Newspaper Page Text
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National Deßtcratic Ticket.
FOB PRESIDENT :
Samuel J. Tilden,
OF NEW YORK.
FOB VICE-PRESIDEST:
THOMAS 1. HKSDRICIS,
OF INDIANA.
State Deaeeratic Ticket.
FOR tWMIEMS- MiSHTH DISTRICT.
ALEXANDER H. BTHFRENB.
PRESIDENTIAL ELECTORS.
Far the State at Urfe-
A. R. LAWTON.
. JOHN W. WOFFORD.
ALTBSKATBS,
L. J. GARTRELL,
H. D. D. TWIOGB.
District Eleetare.
First District-A M. Rogers. of
Bnrke. Alternate, T. E. Davenport, of
G Beeond Distriot-R. E. Kennon, of
Clay. Alternate, James L. Seward, of
T Third District—J. M. DuPree, of Ma
oon. Alternate, W. H. Harrison, of
8 Fonrth District-W. O. Taggie of
Troup. Alternate, E. M. Bntt, of Ma
n°Fifth District—F. D. Dismnke, of
Spalding. Alternate, W. A. Shorter, of
F niton. _ . _ . .
Sixth District—Frank Chambers, of
Wilkinson. Alternate, M. V. McKib
ben, of Butts. ~
Seventh District—L. N. Trammell, of
Whitfield. Alternate, Hamilton Yanoey,
District—D. M. Dnßose, of
Wilkes. Alternate, F. E. Eve, of Oo
lnNinth District—J. N. Dorsey, of Hall.
Alternate, F. L. Harison, of White.
Caaareaalaaal N.mlnctlom.
First District—Julian Habtbidoe.
Second District—William E. Smith.
Third District— Philip Cook.
Fourth District— Henby R. Harris.
Fifth District— Milton A Candler.
Sixth District— James H. Blount.
Seventh Distriot— William H. Dab-
District— Alexander H. Sie
phenb. _ _
Ninth District—Ben javin H. Hill.
WEDNESDAY... .OCTOBER 18, 187A
It is predicted that Tilden will have
75,000 majority in New York, 12,000 in
New Jersey and 8,000 in Connecticut.
Market gardeners in both France and
England employ toads to keep down the
insects. A dozen of the extra quality
toads are worth £1 sterling in the Lon
don market.
General W. T. Wofford, of Garters
ville, has snllied a noble name by an
nouncing his intention to support Par
son Felton, the Independent osndidste
for fongress in the Seventh District.
The German Government is to post
pone the abolition of the iron duties
which were to to have come into effect on
the Ist of January, the Protectionist
movement being considersbly strength
ened by the late commercial calamities.
Ben Butler says he never thought of
running for Congress until he heard of
the “ Hamburg massacre” and then
“ he dropped everything to go to Con
gress as in 1861, when he went te Wash
ington at the call of duty.” Patriotic
spoon-thief 1
We are not of those who find any
apecial cause for congratulation upon
the faot that Judge Hoar is running
against General Butler in the Lowell
Diatriot of Massachusetts —that is if
either one of them is to be elected.
Judge Hoar openly proclains that the
only thing in Butler he approves is the
latter’s bloody-ehirt position. Butler
is s brazen-faced thief, who wonig op
press ns from policy. Hoar is a sonr
visaged puritan, who would mnrder ns on
principle. We hope, however, that the
candidacy of both of them will result in
the election of Mr. Tarbox, the Dem
ocratic candidate in the Distriot.
“ ‘The curse hs come upon me,' cried
The Lidy of 8halotl.”
The curse is on Virginia, too, cries
the Petersburg Post anent titles:
Here in Virginia we are all “Honorables”
now, and there are no “Mteters” or "Esquires"
left of any of the old or new etoek. The title
need to be an honorable one applied only to
gentlemen of distinction and high position—
never to one less than a member of Congress.
Bnt now it is bandied about among email po
liticians and obecnre officials until it has be
-a drag in the market and a worthless
mark of distinction."
Let Congress pass another law on the
subject of titles and enforce it by “ap
propriate legislation.”
The Centennial travel, the “orop
movement,” and the large inorease of
the transportation business generally
enable the Western railroads, notwith
standing the redaction of rates, to make
very gratifying reports of their earnings
for the month of September. The gross
earnings of twenty of these roads were
$6,827,866, against $6,408,677 for the
same month last year—an inorease of
$419,189, or 6} per oent., with only a
slight increase of mileage. Low rates,
more business and greater profits, is the
invariable report from every department
of industry, in which lower prices are
being tried.
An exchange says that New York city
on the 30th of September, this year,
owed $135,000,000. This was $900,000
more than it owed on the 31st of Au
gust, and $18,225,000 more than it owed
on the 31st of August, 1875. The aver
age inorease of indebtedness seems to
be about a million and a half a month,
nor is New York the only oity in the
country whose debt grows greater every
day. The fatare of the “ municipal
bond” question is full of doubt. The
time must come when debt increase
stops or else when oredit will fall. A
number of factitious causes tend to keep
such bonds np longer than their own
eredit wonld keep them—for instance,
the fact that they are the especially
legalized investment for trustees savings
banks funds, and the like—but there is
a limit to paying interest out of the
sales of new bonds, and sooner or later
unless there comes caution there will
ootne crash.
At the recent Anthropological Con- 1
gress at Jena, Privy Councilor
Schaafhauskn read a paper on the odor |
of complexion, eyee, and hair. He said j
that blue eyes indicate s lack of ooloring ;
which originally proceeded from infe
rior nourishment, and was evidence of a
weaker organization than is possessed
by persons of dark eyes. The lees col
oring matter there is, the lighter the
be of the eye, until, by reason of its
otter stows try the blood vessels become
visible, and the eye is red, as is the case
with the Albinas. The foot that people
tiring in the enaairy, other things be
ing qaal, have ligbt-ootoced eyea more
t ref ueotly than those living m cities is
accounted for by the inferior xpteitive
raioe of the vegetable food of the iocm*
as compared with the meat and beer of
the people of the cities. In the ming
ling of the blonde and dark types, the
latter usually shows the greater vitality, j
the ohiklrea assume the darker
<rftlß pLvioi The blonde complexion
usaaily carries with it a finer organiza
tion sod a higher and thinner voice.
Of sopranos and tenors, s majority have
light-colored eyee and tight eomplex- ■
ions, while of most alto singers, and.
particularly of bassos, the reverse isj
Ante. The fact that light hair and eyea
am more numerous in northern than in j
southern countries is sttribatoi to the ,
oolder climate, which conaomes the pigr I
meats of those features. ,Dt. Sohaaf
hacsen’s conclusions were based on sta
tuses muref ally gathered.
th* FRUSrRUTN FOR IWVBMBWHi
It is now generally oouoeded that the
Democrat* have lost Ohio by about the
same majority that they did in the last
Governor’s election, and that the Demo
crate have earned Indiana by a majority
from three to five times greater than
their majority in the last Governor s
eleetion. The enemy’s victory in Ohio
is virtually e defeat With the prestige
of their last suooeee, with the Republi
can candidate for the Presidency a ne
tive of the State, and with the Democ
racy weakened by dissensions growing
out of the currency question, they
should have carried e State where
Republican majorittwr in Presidential
years sinoe 1860 have averaged twenty
five thousand, by from fifteen to twenty
thousand. In the fact that they carried
it by only five or aix thousand is a con
fession of weakness which will probably
cost them the State in November.
The success of the Democracy in In
dians renders the election of Governor
Tilden s certainty. Sinoe 1860 the
average Republican majorities in Indi
ana at the October eleetion in Presi
dential years has been nearly eight thou
sand, the Democrats carrying the State
but once, and then by less than twelve
hundred votes. The Democracy this
year sweep the State by a majority so
large that it cannot possibly be over
come in November, and the chances are
that it will be increased st that time.
We have always contended that Indians
was the pivotal point in the Presidential
campaign. If the Republicans had car
ried it, only s desperate fight would
have saved us from defeat in Novembei,
Bat as the Democrats have carried it,
their snocees is reduced to s certainty.
Let us see if we cannot show reason foi
our confidence with a few figures whiob
we have compiled since the reoent elec
tions. The total electoral vote ia three
hundred and sixty-nine. The success
ful candidate must reoeive one hundred
and eighty-five. We have classified this
vote as follows:
Doubtful States.
Florida *
Louisiana
Wisconsin
South Carolina '
Total doubtfol —®
We have placed among the doubtful
States four in whioh all the ohanoee are in
favor of the Democracy. They are almost
certain of the fourteen electoral votee of
Florida and Wisconsin, bnt as they are
not quite certain we put these States in
the doubtful list.
Nepnblictn States.
