worst is over, for the ability to rise from
the late depression is the moit favorable
of all symptoms. Besides, a revival in
a few trades will help the otters, so inti
mately are the fibres of modern com
merce interlaced and oonaecfed.
OHIO AND INDIAN*.
The Camp&lffn ia Those State* Ilewed Froos
An Independent Stand Joint.
[A’fcto York Herald (JSdUrial).]
Both parties are snfficieitly alive to
the great importance of tte elections
which are to take place in these two
States on the second Tuesdiy in Octo
ber. If the Repnblioans should oarry
them both or the Democrats should car
ry both, the Presidential cor est will be
virtually deoided on that ray. Until
within the last two weeks i has been
generally believed that Ohio would cer
tainly go Republican, and (hat the re
sult in Indiana was doubttul. While
this opinion prevailed both parties were
prepa mg to make a great concentration
of effort in ludiana, tbe Republicans in
tbe hope that the battle might be de
cided by the preliminary skitmish, the
Democrats in the fear that tiey would
lose all if they should lose Inliana. But
within the last week or two Uhio has
become so donbtful that Indiana has
ceased to be the chief point cf interest,
for the Republicans could noi afford to
lose Mr. Hayes’ own State, evn if they
should take .Indiana away fom Hen
dricks. The Republicans carried Ohio
last year by a majority so (mall that
they thought it politic at the ipry outset
to organize the campafn with
a view to strengthen thei party in
that State, which now, for thejfirst time,
takes Ihe old plaoe of Pennsylvania in
the van of the Presidential contest.
Since Pennsylvania amended her Con
atintion, two years ago, changing her
State election to November, Ohio has
become the most important of (he Octo
ber States, and the party that jarries it
will get a formidable start in tie great
national race. It was with a view to
this coveted advantage that the Repub
lican National Convention was held in
Cincinnati, and it was one of the strong
est reasons for nominating Hay. But if,
after all, the Republicans shiuld lose
that State their campaign willae found
to have been organized on a fate bisis.
It is a damaging blow in a Presidential
canvass to have it ascertaimd in ad
vance that the candidate at th< head of
the tiqfpt cannot carry his avn State.
In a case like the present, in whioh
Governor Hayes was nominate! because
he was thought to be the oneman who
who would certainly give Otto to the
Republicans, it would be exoption ally
mortifying and discouraging to find
this expectation disappoints on the
first trial. It is not yet at J 1 certain
that the Republican party willbe put in
so bad a position; but the factihat Ohio
has so suddenly been transferred from
the list of assuredly Republicm to tbe
list of doubtful States is cakulated to
excite anxiety, if not alarm, anong the
Republican leaders.
We print this morning a leter from a
correspondent whom we haw sent to
Ohio to survey the ground an! who, be
sides giving bis own impresbiots, reports
conversations which he has had with
Senator Tharman and Gen. Swing, on
the Democratic side, and wih Senator
Sherman on the Republics side.—
Messrs. Thurman and Ewin; agree in
thinking that if the election were held
to-day victory would perch <n the De
mocratic standard. As they rere inter
viewed separately, and as eadi had more
confidence that the Democrats could
carry the State at present thai that they
could carry it on the 10th o* October,
they virtually concede that i is quite
possible for the Republicans b retrieve
their chanoes. The truth wrnld seem
to be that the Republicans ofOhio have
suffered from over-confideneq taking it
for granted that the State wis so safe
that they did not need to put forth any
great efforts. They have beei suddenly
awakened to a sense of their dinger, and
a vigorous canvass for the remaining
two or three weeks may enaba them to
recover lost ground. But it seems
pretty clear that they have nqgreat con
fidence in their ability to do so; other
wise they would not take so nucb pains
to show that the loss of the Site in Oc
tober would not prevent Hayei from car
rying it in Not ember. They, of course,
profess a belief that they will luceeed in
October; but if they felt real! j sure they
would not need to “hedge.’ Senator
Sheiman said to our correspoideDt that
“the October election here ia always a
mixed up affair;” but he exprased great
confidence respecting the reßiit in No
vember. “Then you are onfidenj,”
said our correspondent, “aboit the re
sult in November ?” To whici Senator
Sherman replied, “I am, indad, so far
as Ohio is coneerned. Thee isn’t a
shadow of a doubt of a great Republican
majority.”
