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About Weekly chronicle & sentinel. (Augusta, Ga.) 1866-1877 | View Entire Issue (Oct. 18, 1876)
gntonfcle anfr 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.