Colorado
Illinois 21
lowa I*
Kansas 5
Maine J
Michigan , ••• H
Minnesota 8
Nebraska 3
Nevada 3
New Hampshire 8
Ohio 22
Pennsylvania 29
Rhode Island
Vermont • 8
Total Republican I*7
While there is every reason to believe
that the result of the reoent election in
Ohio will to dispirit the Republi
cans and enoourage the Democrats
as to give the State to Tilden in
November we plaoe it now is the doubt
ful list:
Democratic States.
Alabama 10
Arkansas 6
California 6
Connecticut 6
Delaware 8
Georgia H
Indiana 18
Kentucky 12
Maryland 8
Mississippi 8
Missouri 15
New Jersey 8
New York 85
North Carolina • • 10
Oregon 3
Tennessee 12
Texas 8
Virginia 11
West Virginia 5
IM
There is not a State in this list whioh
is not considered certain, and it foots up
one hundred and ninety-three votes for
Mr. T.ldbn, or thirteen more than are
necessary to his election. If Hates car
ries all the doubtful States the vote
would stand :
Hates 176
Tilden 193
There is not the slightest danger of
losing New Jersey, bnt suppose it
should go Republican and that Hates
should also carry, in addition to New
Jersey, the vote of every doubtful State
exoept Florida, the vote would then
stand :
Hates 180
Tilden.,,. 189
And the Democratic candidate wonld
have fonr votes more than are necessary
to an eleotion. The ohanoes are, how
ever, that Tilden will oarry all the
States in his list and Florida, Minneso
ta and Louisiana besides. The vote
would then stand :
Hates 154
Tilden. 215
Oar figures we believe to be oorreot,
and we feel oonvinoed that the result of
the November eleotion will prove their
accuracy.
THE GOLDRN TIDE SETTING THIS WAV.
The old world con tidies to send con
siderable quantities of gold to the
United States, thus reversing the pro,
cess, which has been oontinned for many
years, of draining this oountry of its
stook of precious motels. On Friday
last £68,000 were withdrawn from the
Bank of England for shipment to New
York, and a dispatch forwarded from
the latter oity on Saturday says; “£70,-
000 sterling in gold ooin was received st
the United States assay office to-day,
making a total of £230,000, and S4SO ( -
000 in American gold eoin was received
at the United States Treasury last night
from Europe.” The Record says the
causes of this movement are probably
numerous, and their force’may soon be
spent; but one of the most powerful of
them is the great ehange that has come
over the industrial, social and financial
system prevailing here. Instead of being
an expensive and extravagant country,
with high prieee prevailing for all our
products, and the desire to consume
large quantities of foreign luxuries
being general, the opposite tendency
is very noticeable. The nation
'is becoming mors anxious to pro
duce and sell than to oonsume and bay;
and instead of being a dear market it is
• comparatively a cheap one. While the
[ shrinkage of nominal values has been
1 enormous, and inoomes, whether de
i rived from labor or capital, have been
i greatly reduced, the aggregate agrioul
j tnral and manufacturing products of
| the Union, computed bp quantity rather
than price, are unusually large, and
oat of this plenty there ia abandonee to
supply hone wants sinoe they have be
come restricted, end to srere more than
the ordinary quantity of articles for ex
port. Whatever may be the egad of
this prooees in individual coses, it hoe
an undoubted tendency to reduce the;
volume of foreign indebtedness, to
check the exportation ot buUfcn, And
{ to lead to at least temporary iaaporta-
I tions of the precious metals. If specie
payments are to be resumed the con
l tinnanee of foreign trade on a basis
that leads to results like those which
are nop realized will do more than any
I other single capqe to facilitate them.
- ‘
Tax yellow fever seems to fee rapidly
. in Savannah. Only six deaths:
were reported for Wednesday—one white
and five colored, Wte disease is dying
because it has little Iqft to feed upon.
Many of the bust citizens,of Susannah
; ham fallen victims to this fearful
I foourge. We thank God that its ravages
have nearly ceased.
The Constitution says of Thompson,
the Ohio fellow who penned that sensa
tional dispatch, that he “ would make a
good Chairman for a rallying committee,
bat as a reporter of results he ia not os
yet an eminent success.”
ASfWVMMWWm AMD MEN-
We are informed that last Thursday
squads of Uni ed State* soldiers were
traversing the lower portion of Aiken
oonnty, South Carolina, arresting peace
ful and unoflsnding citizens. Ass
house was reached the occupant would
be brought forth and dragged through
the rain to Aiken. There they were
huddled into jail, wet to the skin and
without fire, to await the pleasure of the
United States Commissioner. These
infn hod committed uo crime. They
were respectable, law-abiding citizens.
Bnt they happened to have political
opinions of their own, and they were
persecuted for opinion's sake. Because
they refused to debase themselves and
degrade their State by espousing the
nsntft of thieves and murderers, they
have been hunted down like outlaws and
treated as the vilest felons. This is s
specimen of the political liberty guar
anteed to the citizen by the Constitu
tion of the United States. Martial law
has taken the plaoe of civil authority
and the bayonet usurps the functions
of the bench. What was done Thurs
day is buts specimen of what was done
yesterday and what will be done to-day.
If there be jastioe and generosity in the
breasts of the people of the North this
crime will bring its own punishment.
Persecution will re-act against the per
secutors. The blood of the martyrs ia
the seed of the chnroh.
THE CONGRESSIONAL DISTRICTS.
* ____
Nearly two months ago the writer of
this conversed with a distinguished mem
ber of the Georgia Congressional dele
gation who hod just returned from Wash
ington and the North. He expressed
perfect confidence in the eleotion of
Governor Tilden next November; bnt
he said, in substance, it was important
that the Democracy should strain every
nerve to retain possession of the House
•of Representatives. The Republicans,
he asserted, were so apprehensive of
Tilden’s eleotion that they were seek
ing to tie his hands withs hostile Con
gress, and were working desperately in
every State to accomplish their purpose.
It will readily be seen that Governor
Tilden would be almost powerless for
good after his eleotion unless at least
one branoh of the National Legislature
be in sympathy with his adminis
tration. With both the Senate and the
House of Representatives opposed to
him he would be placed in a position
almost as humiliating and impotent as
that ooonpied by Andrew Johnson after
the latter broke with the Repnblioan
party. The majority which the Republi
cans now have in the Senate is so large
th?t we cannot hope to overcome it
until after the general eleotion of 1878.
We must retain control of the House.
The reoent elections in Ohio and Indiana
while assnring the eleotion of a Demo
cratic President have lost the party
eight Congressmen in the two States.
Really the loss is mnoh greater than
these figures convey. Eight votes taken
from the Democrats and added to the
Repnblioans make virtually a ohange of
sixteen votes. We may reasonably ex
pert losses in other Northern and West
ern States—notably in Illinois, Pennsyl
vania and Massachusetts—and we hazard
nothing in predicting a small Demo
cratio majority in the Forty-fifth Con
gress. Under these oiroumstanoes great
oare must be taken that no losses are
sustained in the South. In Georgia we
hsye four districts where Republican
candidates are in the field—the First,
Second, Sixth and Fifth. In all of these
districts the Radioals master strong, and
the least snpineness between this time
and the e action may give them a vic
tory whioh would be as mortifying to
Georgia as it might be disastrous to the
country. In all of them there is a heavy
Radical vote. Two of them—the First
and Seoond—have just been snatohed
from the enemy, and one of them—the
Fifth—went against us two years ago.
In these districts there must be per
sistent andj! well-directed work until
November. In the First Distriot. espe
cially, the dissensions whioh divide the
Democratic party in Bnrke should be
healed, and that important county mnst
give its usual heavy majority to Hon.
Julian Habtbjdge, the Demooratio
nominee for Congress.
•SOUTH CAROLINA.
It is true that in the past few years
the efforts ot the people of Sonth Caro
lina to free the State from political
slavery have been but a series of disas
ters. But her best citizens have given
their support to the different political
movements whioh have had for their ob
ject the redemption of the State. Sno
068s is not the criterion of patriotism.
The good people of Sonth Carolina have
been, and are to-day, as true to the
principles of good government as they
were in the past, rtben the shield of the
proud Palmetto State was the emblem
of all that ia noble, pure and patriotic.
Her trne sons have been actuated by no
motive bnt patriotism, and have been
guided by no principle bnt honesty.
Many causes may be assigned for the
late political defeats which the good
people of that State have sustained, bnt
nothing has soutribnted more to bring
about this unfortunate result tim the
presence in her borders of the hated
monsters in hnman form, the enemies of
the good citizens, of both the white and
block raoes—the despicable carpet-bag
gers.