The fact that the confideire of the
Republicans has been shaker in Ouio
will have a favorable effect ontbe Dem
c oratio canvass in the adjoiniig State of
Indiana. It will not merely nfuse new
courage into the Indiafla Demoorats,
but will weaken the effeotive forces ar
rayed against them. So lone as it was
supposed by the Republicans that Hayes’
popularity and the repugnuce of the
Ohio Democrats to Tilden made In
diana the only doubtful Oeteber State,
it was good policy for the Republicans
te pour money and speakers into lu
diana, and concentrate all (heir outside
strength in a strenuous effori to carry
it. But they are now forced to recog
nize the necessity of wilhlrawing a
great part of their campaign energies
from Indiana and employ them in a
struggle to save Ohio. THs will oper
ate like the withdrawal of a large part
of an army destined to let against a
particular division of the inemy to pro
tect an exposed point of great impor
tance. The Indiana Demicrats will be
measurably relieved and faeir chanoes
of carrying tbe State be poportionally
improved. Our Indiana co-respondent,
in the letters which we printed yester
day, gave it as his opinion tiat the Dem
ocrats will carry the Stke by a very
considerable majority.
THE (INDIANS.
Connell nt Spotted Tall ifenpy.
Spotted Tail Aoeno ?, September 26.
—All tbe Commissioners wer present in
the ceancil. Spotted Tail uade a long
speech, setting forth how the treaties
had been violated by the g.-eat father.
He said, “This is the count j where my
people vfere born, where ttey have ac
quired all their property, tteir children
and their horses. You base come to
bay this country of us, and it would be
well if you would come with the goods
you propose to give ns, and to put them
out of your hand, so we can aee the good
price you propose to pay for it.” Con
cerning the war, he says, “Ibis seems to
me to be a very hard day. Half of onr
country is at war and we have come
upon very difficult times. This war did
not spring np here in onr land; it was
brought upon us by tbe children of the
great father, who oojpe to tike our land
from us without price, and who do a
great many evil things. The great
father and his children are lo blame lor
this trouble.”
Spotted Tail Agency, Sqstember $5.
—A treaty with the Inditns of this
agenoy was concluded this evening after
three hours oouneik Spotted Tail made
another lengthy speech, in vhioh he in
sisted upon goiag down to Indian Terri
tory first, looking at the oountry and then
going to Washington to talk with the
great father and touch th pen at the
same time. He also insisted npon a de
lay in signing the treaty nntil the present
war was satisfactorily settled. Spotted
Tail arose ana left the council room.
While outside, E. W. Raymond a white
man living with Spotted Tail’s people
tbe last 27 years, told him it he did not
sign the treaty Bed Clond would get
ahead of hiip and derive all the advan
tage to bp had from the treaty. Raymond
then vent to Red Clpnd and Rea Rog
of Bed Cloud's Agency, who were oat
side of the council room, ssd told them
to go in and urge Spotted Tail and his
people to sign. They did so, making
short bat effective speeches, and then
withdrew; whereupon Two Strike said,
“The reason we are afraid to tonoh the
pen and are silent before yon is because
we have been deceived so many times
before. If we knew the words yon tell
ns were true, we should be waling to
siperefyday.'* Then Spotted Tail 4-
dressed his people, saving, “If onr
friends np above (referring to the Bed
Cloud Agency) have not signed the
treaty, I would help them in holding
out. bat as our friends up there have
signed, *1 ask all good men, who are
trustworthy, to eome up and sign.” Half
an hour later the necessary signatures
were attached and the treaty was made.
The. Indians here all want the present
military agent removed and Gen. How
ard reinstated.
CHII.D ABDUCTION.
Boston, September 24.—A case of
child abduction has taken place here, at
tended with cruelty, inhumanity and
avarioiousness, ’compared with whioh
the celebrated Charley Boss oase dwin
dles into insignificance, and which lor
several months has been smothered from
publicity in the community in which it
occurred. The affair is unlike the Ross
oase in the particular that the child was
stolen for service in a pecuniary trans
action in whioh it is presumed that a
handsome sum was realized by the ab
duction. But it differs in this respect,
that instead of the wretch being a re
nowned villain like the late Bill Mosher
he is a man of professional reputation
and one who for many years held high
public office at the hands of the oity of
Boston, and in the oase in point bis of
ficial position probably enabled him to
more success f ully commit his orime and
escape for time being its merited
penalty.
Details of the Affair.
It seems that about eight or nine
months since there came to this city
from California a gentleman and his
wife, who were apparently on a pleasure
tour. Whether or not there existed a
previous acquaintance is not material,
but it is certain that very soon after
their arrival in Boston they became very
intimate with Dr. John W. Faye, one of
the city coroners, who, in turn, became
the chief principal in the abduction of
an infant child, and then hastily fled
the city in company with the gentleman
and his wife just alluded to. It seems
that this California couple were in sad
need of a baby, an apparent off-spriDg
of their own, in order to secure the full
title to an immense property, whioh was
to follow if there was an issue of their
marriage within a certain specified time.