For months part tfre people of that
State have labored to threw off the po
litical chains by which they are now
bound. The Nestors of the State have
gathered themselves together for coun
sel ; th* distinguished members of the
Bar have laid aside &eir briefs; the
patriotic fanners have give# Jfenr aid
and support; the merchants have closed
places of business ; the whole peo
ple have united in a desperate effort to
reform the abuses by whioh they ere
now surrounded. By their labors they
hare deserved enooees, and, inspired by
hope, their feoes are again made bright
by the saulight of liberty.
The snooese of jb* chivalrous Hamp
ton means pesoe, prosperity and liber
ty; the triumph of the carpet-bagger
Chahjjkrlain will be the triumph of
dishonesty oyer honesty, and will bring
discord, rain and slavery.
We centre onr hearts apoo tjie success
of the right We are deeply mortified to
witness the criminal and unmanly action
of the Governor of that
people. Hie late proclamations are a
blot upon civilization.—are as monstrous
as they ere unparalleled.
The attacks upon the liberties of that
people as devilish as they are, assume a
more serious shape when we remember
that they are upheld by Federal bay
onets. Even to-day two more companies
are added to the Federal fores in that
State whioh is need to stifle free speech,
to punish liberty of oonsoienoe, to in
timidate 4merioan citizens and to forge
chains of slavery. The God
dees of Liberty who smiled upon the
efforts ot oar noble Washington wonld
hide hqr faoe in tears and in shame;
oould she (he arts of the Goths
and Vandals whp are eocypitting these
mimes jn her Rams. The day of de
linoMi is near at her citizens
will not (liter, right will prevail and
the sobs of Carotin* wfli again prove to
the world that “though her toil uy be
overrun, the spirit of her people is
invincible.” May God speed the day.
In the meantime let no man be afraid,
let no man make resistance to the mili
taiw. Let them surrender themselves
promptly, giya bond, and then go home
to work more geatyy sly than ever for
Hampton end Reform.
An advertising bull is perpetrated by,
the proprietors of • potent' pad in At
lanta. They gdrertiae the pod in a Sa
vannah paper ip a “preereotira of rellow
fever/’ they
to sere to risk this perfect preventive by
fitting it on and fletog to Savannah and
Brunswick. They direct parties Mish
it to send to Atlanta instead.
CAROLINA’S CHIEFTAIN.
WABI HAMPTON AT HOCK HILL.
The Wildcat Kathaalaaal Traiciradcca Omt
aaarla* et the Fea*l Calcctd Met la U
—“By the Stand Utl We will hare Her.”
[Special Dispatch to the Chronicle and Sentinel.]
Rook Hill, 8. C., October 12.
At 3 o’clock p. m. Gen. Hampton was
met 4 miles from town by 806 mounted
men. A white charger was in waiting,
whioh being mounted he rode through
open ranks amid the wildest enthusiasm.
Cheer after cheer greeted him as with
head bowed he slowly rode through the
ranks, greeting here and there old oom
rades in the army. The cheers from the
colored mounted club, 100 strong, were
immense. On his way he was ‘ met by
mounted clubs from Ft- Mill and Ches
ter. Arriving upon the outskirts of the
town he was welcomed by a committee
of citizens, who throagh Capt London,
extended him a friendly greeting.
As the head of the column, more than a
mile long, entered Main street it was
with difficulty that a way oould be made
for it, so densely packed was the street.
The scene in front of the hotel, when
Hampton halted, was most affecting.
Old men and yonng crowded around
him to shake his haad. At night a
torch light prooeesion, more than a
mile long, headed by two brass bands,
escorted Hampton to s stand most
beautifully decorated. In appro
priate words be was introduced by Mr,
J. M. Joy, President of the Tilden and
Hampton Club. When our future Gov
ernor arose cheers from 3,000 mouths
greeted him. In glowing words he
told of his mareh from roe mountains
t* the seashore and back again to the
Red Hills. That he had spoken to
more than 100,000 men and he had not
yet seen an armed body of men at a
single meeting or a single distnrbanoe.
He said that Chamberlain was no Gov
ernor for South Carolina, and we would
not tolerate him; that he was not a candi
date for office,but the people’s choice,and
so help him God he would be the peo-
Sle’s Governor; that Chamberlain had
belled Sonth Carolina, and he should
be made to suffer for his tyrannical
measures. He counselled quiet and or
der and a perfect obedience to the law.
That it was by a peaceable
revolution at the ballot box we intend to
upset the ruler of carpet-baggers. The
last words of Hampton were: “The peo
ple are at last aroused. They have arisen
in their majesty and have registered an
oath that Sonth Carolina belongs to
Carolinians, and by the Eternal God we
mean to have her.” W. Willingham
TYRANNY'S TOCSIN.
[Special Dispatch Chronicle and iSwhind.]
Aiken, S. 0., October 12.—Eleven
gentlemen in town have been arrested
and bailed at $2,000. Twenty-six in all
have been bailed, and six are in jail who
will be tried to-morrow. Warrants are
issned against them for the intimida
tion of American citizens of African de
scent from voting the Republican ticket.
By consent of all parties, the bail was
fixed by Commissioner Boozer. Corbin
reserved the right to refuse the bail iu
special eases. Conner, Youmans and
James Aldrich, of Aiken, are attorneys
for the defense. Corbin and Boozer will
remain here several days to try others
that may be taken. Dr. E. K. Barden,
of Aiken, Deputy United States Mar
shal, made the arrests here.
COamberlaln’a Manufactured Testimony,
f Correspondence of the Journal of Commerce.]
Aiken, October 10.—Gov. Chamber
lain’s two henchmen, Canton and Black
well, who were sent here more than a
week ago, for the purpose of manufac
turing testimony in the recent Ellenton
troubles, for political nse, remained in
our midst fonr days, secreted in the
back rooms of a negro politician, taking
only ex parte statements until they were
discovered by mere ohance in the midst
of their devilish deeds; then, and not
until it had been forced upon them,
would they consent to listen to the white
side of the story. After button-holing
every negro in town and making them
testify falsely, they took their departure
for Ellenton, under the guidanoe of one
of the most notoriously corrupt negroes
in this county. There they re-enaoted
their Aiken plans, taking only negro tes
timony. Several gentlemen of reputa
tion applied to these henchmen to be
allowed to testify, but to no effeot. As
one of the gentlemen that had re
quested to be allowed to give his
evidence had got off a little
spaoe, Canton, who is favorably known
to Mr. Fine’s faro bank in Columbia,
was heard to say “that they had not
come to Ellenton to hear these sons of a
b— lies.” This statement is vouched
for by a gentleman who heard the re
mark. As soon as I heard that these
worthies had left our town for the above
place, I immediately followed them.
Upon my arrival I was met by largo
number of citizens, who made the above
statements, and requested me, us a no
tary public, to take their evidence, which
I did, making no distinction between
the whites and blaoks. Messrs. Canton
and Blackwell had by this time gone on
their tramp throagh the woods, led by a
negro, who endeavored to display the
nsnal Carolina hospitality by taking
these agents of the maohine government
to his mother’s domioile, a respect ble
old manma, who inquired “Who dese
gem an were.” When told that they
were the tools by whioh Chamberlain did
his dirty work, she replied to their en
treaties for a night’s lodging by saying,
“I hab no room for sieh people.”
I remained at Ellenton fonr days, and
took in that time twenty odd testimo
nies of both raees, whioh clearly exon
erates the whites from all blame. Dar
ing Canton and Blackwell’s little per
formance in that neighborhood, rather a
singular inoident occurred. 4- negro
that has acted as oaptain of one of the
negro companies in the recent riot, in
his testimony before Canton, he was
made to identify the man that killed
the negro Bryant ; through some care
lessness of this renegade agent of
Chamberlain this testimony was picked
up and brought to me, without letting
the captain know that I was in posses
sion of his previous testimony. I pro
ceeded to examine him. His testimony
before me was in direct contradiction to
that taken before Blaokwell.
I then read his previous testimony to
him, to whioh he expressed the greatest
surprise, saying that I oould not read,
‘*an4 dat bukra man write whateber he
want and mak o to® B to a it-” This is
strictly true, and it is uppn evidences
that our citizens are to-day ejpegting to
be arrested. The United States troops
here are making preparation to make at
least five hundred arrests in this county
in the next two days. All of the ar
rests will be made peaceably. Sheriff
Jojrdan, Republican, disproves that por
tion of jf. f. portjjn’p letter in which he
says the civil officer to tbfg popnty says
he; conld not safely make the ffttfpy ar
rests, bat says, on the oontrary, he can
make all the needed arrests peaceably
and quietly, as he did in the Hamburg
Jg. U. Bardene. Salles Yates and M.
L. Champion (twig p^rP o t-baggers and
one negro) were sworn m to-dgy as Dep
uty United States Marshals. IT.
RADICAL REVELS.