The matter of obtaining this apparent
heir was intrusted to Coroner Faye, h nd
under the probable stimulant of a hand
some reward he did not hesitate to com
mit a orime whioh involved his imme
diate and continued absence from these
parts if he would escape a criminal pro
secution. Fortunate for their plans, at
about the time of the advent of these
California parties to Boston a neat and
respectable American girl made an ap
plication to a Boston physician, and ob
tained through him a permit to eqter a
lying-in hospital. By some means or
other this fact became known to Dr.
Faye, who immediately sought the girl
so soon to become a mother, and per
suaded her to undergo her confinement
at a private hospital. The proprietor of
this private institution, it is scarcely
necessary to add, was also handsomely
rewarded, and when once the young girl
was safely housed she and her offspring
were at the will and mercy of the ooro
ner.
A beautiful boy was soon born, and
after Mr. Faye became satisfied that it
was safe to take it from its maternal pa
rent, he intimated his purpose to. the
young mother. It is said of her, and to
her credit, that she seemed to love the
little one with even more than a mo
ther’s love. She citing to her offspring
as only a true woman can, so that all ef
forts to persuade her to have it sent
away and taken care of only alarmed her
the more lest she should lose it altogeth
er. All pleadings and threats to induce
the young mother to part with her ohild
were in vain, and finally it was resolved
to change the tactics. To carry out the
plans which had thus far been com
menced, it was absolutely necessary that
the ohild should be got possession of
immediately. The doctor now urged
the girl to let him take the infant down
to a hotel in the immediate neighbor
hood, where, he said, its presence was
necessary in order to certify that a cer
tain lady there had given birth-to a
ohild. When this oould be accomplish
ed, Dr. Faye said, the child would be
returned to her. After considerable per
suasive argument the young mother
consented to the loan of her child for
the purpose named. The Coroner agreed
to return the infant within a specified
time, but up to the present the mother
has seen nothing of her infant or its ab
ductor. The California couple disap
peared at the same time, and it is gen
erally understood in Boston that they
were accompanied by Dr. Faye, and
that he is to share in the legacy which
was or is to be seoured by the child
whioh he stole from the young woman.
That the Coroner is permitted to escape
arrest and punishment is not in the least
inexplicable, for during his official char
acter he was the especial friend and de
fender of the Police Department. The offi •
oers threw every oase possible into his
hands, and in instances where policemen
were suspected of having clubbed some
fellow to death, they felt perfectly safe
u the inquest was conducted by Coroner
Faye. One instance is known where it
seemed that a good case of wilful mur
der would have been made out against
an officer but for the ingenious and in
dustrious defense of this same coroner.
It is not strange, therefore, that the Po
lice Department, in its gratitude, has
seemed to shield Dr. Faye in this great
orime charged upon him, and steac faßtly
refused not only to take any steps for
his apprehension, but also declined to
furnish any information respecting the
case. It is said that when the physioiaD
whom the girl first applied to heard of
her situation and the fact that her in
fant had been abducted by Coroner
Faye, he interested himself and others
in her behalf and brought her case be
fore the Mayor. The Mayor, it is said,
was indignant when he heard of the out
rage which had been perpetrated, and
ordered that the most active measures
be adopted for the recovery of the child
and capture of its abductors. Judging
from the results, however, nothing has
been done by the Bostonians except it
be to cover up the matter and allow it
to be forgotten as soon as possible. It
should be added that the Boston papers
—while some of them have published
the facts in the case—have invariably
suppressed the name of Coroner Faye,
at which there is not a little indignation
and surprise among those who are know
ing to the details of the abduction. As
before intimated, the orime is in many
respects more heinous and painful than
the abduction of poor Charley Ross,
and it will be a lasting disgrace to the
Boston authorities if they do not bunt
up and punish those whp aye engaged
in it.
UAD NO PUN IN HIM.
[From the Detroit Free Frees, j
One of the members of the Methodist
Conference, recently held here, was out
for a walk at an early hour one morn
ing, and while on Howard street he en
countered a strapping big fellow, who
was drawing a wagon to the blacksmith
shop.
“Catch hold here and help me down
to the shop with this wagon and I’ll
buy the whisky I” called the big fel
low.
“I never drink,” solemnly replied the
good man.
“Well yon can take a cigar.”
“I never smoke.”
The man dropped the wagon-tongue,
looked hard at the member, and asked:
“Don’t you chew ?”
“No, sir,” was the 4ecided reply.
“?ou must get mighty lonesome,”
mused the teamster.
"I guess I'm all right—l feel first
rate.”
“I’ll bet you even that I can lay yon
on your back,” remarked the teamster.
“Come now, let’s warm up a little.”
“I never bet.”
“Well, let’s take each other down for
fun, then. Ton are as big as I am, and
I’ll give you the under hold.”
“I never have fun,” solemnly answer
ed the member.
“Well, I’m going to tackle you any
way. Here we go f”
The teamster slid ap and endeavored
to get a neck hold, but he had only just
commenced to fool about when he was
lifted clear off the grass and slammed
against a tree-box with such force that
he gasped half a dogen times before he
oould get bis breath.
“Now yog keep awgy from me 1” ex
claimed the minister, picking up his
cane.
“Rust me if I don’t replied the
teamster, as he edged oft “What’s the
use in lying and saying that you didn’t
have any fun in you when you are chuck
full of it I Blau e it I you wanted to
break my back, didn’t you 1"
Some of our young ladies propose
opening a cheap coffee house, as an off
set to tge tree lunch system.
THE SUPREME COURT.
DECISIONS BENIIERED SEPTEM
BER 26 FH, 1876.
[Atlanta Constitution.]
Smith et al., vt. Cook. Equity, from
Baker.
Wabneb, C. J.
This was a motion for anew trial, as
stated in the bill of exceptions, in an
equity cause, in whioh Hamlin J. Cook
was complainant, and F. P. Smith and
D. D. Smith were defendants, on the
trial of which it is alleged that a deoree
was rendered in favor of the oomplain
ant, but the reoord before ua does not
disclose the fact that any verdict or de
cree was rendered in the oanse which
this Court oan either affirm or reverse.
If the record contains a full and com
plete exemplification of the case as the
clerk certifies it does, then it is still
pending in the Court below, for there
does not appear to have been any final
disposition of the canse as required by
the 4250th seotion of the Code. This
case came within the ruling of this
Court in the case of Bean & Cos. vs.
Hadley, deoided at the present term.
Inasmuch, therefore, as the record
brought here by the plaintiff in error
does not affirmatively show that aDy
verdict or decree has been rendered in
the oanse which this Court can either
affirm or reverse, it is ordered that the
writ of error be dismissed.
Hines et al., vs. Mnnnerlyn et al. Equi
ty, from Decatur.
Wabneb, O. J.
The complainfnta filed their bill
against the defendants, praying for a
partition of certain described property
therein mentioned between them and the
defendant Munnerlyn as tenants in
common, and to enjoin the defendant
Arnett from selling any part of said
property as mortgagee of Munnerlyn by
virtne of aft fa. issued on the foreclo
sure of his mortgage. On the trial of
the injunction bill the jnry, under the
charge of the Court, found tbe follow
ing verdiot: “We, the jury, find and de
cree that the claimants are entitled to
one half interest iu the real estate as
owned by Mrs. Hannah Munnerlyn and
C. J. Munnerlyn at the time of Mrs.
Hannah Munnerlyn’s death, to-wit: the
following lots and fractional lots of land,
340, 448, 352, 364, 363,388, 387, 386,385,
in the 20rh district; also 258, 257, 256,
255, 259, 260, 261, m the 21st dis t riot.
Also that the complainants are entitled
to all the rents, profits and issues re
oeived from the aforesaid interest as
managed by C. J. Mnnnerlyn, before tbe
time of Mrs. Muunerlyn’s death to the
date of the mortgage given to F. G. Ar
nett, with interest included, amounting
to $6,712. We further find and decree
that one half of the land mentioned in
the large mortgage, to-wit: lots and parts
thereof, 349, 348 352, 364, 363, 388, 387,
386, 385, in the 20th district; also 258,
257, 256, 255, 259, 260, 261, in the 21st
district; and all the land mentioned in
the small mortgage, to-wit: 262, 263 and
264, in the 21st district (except 167 acres
of lot 264, relinquished by F. G. Arnett),
conveyed to F. G. Arnett by mortgage,
to satisfy a prommissory note against
Mnnnerlyn, principal of the above note,
$6,250, with interest added, amounts to
$9,910 31. We further find and decree
that the mortgage held by F. G. Arnett
has precedence to the indebtedness of
C. J. Munnerlyn, the complainants.”
The complainants made a motion for
anew trial on the several grounds set
forth therein, which was overruled by
the Court, and the complainants except
ed. It appears fropi the evidence in the
reoord that C. J. Munnerlyn, the father
of the defendant in the bill, died intes
tate leaving the defendant and his
mother, Hannah Munnerlyn, his heirs
at law; that they lived together and en
joyed the property left them by the in
testate as tenants in common until the
death of the said Hannah, who, by her
last will and testament, devised and’be
qneathed her one-bulf interest in "the
property inherited from her deceased
husband (the same being undivided) to
the complainants. The defendant, C. J.