Retaaed M IMvMa Tama Affair—
Can't Stud QaaatJcftf
[Special Dispatch to the Chronicle and Sentinel.]
Ellenton, S. G., October 13.—The
Radicals opened their campaign to-day
at Boose’s Bridge, whioh is their strong
hold in the county. W 0 were on hand
with several speakers to divide time
with them if agreeable. About 1 o’clock
Dr. Palmers and others from Aiken ar
rived, and when our proposition was
made khQwn that worthy gentleman
very decidedly, u it was a Re
publican meeting'we woqld npt force a
discussion upon them, although a large
majority of the negroes were anxions to
hear from both parties. James, Lawson
Holland, West, Pajmpr, Jefferson and
Stoney were the speakers, #ll candi
dates. Every on# of them was broken
down by questions pUea by the by
standers, except Palmer and Jefferson,
who spoke Whilst we ware arranging
some business with Canton.
About one hundred negroes were Pres
ent, the whites namberisg some forty.
It was the most complete failure ever
witnessed in the county. Four years
sro some of these speakers say they ad
dressed a crowd of 800 or 1,000 at this
same plaoe. The speeches were all ooo
servatiye and tame, failing to elicit any
applause. TJI OIO Wore three United
States Marshals on the ground, and will
bear witness to the goSd order during
the entire day. The whites hove s meet-,
ing Silverton to-morroW, and as Pal
mer and his ere’* 8° there also we will
vet have 4 chunks to fihow them up.
1 v * y; W. W.
SOUTH CAROLINA AFFAIRS. !
Tnas. far NewtouwHffß**? **?>■**
ed fee Pelawail—Ga*- AiTtco.
[Specials to Journal of Commerce.]
Columbia, 8. C., October 12.—Com
pany G, Eighteenth United States In
fantry, left this morning for Newberry,
b 668 ordered to that pointy This
moitok the fourteenth military poet ea
tablished m thebtaiji. Mie grand jury
of Abbeville, compoad bi fiye stored
men and eight white, presented Gov-,
era or Chamberlain to-day for defaming;
the character of the people of tbatconn
ty by issuing his preclamations,J declar
ing that domestic violence existed in
tbrt J.mtices P-
of Graham*, and Francis f Gjwdy, of
Puphyag, have written to th# Chairman*
of the Democrat! Committee of Barn
well, that all is ,niet and orderly in
Barnwell oonnty; .hat no snoh thing as
intimidation existt and that they are
not aware of any ssistance to the exe
cution of the law by any persons in
that oonnty.
General M. C. Sutler has written a
letter to Col. Hasfeil, Chairman of the
Democratic Exeotive Committee, in
which he says of ihamberlain’s boasted
“authentic legal etdence to substantiate
every fact and stasment” made by him,
Chamberlain, ths the same statement
was made by Chaibeilain, Stone A Cos.,
with reference t the “Hamburg Hor
ror,” and those >ersons charged with
complicity in j, and yet, when the
Court convened a September, they not
only had no legalevidence, bnt had no
indictments prepred, notwithstanding
the parties who and been charged with
the crime were ■) ready and anxious to
General Butls closed his letter by
arging the rifle dubs to disband and or
ganize as Demurs tic clnbs, withont
arms.
CHAMBERLIN'S COUP D'ETAT.
A MawniSeent Fine—Na Warrant Blanks—
Trial PaaqmtMi—Pale Wltnenae.
[Special Dispatch tithe Chronicle and Sentinel.]
Aiken, Octobq 13.—A1l parties gone
home, as the anporities had no warrant
blanks. The ne|ro witnesses were paid
$1 50 for sweariig. The parties bailed
are summoned ti meet in Colombia, at
the session of tla United States Court,
on the fonrth Monday in November.
About fifty negries from Ellenton come
to swear. The twn is quiet. Chamber
lain has been itvited to meet Hampton
here on the 20th,
THE RELEASED ON BAIL.
Rank Tyranny inn Hepublic—A Few Facta
far the Amerban People to Gonsider.
As intimated in our special telegram
from Aiken yesterday morning, the par
ties arrested unler the Enforcement act
were all releaied on \>ail and returned
home. We lekrn that a large number of
citizens of Aiken will go to Aiken to
morrow for thl purpose of ascertaining
whether there are warrants for their
arrest in the hands of the United States
Commissioner or United States Deputy
Marshal and t give themselves np if
snoh be the case.
In 3arnwell tut few actual arrests
were made. Thedeputy marshals went
throagh the county and notified a num
ber of citizens that they would be needed
at Columbia on tie fourth Monday in
November, at wlioh time the United
States Conrt meets. This was the only
form of arrest. No warrants were shown.
We find the following in the Charles
ton News and Cturier, of yesterday :
Blackvillb, 8. C., October 13.
United States Deputy Marshal Hanifin
arrived from t<e oity yesterday. He
went to Barnwel this morning and ar
rested three oobred Democrats —O. C.
Grant, Dick Saddler and Henry Winter,
ihe alleged offaise is the intimidation
of voters. The preliminary examina
tion before United States Commissioner
Eaton will be hid to-morrow. General
Hagood (who vas not arrested as re
ported), with some of the best citizens
of Barnwell, are here to give bond for
the colored Denocrats.
No whites lave been arrested yet.
The people an resolved to submit
quietly.
Aiken, October 12.— The schemes of
the Radical party to prolong its power
in this State by intimidating Demoorat
io voters and bj creating a reign of ter
ror among the middle classes are now
being put into operation, through such
men as Corbin, Wallace and their sub
ordinates, and the machinery of the
United States Government has been set
in motion to aid the moribund party in
its efforts to ave itself. Aa has been
telegraphed yoa, the United States de
tectives, Canton and Blackwell, have
been about hem for several days prepar
ing to carry into effeot plans matured
upon the foundation of their own and
D. T. Corbins false and partisan re
ports of the condition of affairs in this
county, and lait night the first move in
the game was made. Two detachments
of troops were sent down to the neigh
borhood of Rouse’s Bridge and Silver
ton, "acoampanied by three detectives
and by deputy marshals armed with a
number of arrest warrants. This morning
they returned to town with about twen
ty prisoners, and Deputy Marshal Bar
deene then appeared in Main street
with a large batch of warrants and com
menced his part of the work. About
his first arrest was George W. Croft,
Esq., the County Chairman of the Dem
ocratic party, and Captain of the Pal
metto Rifle Club, and in the oourse of a
couple of 'hours he had a dozen of our
young men deprived of their liberty.
Most of them were members of the rifle
club and had gone down to Ellenton at
the time of the difficulty to offer their
services in quelling the riot; but some
had remained quietly at home, and yet
upon manufactured negro testimony
they were subjected to the indignity of
an arrest. As if it was intended that the
malicious motives that were prompting
these measures should not be hidden,
these gentlemen were all imprisoned to
gether in one room for four or five
hours and placed under the guard of a
Radical negro. All the prisoners brought
in from the oonnty were white, with the
exception of John Halkerson, a Demo
cratic negro, whose only offense was his
politios.
The following named parties havo
thus far been arrested : From town,
George W. Croft, T. W. Ooffiu, Leigh
ton Finley, O. 0. Jordan, J. Lloyd
Courteney, John E. Quinn, W. W. Wil
liams, G. C. Moseley, 0. W. Moore, H.
B. Buckhalter, John Blalock, M. J. Ne
vin. From the county: J. J. Wil
liams, William Steed, Burrill McLain,
P. B. Paae, F. M. Green, Luther Koun
tree, J. J. Meyer, James P. HankersoD,
B. Glover, Joseph A. Stallings, W. E.
Bates, R. E. Tyler, G. Symkins, W. W.
Parrott, W. G Weathersbee, E. B. Ty
ler, J. W. Tyler, J. O. Boyd and John
Halkerson, colored.
It is believed that the presence of
General Conner and the others induced
Corbin to admit the prisoners to bail
more readily than he would otherwise
have dqpe. As soon as bail is refused
to any prisoner, and it is thought that
he has a half dozen of such on his list
the refusal will be promptly met, and his
plans will be, as iu this oase, in a large
measure defeated.
Notwithstanding the presence of
troops at the polls, with the minions
of District-Attorney Corbin at every pre
oinot to djrept their bayonets to their
purposes of iptiniidation, Aiken county
will certainly give a large majority in
November for Hampton. The people
are thoroughly aroused and are workieg
earnestly, and depute every effort of
Chamberlain, Patterson and the admin
istration, which lends them its power
and machinery to repress the spirit of
refof ja, they are determined to achieve
success.
' —'■■■-: ...err gr>
CHEATING the devil.
A Clergyman's Dash at Grantiam In and Ont
•f Washington.
“Cheating the Devil” was the subject
of a sermon in Unity Uhapel, Harlem,
by the Rev. T. Clarke. He
said that the prevalent iflea of Chris
tianity is that an elaborate trick is play
ed on the devil in the interests of its be
lievers ; that one may sell himself to the
devil and take pay in the pleasures and
prices of the world, and when sick of
the bargain escape from its obligations
by repentance, roll the sweet bait of
wickedness under the tongue until
satiated and then spit ont the hook and
leave the devil with his rod and line;
buy the devil’s goods on a long credit
withoqt paying a penny for them, and
then take the benefit of the theological
bankrupt act, and le#ve him to whistle
for his recompense. This piece of the
ological trickery is a substratum for the
frauds of business and the chicanery of
politios. Rank directors who have
squandered the savings of the poor,
Judges who rob the orphans of trust
money, municipal thieves. Congressmen
and Cabinet ministers whose hands are
full of bribes, all are following the doc
trine of cheating the deyil. Even
among the educated people there are
hundreds who sympathise with the man
who always took off his hat when the
devil was mentioned, not out ot respect
but because he did not know what
might happen. The idea that a man oan
oheat and lie until all virtue is squeezed
out of his soul like the juice from a
pressed orange, and then shaffie off all
the effects by some process of spiritual
legerdemain and oome ont heroic, happy
and holy is an insult to intelligence.
AN INDIAN SKIRMISH.
The BrtAUH Detected Stealing Govern
fisrisre4 Lively Kneeouer.
Cheyenne, Wy., October 14.—Last
night 20 head of horses were stolen from
-near Custer. A detachment of
soldiers Iqilowed the' trail and fonnd
the animals in the pdsseesion of a Mexi
can and 1 white* man * who! resorting ar .
jest, were both killed; "ImjUana drove a ,
wood party into the station,’ who were,
working seven mile* from Sagh .creek. A
number of Indians are reported to haye
left the agencies st noon to-day, and
have stolen 12 horses from McDvanney
ranch near the Chug water. Sergeant
Parker with a detachment of the Second
Cavalry, who arrived at the last named
place to-night, encountered a large body
of Indians at 5 o’clock this afternoon,
ten' miles from**Hurtofo
head of Richard’s Creek, ind in ftfight
which ensued Private Tasker was killed,
and left on the field. The Indians have
in their possession about 100 head of
ptopk and are heading tot Bridge Ferry.
STATE SUPREME TOURT.
DECISIONS RENDERED BT THE
SUPREME COURT OF GEORGIA.
[Atlanta Constitution )
MoAlpin ft al, vs. Lee. Ejectment, from
Lee.
Warn hr, O. J.
This was an aotion of ejectment
brought by the plaintiff on the demise
of Sanders W Lee, against Riehard Roe
and Robert G. MoAlpin, tenant in pos
session. to recover a certain described
tract cf land mentioned in the plaintiff’s
declaration. On the trial of the oase,
the jury fonnd a verdict in favor of the
plaintiff. It appears from the record
and bills of exceptions, that Lee, the
lessor of the plaintiff, claimed title to
the land in dispute under a deed execut
ed to him by Mrs. Willoughby, that Lee
sold it to Mims, taking his note for the
balance of the purchase money due
therefor, executing a bond to Mims to
make him a title when the purchase
money due for the land should be paid.
Mims was adjudged a bankrupt, and
Lee proved the debt due to Mims for
the land in the bankrupt Court. When
the bond for title was offered in evidence
by the plaintiff, it had a subscribing
witness to it. The defendant objected
to its introduction in evidence until its
execution had been proved by the sub
scribing witness. The Court overruled
the objection and allowed the bond to
be proven by the plaintiff, and the de
fendant exoepted. It also appears from
the reoird that Julia E. Mims, who
claimed possession and title to the land
against the plaintiff, was made a party
defendant, and on the trial offered in
evidence a deed from James Laramore
to Alexander Laramore for the land in
dispute, for the purpose of showing an
outstanding title in another, to-wit:
Alexander Laramore, and to show that
she olaimed under him, which deed was
of older date than the deed from Mr.
Willoughby to Lee, and older than her
title under which the plaintiff claimed.
The deed so offered in evidence the
Court rejected on the ground that she
oould not dispute the title of the plain
tiff. Whereupon the defendant exoepted.
The defendant, also requested the
Court to charge the jury that if the
plaintiff had proved his debt due for
the land in the bankrupt Court,he oould
not recover, which request the Court re
fused. and the defendant excepted.
The Court erred in admitting the
bond in evidence without proof of its
execution by the subscribing witness
unless his absence had been satisfacto
rily accounted for. The Court also
erred in rejecting the deed offered in
evidence from James Laramore to Al
exander Laramore by Julia Mims, one
of the defendants, who, as it is reoited
in the order making her a party defend
ant, “claims the possession and title to
the premises against the plaintiff” Who
Julia Mims is, the evidence in the rec
ord does not inform us, or how, or un
der whom she went into possession of
the land. The deed offered, was admis
sible in evidenoe under the statement of
facts disclosed by the record. Wheth
er she went into the possession
of the premises in dispate under
the plaintiff, or under Laramore,
the record is silent, the only evidence
upon that point is contained in the r
der making her a party defendant, that
she claims t e possession and title to
the premises against the plaintiff, and
that being so, she was entitled to intro
duce the deed for the purpose of show
ing under whose title she went into pos
session, and under whom she qlaimed to
hold it, if she could have done so. There
was no error in the refusal of the Court
to charge as requested, in relation to
the plaintiff, having proved his debt in
the bankrupt Court. The proof of the
plaintiff’s debt in that Court did not de
feat his legal title to the land, if he had
one. Let the judgment of the Court
below be reversed.
JacksoD, J. having been of counsel,
did not preside in this case.
Rosenateine vs. Forresters. Distress
warrant, from Lee.
Warner, C. J.
This was a distress warrant sned out
by a landlord for rent before the rent
became dne, on the ground that the
tenant was removing his property. The
rent agreed to be paid was specified in
the agreement to be cotton, corn, cot
ton seed and fodder. The defendant
filed his affidavit, and replevied the
property levied on, in which he alleged
the rent claimed or some part thereof
was not due. Upon this issue the case
was tried, and a verdict found for the
plaintiff for the sum of 8517 55. After
the plaintiffs had closed their evidenoe
the defendant moved the Court to non
suit the plaintiffs and dismiss the pro
ceedings, on the ground that a land
lord could not distrain for rent before
the rent was due when the tenant was
removing his property, where the rent
agreed to be paid was in specifics as in
this case. The Court overruled the mo
tion and the defendant excepted. The
difficulty suggested on the argument
here why this could not be done, was
that the landlord could not know what
would be the value of the specifics
agreed to be paid when the same be
came due, according to the terms of the
rent contract. The remedy given "by
the statute to landlords to distrain for
rent due them, is broad enough to in
clude rent agreed to be paid in specifics,
as well as rent agreed to be paid in
money, and there would seem to be no
good reason why the landlord should
not have the same right to distrain be
fore the rent becomes due in one kind
of rent as the other, when the tenant is
removing his property.
The landlord can make affidavit of the
value of the specifics agreed to be paid
for the rent, which he claims to be due
at the time he sues out the distress war
rant, upon his own responsibility as in
other cases. In this case, the defendant
did not deny that he was removing the
property in his affidavit, but stated
therein that the sum distrained for or
some part thereof was not dne, and re
plevied the property levied on. There
was no demurrer to the defendant’s affi
davit, and the parties went before the
Court and jury upon the issue, as to
whether the amount distrained for was
or was not due, and the jury found a
verdict for the plaintiff for the sum of
$Bl7 55, which was $106;07 less than the.
amount distrained for. There was no
motion for anew trial; and there was
no error in the refusal of the Court to
dismiss the plaintiff’s ease on the ground
that the rent claimed was payable in
specifics. Let the judgment of the Court
below be affirmed.
Josey vs. Stapleton. Assumpsit, from
Webster.
Warner, C. J.
The plaintiff brought his action
against the defendant on a written con
tract, alleging a breach thereof to his
damage two hundred dollars. On the
trial of the case, the jury found a ver
dipt for the plaintiff for the sum of
8300. The defendant made a motion
for anew trial on various grounds,
which was overruled by the Court, and
the defendant excepted. The presiding
judge certifies that the fourth and sixth
grounds taken in the motion were not
true. There was no errer in overruling
the defendant’s motion for a nonsuit, be
cause the plaintiff’s oause of action was
not set forth with sufficient clearness
and distinctness. Jf the plaintiff’s objec
tion had been well founded, it might have
been good cause for special demurrer
to the plaintiff’s declaration, or to have
objected to the plaintiff’s evidence un
der it, but it wps pot a good ground for
a nonsuit. fts * general rule, anew
trial will not be granted on the ground
that a witness, who was sworn at the
trial, states after the trial that he was
mistaken as to the facts testified to by
him, the more especially when the de
fendant fails to show to the Court by
his own affidavit that he did not know
that the facts were different at the time
the witness testified to them at the trial.