Munnerlyn, after his mother’s death,
mortgaged the entire interest in the
several lots of land in controversy to the
defendant, Arnett, to secure the pay
ment of $6,250, whioh the said Mnnner
lyn was indebted to him. One of the
main questions in the case ipade on the
argument here was whether Arnett, the
mortgagee, should be enjoined from
proceeding to sell the mortgaged prop
erty until the complainants as tenants,
in common with the mortgagor, could
have their interest and share m the prop
erty mortgaged by their 00-tenants as
certained, set apart and partitioned to
them as tbe same existed at the death of
their grandmother, without regard to
the incumbrance of the mortgage so far
as their rights and interest in tbe prop
erty were concerned. There oan be no
doubt that Munnerlyn, the 00-tenant
of the oomplainants, oould not oonvey
or mortgage the joint property so as to
affect o f prejudice their title to, or in
terest in it as tenants in common, not
withstanding he may have attempted
to convey or mortgage the entire inter
est ia the property. There can be just
as little doubt that the complainants
were entitled to have the property par
titioned between them, and their co
tenant, C. J. Munnerlyn, without re
garding the mortgage executed by him
by Arnett: In view of the facts of this
case, a court of equity properly had ju
risdiction of it for partition. Code,
3183. Another one of the questions
made here was whether the oomplain
ants, as tenants in common, were en
titled to have a deoree out of the corpus
of the property ou a partition for the ex
clusive use thereof by Munnerlyn, tbeir
co-tenant, since the death of their
grandmother. On the part of the de
fendants it was insisted that the exclu
sive use of the joint property by Mun
nerlyn, co-tenant, only created a debt in
favor of the complainants as against
him, and that that debt created no lien
up the joint property or upon Mun
nerlyn’s half of it.
Whilst it may he true that the com
plainants have not strictly a legal lien
upon the carpus of the joint property,
or upon their cotenant’s half of it for
what he may be indebted to them for the
exclusive use of the joint property, still
the complainants have a elear equitable
right on a bill filed for partition aod ac
count against tbeir cotenant, to have his
share of the joint property charged with
such indebtedness in the decree for par
tition, the more especially, when tbeir
cotenant is insolvent, as in this oase. Ist
Stqry’s Equity Jurisprudence, sections
664, 6f|sj Code, section 8185. Whether
their covenant is justly indebted to the
oomplainants in view oi their mainten
ance and education, etc., whilst he was
in the exclusive possession and control
of the joint property, and what amount,
must necessarily depend open the evi
dence. Inasmuch as Arnett is interest
ed as mortgagee of Munnerlyn’a interest
in the property, after a just and equit
able partition thereof, he may contest
the indebtedness of Munnerlyn to the
oomplainants, if Mnnnerlyn himself
should fail to do so. Whilst it may be
true, as a general rule, that the undi
vided interest of a tenant in common can
be levied on and sold when there
are no obstacles In the way or in
cumberances on the property, yet
when there are such obstacles in
the way or incumberanees on the
property as will prevent a sale of the
property for a full price and enable the
purchaser thereof to obtain a good title,
it is the better and safer practice to as
certain by a decree of the Court what
are the rights of the defendant to the
property levied on before the sale there
of. The decree in this case should have
made an equitable partition of the prop
erty between the tenants in common,
either by commissioners for that pur
pose, or otherwise, as prayed for in com
plainant’s bill, and then left Arnett to
proceed to collect his mortgage ft. fa.
out of that portion of the joint property
which may be deoreed to Munnerlyn,
the mortgagor.
Let the judgment of the Gonrt below
be reversed.
Davis, exeentor, vs. Clarke et at. Equi
ty, from Calhonn.
Wabnbs, C. J.
This wh® a hill filed by the complain
ant against the defendants for the pur
pose of ctrrecting a credit which had
been made on a note given hy two of tbe
defendants for tfie balance of the pur
chase money due by them for a settle
ment of land which they had purchased
of the complainant, he giving them a
bond to make titles when the purchase
money should be paid; on the allega
tions aa to the manner hy which said
credit was sensed to be made on the
note, and also alleging a combination
between the defendants by means of a
sale of tbe land under a tax execution
and otherwise to defeat the collection
•I the complainant’s debt, with a prayer
$2 A YEAH—POSTAGE PAID.
that the land might be decreed to be
sold for the payment of the balance of
the purchase money due therefor. On
the trial of the case, the Court required
the complainant to elect whether be
would proceed for the purobase money
due or for the recovery of the land,
whereupon his counsel elected to pro
ceed for the purchase money. The de
fendants then moved the Court to strike
Bell and the two Tomlinsons from the
bill -on the ground that they were not
then proper parties to the bill, and that
no deoree oonld be rendered against
them, which motion the Court sustain
ed, althongh through the argument of
that motion the counsel for the com
plainant asked the privilege to withdraw
the election they had been compelled to
make, aDd to elect a recovery of tbe
land. After the names of Bell and tbe
two Tomlinsons had been stricken from
the bill, the oonnoil for Clark & Han
kins moved the Court to dismiss tbe bill
for want of jurisdiction, which motion
the Court sustained and dismissed the
complainant’s bill. To all of whioh
said rulings of the Court the complain
ant exoepted.