Mitchell vs. Printup, 25th Ga. Bep.
182 ; Jones vs. McCrea, 37th Ga. Rep.
48“ There is sufficient evidence in the
record to support the verdict, and,
therefore, it is not contrary to law, nor
the evidence. It does not appear from
the evidence in the record, that the de
fendant did not know as much about
the fence, or that he did not know that
Adam dia, before and at the time of the
trial, as afterwards. There was no enror
in overruling the defendant's motion
for anew trial. Let the judgment of
Court below be affirmed.
Gunnels vs. Deavours. Appeal, from
Sumter.
Warner, C. J.
It appears from the record and bill of
exceptions, that Deavours sned Gun
nels in a Justice’s Court on three prom
issory notes, two for SIOO each and the
other for $55 31, and that an appeal was
I taken from the decision of the Justice
to the Superior Conrt. On the trial of
the appeal, the defendant pleaded a
former recovery, aDd the pendency of a
former suit for the same cause of action.
It appears that some former pretended
suits iiave been instituted on these same
notes'fn' a'Justice’s Court, and carried'
by an appeal to the Superior Court,
where a pretendedjudgment *as render
ed thereon, which was brought up to
this Court by writ of error, when it was
held that the judgments were void. See
Gnnnels vs. Deavours, 51th Geo. Rep.,
496. The present suits were commenc
ed on the notes before the remittitur
from this Conrt was made for the judg
ment of the Conrt below, declaring
the pretended, suits and judgments:
therein vbid, and it was those pretend-,
ed suite and judgment* which the de
fendant pleaded to defeat the plaintiff^
recovery in the present suit. The Cotirt
charged the jury that, notwithstanding
the plaintiff admitted the faotß as set
forth in the defendant’s plea, the same
would not avail him as a defense, to
which charge the defendant excepted.
There was no error in the charge of the
Court in relation to this point in the
case. The legal effeol of the judgment
of this Conrt, declaring the judgments
and the proceedings on which the same
were founded void, was to declare that
no legal suits had ever been pending~on
the notes, or any legal judgments ren
dered therein, which could be pleaded
as a legal defense to the plaintiff’s ac
tion. The jury, under the charge of the
Conrt, to inquire whether the defend
ant’s appeals were frivolous, fonnd the
following verdiot:
“We, the jury, find for the plaintiff
the sum of two hundred and fifty-five
dollars and thirty-one cents, with inter
est and cost to suit; and we farther
find the appeals frivolous.'*
On this verdict, judgment was enter
ed for the snm of ssl 06 for a frivolons
appeal to which the defendant expected.
The charge of the Court in relation to
this point it! the oase, was error, as well
as the judgment on the verdiot for
ssl 06 for a frivolons appeal. Accord
ing to the provisions of the 36315 t sec
tion of the Code, the appeal must hot
only be frivolous bnt intended for de
lay only, to authorize a judgment for
twenty per cent, damages against an ap
pellant from a Justice’s Court. The
judgment of the Court below will there
fore be reversed, unless the plaintiff
shall consent to write off from the judg
ment, the snm of ssl 06, and in the
event he shall do so, then the judgment
of the Court below to stand affirmed.
Let the judgment be entered in con
formity with this opinion.
Sonthwestern R. R Company vs. Bald
win. Certiorari, from Sumter.
Warner, C. J.
This was a certiorari from a Justice’s
Court, and on the hearing thereof, it
was made to appear, as shown by the
record and bill of exceptions that the
certiorari was sanctioned on the 17th of
September, 1874, but was not returned
into Court, or lodged in the clerk’s of
fice of the Court, to which it was re
turnable, until the October term thereof,
1875. The defendant in certiorari
made a motion to dismiss it, which the
Court overruled, and the defendant ex
cepted.
The overruling the defendant’s mo
tion to dismiss the certiorari was error,
in view of the provisions of the 4057
section of the Code, which requires all
writs of certiorari to be made returna
ble to the next Superior Court alter the
issuing of the same, unless the Conrt
shall sit within twenty days after the is
suing of said writ. In this case, the
writ was issued in September .1874, and
not returned until the Ootober term of
the Court, 1875. Let the judgment of
the Court below be reversed.
Lester vs. Brown & Carmichael. Mo
tion, from Snmter.
Warner, C. J.
This was a motion to set aside a judg
ment in the Court below, on the ground
that it appears on the face of the judg
ment that it was not rendered according
to law. The other grounds taken in the
motion not being supported by any evi
dence, as certified by the presiding judge
were not insisted on here. The j udg
ment sought to be set aside, after stat
ing the names of the parties, recites
that the defendant having been person
ally served with the declaration and pro
cess in the case, and the defendant hav
ing filed no issuable plea therein, it is
considered and adjudged by the Court
that the plaintiffs have judgment, and
that they reoover of the defendant the
sum of $902 fO for their principal dam
ages, with interests and costs, etc., in
the usual form, and signed by the pre
siding Judge. The Court overruled the
motion to set aside the judgment, and
the defendant excepted. It was insisted
on the argument that the judgment was
illegal and void, because it did not recite
that the defendant had not filed an
issuable defense on oath. The Superior
Court is a Court of general jurisdiction,
and had the legal power and authority
to render the judgment in question
when there was no issuable defense filed
on oath. The record of the case in
which the judgment was rendered shows
upon its face that no issuable defense
was filed on oath by the defendant, and
the record is the highest and best evi
dence of the fact, and most control the
question whatever may be the recitals in
the judgment. The form prescribed for
entering judgments in snob cases is
merely directory, and a departure there
from would not render the judgment
void. The most that could be claimed
would be that the judgment was irregu
lar, and the subject to be amended as to
the form of it, but it is not void, and
there was no error in overruling the mo
tion to set.it aside. If the thousands of
dollars that have been spent by the peo
ple of this State since the war in unne
cessary and useless litigation, had been
applied to the payment of their honest
debts, or invested in substantial im
provements, the country would have
been in a much better condition than it
is now. Excessive and factious litiga
tion will be found to be an expensive
luxury to those who chooße to indulge iu
it. Let the judgment of tlie Court be
low be affirmed.
Jackson, J , having been of counsel,
did not preside in this case.
Calloway vs. West, et. al. Complaint,
from Lee.
Bleckley, J.
1. A promissory note made and dne in
1866, is within the Bth section of the lim
itation act of 1869, and is governed by
the Code. 49 Ga., 431. 2. That for a
period, beginning after the statue com
menced running, and ter j.inuting before
the bar attached, the note was in the
hands of the principal maker as an at
torney at law, under en
gagement to sue it to judgment against
himself and his sureties, which engage
ment he violated, is no reply to a plea
of the statute by such principal maker.
It is better that the creditor be left to
his remedy for the faithless conduct of
the attorney, as such, than that the
courts should make inrdads npon the
statute by admitting doubtful exceptions.
Judgment affirmed.
Pryor et al.,vs. Leonard. Motion, from
Sumter.
Bleckley, J.
1. Judgment against administrators
which does not provide for collection out
of the property of the iutestate, is only
irregular, not void, and is amendable.
2. That the jndgment has been partially
paid off, is no reason for not allowing
the amendment. 3. On a motion by the
plaintiff to amend, the administrators
will not be heard to say that they did
not have notice of the debt, when it
does not appear that there was any fail
ure to serve them with declaration and
process. 4. A surety sued in the same
action and included in the judgment,
cannot prevent the amendment from be
ing made by alleging that the principal
was solvent at and after the making and
maturity of the debt, and that his risk
has been increased by the plaintiff’s
inches. If be is discharged, that is do
reason for not correcting a mere irregu
larity as to his principal; and he oonld
urge his discharge as well with the ir
regnlatity corrected as with it unoorrect
ed. 5. The surety cannot, in resistance
to the plaintiff’s motion to make this
amendment, enter into the question of
his discharge before jndgment by giv
ing notice to sue, or set up an agree
ment between his cotinsel and the coun
sel of the plaintiff, to the effect that the
case would not be pressed, and that the
counsel of the surety might absent him
self from the Conrt, whioh he did ac
cordingly, leaving the plea of discharge
with the plaintiff’s counsel. Judgment
affirmed.
McDade vs. Hawkins. Claim, from
Snmter.
Bleckley, J.
1. That a request to charge, set out
in the motion for anew trial was made
and denied, must be verified bf the
Judge in the bill] of Exceptions or else
where in the reoord, or this Conrt will
not, where the new trial has been re
fused below, entertain that ground of
the motionjover the objection of oppos
ing counsel, presented at the proper
time. 3. The making of any request to
charge is not sufficiently verified in the
present case. 8. The jury had evidence
before them to warrant the verdict.
Jndgment affirmed.
Williams vs. Wilder et al. Injunction,
from Snmter.
Bleckley, J.
1. Suit by attachment will not be en
joined at the instance of a person who
is no party thereto, it appears
that it is proceeding to his injury, and
under circumstances that entitle him to
interfere by such means for the protec
tion of his rights. 2. That a promissory
note has been paid oft by the maker is
no canoe for enjoining a pending suit
thereon against; the .‘endorser, .each
payment will be a defense at law 3.
The vendor of land, *ho retained the
title, giving oolf a bend for titles and
who hak transferred takenjor
the purchase money endorsing fpm,
and who is sued on his endorsements,
has no right, because of these facts, and
because the purchaser is insolvent, to
enjoin the purchaser from selling the
land, or froth collecting the rente, or a
small debt due for timber cut from the
land and sold, or to have a reoeiver ap
pointed to take charge of the l“ d
collect th rente and the debt for time
her. " Judgment affirmed. •
TaoksoD, J., having been of counsel,
did not preside.
King vs. Connon. Equity, from Lee.
Bleckley, J,
After a partnership has been dissolv
ed, and one p .rtner has agreed to pay
all the joint debts, and has been com
pensated by the other for that agree
ment, if brm assets, undivided and un
disposed of, and in which both have
an equal interest, remain in the posses
sion of the former, and he exolndes the
latter from sharing in them, the latter
may maintain a bill to opmpel a just and
proper account and division. Judgment
reversed.
Jackson, J., being related to some of
the partiesdefendant, did not preside.
Atlanta vs. Grant, Alexander & Cos. In
junction. from Fulton.
Bleckley, J.
1. A chartered railroad, with all rights
aid privileges that properly appertain
to it as an instrument of transportation
(excluding, of course, the franchise of
the corporation to be a body politic), is
property, subject to be applied to the
payment of its jnst debts; and the whole
may be sold for that purpose in this
State under a judgment at law. 2. But
the judgment and the execution fouuded
thereon must be specially moulded in
substantial compliance with sections
3,082, 8,562 and 8,639 of the Code ; if
not in all cases, certainly in a case where
the railroad, in pursuance of the char
ter, has been located and partially con
structed in three counties. 3. A sale
under an execution not thus moulded,
about to be made by the sheriff, may be
arrested by an affidavit of illegality, in
terposed by the corporation through its
proper officer. 4. Such a sale, though
consummated without legal resistance,
wonld be void ; and consequently the
rights of other creditors, or of the
stockholders, wonld not be lost. And
if injunction, at the instance of oue or
more of these could be granted at all,
to prevent the intended sale, a necessary
condition would be that the executive
officer of the corporation had been re
quested to interpose an affidavit of ille
gality, and had refused to do so, or that
such request had been omitted for some
sufficient reason. 5. lhe judgment
from which the execution issned to the
present case is not void as a general
judgment, whether the element of con
tractor’s lien be sustainable or not; and
it is amendable by snperadding appro
priate directions for making sale of the
property, and for issuing a special exe
cution in conformity. 5. The declara
tion is sufficient; and the clerical error
in the date of filing is amendable by the
date of the process, fortified, as it is, by
the return of service. Judgment af
firmed.
John R. Worrill, et al., vs. F. M. Coker.
Equity, from Sumter.
Jackson, J.
Where the complainant was the as
signee of a mortgage and had foreclosed
and levied it upon the defendant’s land,
said mortgage being for the purchase
money thereof, and pending litigation
in reference thereto, the parties agreed
npon a settlement to the effect that de
fendant shonld pay annually so much
money giving his notes therefor; but if
he failed to pay any note that the mort
gage ft fa. shonld proceed to levy and
sell the land, retaining for that purpose
all its priority of lien and vitality, and
defendant paid one of the notes but
failed to pay the next two that were due
and oomplainant proceeded to advertise
the land under the old levy on the ft fa.,
and the defendant’s wife by collusion
with her husband claimed the land and
complainant filed a bill against husband
and wife, alleging the foregoing facts in
substance, and further alleging the in
solvency of both defendants, husband
and wife, and the waste of the land by
the defendants so that it would soon be
so exhausted and the timber be so de
stroyed that the land would not near
pay the purchase money, and praying
for a receiver to take charge of the land
and hold the rents, issues and profits
thereof to await the final hearing of the
oause; and where a reoeiver was appoint
ed and on the trial the defendants de
murred to the bill for want of equity,
and moved to vacate the appointment of
a receiver, and the Conrt overruled the
demurrer and refuse the motion to va
cate: Held, that there is equity in the
bill, and that the Court did right to
overrule the demurrer; and that this
Conrt will not control the discretion of
the chancellor in retaining the receiver
until the final disposition of the case.
Tufts vs. Little (last term); Chappell
vs. Boyd et al. (this term). Judgment
affirmed.
Moses Bryan vs. Ransom Bnggs. Equi
ty, from Lee.
Jackson, J.
1. Where the complainant brings a bill
for a receiver and for the possession of
land in the nature of equitable ejeot
ment, alleging insolvency and waste, and
the defendant, by answer in the nature
of a cross bill, prays for a cancellation
of the deed which he made to complain
ant, on the ground that the trade be
tween the parties was the exchange of
the land sued for by complainant for a
tract of land in Florida, and that he was
induced to make the trade by the false
and fraudulent representations of the
oomplatnant; and the evidence on the
question of such fraudulent representa
tions is conflicting, and the land which
complainant traded lay in the State of
Florida, and defendant had never seen
it, but acted upon these representations,
and the Florida land turned out to bo of
little value ; aDd the jury found and de
creed that the trade should be annulled
and deeds canceled, aDd that defendant
shonld retain possession of his original
land ; and the presiding Judge refused
to graut anew trial :
Held, that this Court will not coutrol
the discretion of the presiding Judge iu
overruling the motion for anew trial.
Judgment affirmed.
Benjamin J. Styles vs. the State. Mur
der, verdict voluntary manslaughter,
from Maoon.
Jackson, J.
1, Where the main current of the ev
idence shows the defendant shot de
ceased twice with a pistol from an ad
joining room, through the door, the
room whenoe he shot being dark, and the
other lighted np, several feet being be
tween the two, and that deceased, if
armed at all, only had a common knife,
and was not near enough defendant to
use the knife upon him, and that de
ceased was not the assailant, and that
defendant had made no effort in good
faith to decline the combat; and where
it was further proved that several days
before defendant had threatened to
take the life of deceased: Held, that the
evidence would have authorized a ver
dict for murder; and where the verdict
was only voluntary manslaughter and
the presiding Judge refused anew trial,'
this Conrt will not interfere. 2. Evi
dence of threats made fonr or five days
before the homicide is admissible to
show malice. 3. Defendant oan Dot ob
ject to testimony of what transpired the
same night at an adjoining village,
when he himself first introduced it,
though afterwards it be made to work
against him. 4. Where a difficulty com
menced at one groggery and terminated
at another, the same night in the same
village, all that transpired at both
groggeries is admissible as res
gestae, though some interval of
time may have intervened be
tween the beginning and end of the
rencounter. 5. It is not error in the
Conrt in charging the jury on the sub
ject of reasonable doubts, to tell them
that they could reconcile all the testi
mony if possible, and if not, to believe
those whom they thought most entitled
to credit. The credibility of witnesses
is matter peculiarly within the province
of the jury. 6. In a oontest, or per
sonal rencounter, between two persons,
where defendant set up the plea of act
ing in self-defense, sections 4331 and
4333 of the Code, shonld be construed
together; and It most not only appear
that the circumstances were sufficient to
excite the fears of a reasonable man,
and that the party killing really acted
under the influence of those fears, and
not in a spirit of revenge, bnt it must
also appear that the slayer thought, aud
believed, and had good reason to think
and believe, that the danger whs so ur
gent and pressing at the time of the
killing, that in order to save hia own
life or prevent a felony on his person,
the killing of the other was absolutely
necessary; and it must appear also
either that the person killed was the
assailant, or that the slayer had really
and in good faith endeavored to decline
any further straggle before the mortal
blow was given. Judgment affirmed.
W. A. Hawkins vs. The County of Snm
ter. Illegality to tax ft fa., from
Sumter.
Jackson, J. (
1. A set-off by note or acoonnt can
not be pleaded to an ordinary judgment
so as to arrest the execution issned
thereon; much less can it be set np by
affidavit of illegality to a tax execution.
2 A municipal or county corporation
hiast be allowed to collect their reve
nues for local government npon princi
pals of public policy, and the Courts
will not favor any interruption of such
coHeptjpn by _of illegality
claiming sets off, Wayne pi al., VS. Sa
vannah, last term. Jndgment affirmed.