In our judgment, in view of the alle
gations contained iu the complainant’s
bill, the Court erred in requiring the
complainant to eleot whether he would
proceed for the purchase money due, or
for the land. The complainaut was en
titled to a hearing and trial upon all of
the equitable grounds alleged in his bill,
which, if true, would have entitled him
to relief.
This ruling of the Court requiring the
complainant to make bis election being
erroneons, the subsequent orders, strik
ing Bell and tbe Tomlinsons from the
bill, and then dismissing it for want of
jurisdiction, was also error.
Let the judgment of the Court below
be reversed.
Patillo vs. Cutliff, et al.. Commissioners,
Certiorari, from Dougherty.
Wabneb, C. J.
This case came before tbe Court below
or a certiorari from tbe Road Commis
sioner’s Court of Dougherty county.—
After hearing the certiorari, the Court
overruled the grounds of error alleged
therein, whereupon the plaintiff in cer
tiorari excepted. It appears from the
reoord that Patillo, the plaintiff in cer
tiorari, had a portion of the public road
assigned to him to work under the pro
visions of the 621, 622, 623 and 624th
sections of the Code, that the road com
missioners sum mom and him before them
for negleot of duty in not working the
road which bad been apportioned to
him, and he failing to appear, they fined
him fifty dollars. Whether the oommis
sionera summoned him before them for
negleot of duty in not working the road
assigned him, or for failing to appear
and answer tbe summons, is not so
dear, though it would seem that he
was fined for failing to appear and an
swer the summons, as there does not ap
pear to have been any evidence before
the commissioners that he had neg
lected to keep the road assigned
him in good repair, and the 624th seo
tion only authorizes the penalty im
posed on commissioners to be imposed
on those who have a portion of the pub
lic road assigned theca when they neg
leot to keep it in good repair, but their
hands are liable for the usual road fines
imposed on other road hands for neg
lect of duty. Thus it will be seen that
the imposition of the usual road fines
upon the hands assigned to a person
with whioh to work a portion of the
public road, for neglect of duty in not
keeping that road ill repair, is one thing.
The imposition of a fine upon the one
who procures a certain portion of the
public road to be assigned to him to
work with a specified number of hands,
for neglect of duty in not keeping it in
repair, as is imposed on oommissiors of
roads for their neglect of duty, as pro
vided by the Q6lst seotion of the Code is
another, and quite a different thing. In
the one oase the road commissioners
have jurisdiction and authority to im
pose the usual fines on the hands for
neglect of duty iu not keeping such ap
portioned road iu repair. In the other,
tke person who procures and accepts a
portion of the public road for himsqlf
and hands to work and keep in repair,
and neglects to do so, is made liable to
all the penalties and forfeitures to which
commissioners urp liable for neglect of
duty. To what penalties and forfeitures
are commissianers liable for neglect of
duty under the law and in what manner is
that liability to be ascertained ? The
liability of road commissioners for neg
lect of duty is to be ascertained by the
presentment of tbe grand jury, and an
investigation of the charge, as provided
by the 661st section of the Code, and if
the accusation is made out by proof the
Judge shall fine the commissioners not
less than fifty nor more than one hun
dred dollars. N /w, as the plaintiff in
certiorari is made liable to all the pen
alties and forfeitures to which commis
sioners are liable for neglect of duty,
should not his liability be ascertained
in the same manner and by the same
tribunal as commissioners ? The plain
tiff in certiorari was a quasi gotnmis
siouer of tbe road and hands appor
tioned tp him, and it was evidently the
intention of the Legislature that he
should be punished as suoh for not
keeping that road in good repair, as he
undertook to do when he accepted the
same. The jurisdiction of Justices of
the peace is limited to the sum of one
hundred dollars, and surely it oould not
have been the intention of the Legisla
ture to give to road commissioners a
greater or more extensive jurisdiction
than Justices of the Peace; and yet they
would have, under the power and au
thority claimed for them in this case,
jurisdiction to impose a penalty of
two hundred dollars. Iu our judg
ment, the road commissioners did not
have jurisdiction to impose the penalty
of fifty dollars fo? neglect of duty in
not working the road apportioned to
the plaintiff in certiorari, but in order
to subject him to the penalty as pre
scribed by the 661st section of the Code
he must be proceeded against as pro
vided by that section, Whenever the
jurisdiction of a Court'is one of limited
power and authority, and it is a doubtful
question whether it has jurisdiction of
the subject matter in controversy, the
safer rule ia to deny the jurisdiction.
The refusal to sustain the plaintiff's
certiorari and overruling the same was
error. Let the judgment of the Court
below be reversed.
Brinson, administrator, vs. Wessolow
sky, administrator. Murphy et al vs
tfie same. Equity, from Dougherty.
Wabnes, O. J.
There ware two hills of exceptions to
the judgment of the Court in this case
by different creditors, who were plain
tiffs in error, and both were argued to
gether. The case came before the Court
below on exceptions made to an audi
tor's report, when it was agreed that
the case should be submitted to tbe
decision of the Court without the inter
vention of a jury. On hearing the case,
the Court overruled the exceptions,
whereupon tbe plaintiffs in error ex
cepted.
The Conrt, under this submission,was
bound to have decided the exceptions in
the same manner that a jury would have
done under tbe provisions of the 4203d
section of the Code. The facts, as re
ported by the auditor, the Court was
bound to recognize as being prima facie
the truth, unless controverted by evi
dence on the bearing, which it is not
pretended was done iff this cane. The
judgment of the Court in this case was
like the verdict of a jury, and will not
be set aside unless it is withont evidence
to support it. So far from the decision
being without evidence to support it,
the only evidence before this Court was
the auditor's ' report, which was prima
facie the truth—Code, 3097. The legal
presumption is, that the oonolnsion of
the auditor was right under the evidence
before him, unless controverted by other
evidence. When there is an error of
law apparent on the face of the anditor’s
report, wholly irrespective of the evi
dence on which it is based, then the
Court can correct that error by its judg
ment. But that is not tfiis case, tbe al
lowance or disallowance of the respec
tive ctojmii which were before the Court
embraced iu the auditor’*. report was
baaed on the evidence before him.
Whether the respective claims were legal
or illegal properly or improperly al
lowed by the auditor, depended on that
evidence, and as the anditor’s report was
primal facie the truth, and the evidence
on which it was based not being contro
verted, there was no error in overruling
the exceptions, on the statement of faots
contained in the record.
Let the judgment of the Court below,
in both cases, be affirmed,
Joseph Ellis vs. Paul F. Hammond, ex
ecutor, et al. Ejectment, from Cal
houn,
Jackson, J.
1. Where a deed to lend ia made on
Baaday and the money paid, the posses-
sion of the land having been previously
given to yhe vendee, the law will le ve
the parties where it finds them. Both
being in puri delicto, althongh the
contract consummated on Sundav be
ing illegal, the Courts will not interfere.
44, Ga. 642, 541; 3 Kelly 182.
2. Payment in Confederate money
made in April, 1865, both parties being
ignorant of the surrender of the Con
federates, was good. 34 Ga. 227
Judgment affirmed.
John Lowe vs. The State. Simple lur
oeny, from Dougherty.
Jackson, J.
1. Au indiotment for simple laroeny
in stealing hogs at the same time and
place, though alleging that one is the
property of one person, and the other
of another, covers but one transaction
and charges but one offense, and judg
ment thereon will not be arrested.
2. Proof that defendant stole one of
the hogs is sufficient to oonviot under
such indictment.
Judgment affirmed.
Walters, executrix, et al., executors,-vs.
Montgomery, receiver. Injunction!
from Dougherty.
Jackson, J.
1. It must be n very strong case to
authorize a Court to hold that a receiv
er of an estate had uo power to sell
when authorized to do so by an inter
locutory degree in chancery, if, indeed,
it should be so held in any case at all.
Representations at tbe sale by the
reoeiver that the land is free from en
cumbrance is tb© troth and no fraud up.
on the purchaser, if, though the land be
levied upon by judgment and ft. fa
against a former vendor and the claim
case be then pending, it result that there
was no encumbrance, by the verdiot of the
jury tnat the land is uot subjeot but ia
the property of the receiver’s estate,
especially if the levy was notorious and
proclaimed at the sale. In such a case
caveat emptar applies with double
force, and the Chancellor did right not
to disturb the sale or grant au iuj unc
tion.
Judgment affirmed.
Dennis Mills vs. The State. Bu
at night, from Decatur.
Jack on, J.
1. The fact that the name of one of
the grand jury who found the true bill
was not in the jury box from which the
jurors are draws, is not good ground
for arresting the judgment, or for anew
*i' 8 , a^er verdict. The objection
should be made before the case is sub
mitted to the jury. 53 Ga., 432 - 75,
2. Anew trial will uot be granteebou
the ground of newly discovered evidence
whioh is merely cumulative, and tend*
too, only to impeach the character of a
witness sworn on the trial.
3. If the evidence, though coDfliol g,
Be sufficient to authorize the ver irt,
this Court will not control the and cre
tion of the presiding Judge in rex using
to grant anew trial.
Judgment affirmed.
Bleckley, J., having beer, of connsel,
did not preside in this case.
Tarver and Colquitt vs. Ellison. Claim,
from Oalhoun.
Jackson, J.