A. W. Wheeler, Sheriff, vs. George W.
Thomas. Rule against sheriff, from
Snmter.
Jackson, J.
L In answer to a rule against a sheriff
for neglect of duty in levying upon and
selling property, he cannot set up that
he was served by defendant with an affi
davit of illegality which was predicated
solely on his own or his deputy’s neg
lect of duty. No man can take advan
tage of his own wrong, or tiiat of those
under his authority and subject to his
control. 2. In answer to rule, the sheriff
may show that the ft. fa. has been paid
off in whole or in part, and thereby that
the plaintiff has not been injured by his
defanlt to the extent olaimed, and it is
error to strike such answer on demur
rer, and make the rale absolute for the
whole sum apparently due on the face of
the ft. fa. Code, 3949; Cowart vs. Dan
bar, last term. Harper vs. Philips, this
term. 3. W bile a rule nisi calling upon
the sheriff to show oause why he shonld
not be attached for contempt in not pay
ing over the sum found due on the rule
absolute is necessary before an order for
attachment against him shall issue, yet
the rule nisi calling npon him to show
oause why he does not pay the money,
may also contain in itself a rule nisi for
attachment. The essential thiDg is that
the sheriff shall not be attaohed and im
prisoned without an opportunity to be
heard. 18 Georgia, 861. Wheeler vs.
Harrison, decided this term. Judgment
reversed. .
Williams, executor, et al., vs. Atwood
et. al. Claim, from Sumter.
Jackson, J.
1. The execution must follow the
judgment, and not following it either in
respect to the parties or the amount, it
is an illegal process ; if amended, the
levy falls. Code, 3636, 8495. 2. This
case, as now presented,* was substantial
ly deoided by this Court when here be
fore. 52 Ga. 585. Jndgment affirmed.
THE YOUNGER BROTHERS.
THEIR CAREER OF CRIME UP TO
TRK CASHIER MURDER.
TheKewnrda for Cole Aggregating $21,000
Killing All the Men Who Hilled Their Fa.
ther —In the Prison In Parlbanlt.
[From St. Paul Pioneer Press and Tribune,
September 28.]
The Youngers are probably most
known of the gang who perpetrated the
raid at Nortbfield. The father, Colonel
Henry Younger, was a man of some note
and worth. He was born in Crab Or
chard, Ky., but at an early day moved to
Missouri, and in 1830 married, the
fruits of the union being a large family
of girls and boys; of the latter, Richard,
Thomas, Coleman, James, Henry, John,
and Robert Ewing, attaining their ma
jority. Col. Younger figured somewhat
conspicuously in local politics, ihean
time attending closely to business, and
at the breaking out of the rebellion in
1861 owned a large livery stable in Har
risonville, Cass county, and was also do
ing a good merchandizing business.
Col. Younger espoused the oause of
the Union, bnt, notwithstanding, so bit
ter was the feeling against him resulting
from his active participation in politics,
that iu one of the raids into Missouri in
1861, by Kansas jayhawkers, led by Jen
nison, Col. Younger’s livery stable was
sacked, and property valued at $20,000
run off. In September of the following
year, while going to Harrisonville to
deposit a large sum of money, he was
waylaid and assassinated.
From this event it is olaimed by them
selves dates the criminal career of the
Younger Brothers. Swearing revenge,
they joined their foriunes with those of
Quautrell, the bloodiest cut-tbroat fig
uring in the history of the rebellion. In
1864 Cole joined the Confederate army,
going South with Gen. Price as captain
of a company, finally going into Lou
isiana, where lie wns when the war
closed. Up to this time, it is olaimed,
the brothers had killed all the men sup
posed to have been engaged in the as
sassination of their father. After the
close of the war, Cole, with a picked
band of his men, went to Mexico on a
mission of robbery and pillage, but
soon returned to settle in his old home.
Soon after his return from Mexioo the
people and authorities of Missouri began
a war of extermination upon Quantrell’a
bandits, resulting in soon making the
Younger brothers and others homeless
wanderers and refugees from justice.
Since then their oareer has been one of
unexampled crime, having been guilty
in an exaggerated degree of almost every
crime known to the laws. Large re
wards have been offered for their cap
ture, dead or alive, the rewords for
Cole alone aggregating $27,500. —
Cole, who is the spokesman for
the captives at Faribault, pleads in ex
tenuation that at first he only sought
vengeance, but that after a career with
Qnantrell’s guerrillas he found himself
so hunted and charged with hundreds of
crimes as to drive him into outlawry.
And mure, that since the Youngers and
Jameses have been known almost every
offense of the character of those in
which they have been engaged, has been
laid at their door, whether guilty or
innocent. “ Why,” he remarked to our
reporter, “ I am accused of enough
crimes to weigh me down, not one of
which I have been guilty of. With a
whole country infested with men who
make their living as have I, every one of
tbeir acts and my own have been attri
buted to me.” Those who converse
with the Youngers conclude they are as
artfol liars as they are reckless murder
ers, and no credence can be put in the
much talk in which they indulge.
In 1875 a preamble and resolution
were introduced iuto the Missouri Leg
islature—the preamble reciting the va
rious crimes charged against the broth
ers, and the resolution granting them
amnesty and restoration to citizenship.
The movement was ably advocated, and
resulted in a most exciting debate, aDd
was defeated by bnt a small majority. The
third of the bandits in durance at Fari
bault has been identified as Col. Carter,
a noted Texas desperado. He is consid
ered the worst man of the three, and if
he isn’t he is slandered by his face. He
looks it all. He has a wife and chil
dren, and the reputation of being the
“ablest” horse thief in Texas, which
abounds in characters of that class. He
has for years operated more or less with
the Jameses and Youngers, making his
house the headquarters of the gang
while operating in Texas. He was in
the Gad’s Hill robbery ind the lowa
bank robbery.
PATTERSON'S PRAYER.
Sherman Beeeeched to Spare More Bayonet*
to the Solid Sooth.
Washington, D. C., Ootober 13.
Senator Patterson with some persons
claiming to be from South Carolina,
called npon Gen. Sherman representing
to him that more troops are neoessary to
secure a peaceful election in that State.
Gen. Sherman is of the opinion that no
more are needed, as Gen. Rnger is in
command of, or has within call a suf
ficient number of troops to secure peace.
Persons purporting to be from Mississip
pi, called on the Secretary of War urg
ing a like need of troops for that State.
The Secretary’s reply has not yet trans
pired.
Hovr San Fraacl.cn Millionaire* Spend
Money.
[From the San Francisco Aleuts Letter. J
It seems to be a penchant among onr
millionaires to squander their money on
hotels, opera houses and fast women.
Senator Sharon has a seven-story palace
hotel, on whioh he is losing abont sl,-
000 a day; Senator Jones rans a news
paper and a Roman bath establishment;
E. J. Baldwin, another millionaire, has
bnilt an opera house and hotel, at a cost
of $2,500,000. Jim Keone, another mil
lionaire stock broker, has given Stra
kosch a $30,000 lot of gronnd, upon
whioh he promises to bnild an “Eetal
ian opera house;” and JaeperMcDonald,
a leading bear, has jnst taken posses
sion of one of onr leading theatres for
moneys advanced. It would seem as if
onr millionaire brokers intended having
a monopoly of all the luxuries of life.
Bride, at the Centennial Shaw.
[From the New Fork Times.]
Of all the people who live at the Cen
tennial hotels I think the newly married
couples—Philadelphia is full of them,
by the way—are the only ones who are
thoroughly contented and happy. It
makes no difference to them whether the
potatoes are watery, the meats dry or
the soup thin; and they don’t care a pin
whether the people talk to them or not.
They live in a little world of their own
and have no thought bnt for each other.
They all try to act as though being mar
ried was an old story to them, and still,
for the life of them, they can’t help
taking each other’s hands every five min
utes. The brides nearly all wear new
watch chains.
Humors op the Bench. —ln passing
sentence npon a colored hog thief the
other day, Judge Mackey, the grim dis
penser of justice in the Sixth (South
Carolina) District, asked the culprit
what time it would require to bring a
race of bogs np to full weight and ma
turity ? The thief allowed it wonld re
quire abont three years. Well, said the
Judge, I will give you just three years
and a half at hard labor in the State’s
prison, as i wish to give the people in
your neighborhood ample time to raiaa
anew stoe& before' you regain yfi^rlib*
member of the colored pea*
suasion, who was convicted of arson,
was called np for sentence and was told
if he had been a white man he would
give him one hundred years in the peni*-
tentiary, bnt inasmuoh as he* was a cob
ored man, and he wished to give him an
opportunity to see the next Centennial,
he would make it only W years.