. The levy upon and sale of land by
virtue of execution issued on a judg
ment junior to a mortgage, not fore
closed, conveys to the purchaser only
the property sold, which is the equity
of redemption, or its equivalent in this
State, which is the estate in the land
subject to the mortgage debt, and Ruck
sale diverts the lien of a judgment older
than the mortgage only upon that in
terest or estate in the land which is sold.
2. If there be not money enough
raised from the sale of this equity of r
demption, or interest in the land sub
jeot to the mortgage, to pay off the judg
mpnt which is older than the mortgage,
an execution issued upon such older
judgment may be levied upon the resi
due of the estate in the land, and being
older than the mortgage it will sell the
land free from its encumbrance, and the
title of the purchaser will be good against
the mortgage.
Judgment reversed.
DEATH OF REV. E. H. MYERS.
[Savannah Morning News j
We are called upon to chronicle the
death of the Rev. K H. Myers, Pastor
of Trinity M. E. Church, who fell a vic
tim to the prevailing epidemic yester
day morning at 7 <f clock.
The blow falls with a crushing force
upon the whole community, and more
especially upon the membership of the
church whose much loved pastor he was.
When the fever broke out Dr. Myers
was at Cape May as Chairman of the
Commission then in session with their
Northern brethren, engaged in adjust
ing the difficulties between the Northern
and Southern branches of the M. E.
Church. This labor having been suc
cessfully accomplished, he was left in
charge of the work of publication ol the
minutes of the Conference. But when
notified of the ravages of the epidemic
in our midst he at once returned to his
charge in Savannah and nobly engaged
in his work of love, uutil one week ago,
when he became stricken with fever,
whioh terminated as above stated.
Dr. Myers was one of tbe prominent
ministers of tbe Methodist Episcopal
Church South, and his reputation was
national. For the past thirty years he
has faithfully served the oburoh and his
fellow-beings, occupying high positions,
for which his piety and talents fitted
him. In the itineracy—as editor of the
Southern Christian Advocate, as Presi
dent of the Wesleyan Female College, at
Macon, and as Ci airmun of the Commis
sion of the Southern Church at tbe re
cent Convention - he filled all the meas
ure of bis duties and all the sacred
trusts committed to his care; but es
pecially as a pastor in our city was ho
known and loved. We close this neces
sarily brief notice with the folldwir g,
from one 'with whom he has labored in
Christian ministrations during this ter
rible visitation of sickness and death:
One more victory gained under the
Captain of our salvatiou, who for his
peoplo has abolished death; one more
good apd faithful servant welcomed in
to the joy of his Lord; one more of the
“adopted” gone up leaning on the arm
of the “only begetteD,” to enter on tbe
pledged inheritance; one more voice to
swell the redemption song, “Unto Him
that loved us and washed us from onr
sins in His own blood, and bath made
us kings and priests unto God and his
father, to Him be glory and dominion
frr*vr Amen,”
Translated brother, we wish thee joy 1
COCK FIGHTING.
[From the New York Di-patch ]
Cook fighting has always been held in
law to be brutal, and those who indulged
in it to be brutes; but anew departure
has been taken in the matter, and now
gentlemen may engage in the cruel sport
without damage to their characters Yes
terday morning three young ladies,named
respectively Angie Pratt, Lavinia Wood
ford and Carrie Haines, met at a restan-'
raQ t m Thirty-ninth street, near Sixth
avenue, a well known place for quiet
sporting, and indulged in a little amuse
ment quite uncommon for ladies. Faoh
of the girls had a basket in her hand,
and each of the baskets contmned a
game cock. They engaged
when they entered the place,or
dered refreshments; and niter tfiWhad
been served they told the attenefiffit he
might leave, as they desired nothing e’,se
and wanted to be alone. About two
hours afterward the propriety of the
place heard a rather unusual noise, and
went to the room where th© ladies were.
They at first refused open the door:
but upon being that if they
did not it would be broken open, they
unlocked it. Upon entering the place a
rathe? unusual sight met tbe landlord’s
gaze, opon the floor lay one of the
roosters” stone-dead, with a hole
through his head, caused by beiDgstruck
with a steel gaff fastened to the spur of
one of the other chickens, and tbe other
two birds were bard at work in an at
tempt to kill one another.
The girls at once insisted that tbe
fight should not be interrupted until the
birds had finished, and as no danger
seemed to threaten from outside, the
proprietor allowed it to go on; but it
was of short duration, for a red pile, the
property of Mies Woodford, soon
knocked bis opponent out of time. Tbe
girls then stated that times were dull,
they could not go out of town for want
of means, and so they went to a bird
fanoier’s, on Folsom street, and each
purchasing a bird, they concluded to
have a cock fight and bet their spare
change on the issnp. Miss Wood fold’s
bird proved the best, and after makiig
it a present to the restaurant man and
settling their bills, they left for other
scenes of exoitement.