Newspaper Page Text
tKpromclc anD Sentinel
Xatiooal DenoeipUe Ticket.
FOB PKF.3IDENT :
Samuel J. Tilden,
t
OF NEW YOKEL
FOB YICE-PKEBIDENT :
THOMAS A. HENDRICKS,
OF INDIANA.
State Democratic Ticket.
FOR CONGHE**—EIGHTH DISTRICT,
ALEXANDER H. STBPHEXB.
presidential electors.
Vor the State at Larse.
A. B. LAWTON.
JOHN W. WOFFORD.
ALTERNATES,"
L. J. GARTRELL,
H. D. D. TWIGGS.
nut net Elector*.
First District—A. M. Rogers, of
Barke. Alternate, T. E. Davenport, of
Clay. Alternate, James L. Seward, of
Thomas. _ _ _ ...
Third District —J. M. DuPree, of Ma
con. Alternate, W. H. Harrison, of
Stewart. „ , ,
Fourth District—W. O. Tuggle, of
Troup. Alternate, E. M. Butt, of Ma
n°Fifth District—F. D. Dismuke, of
Spalding. Alternate, W. A. Shorter, of
Fulton. .
Sixth District—Frank Chambers, of
Wilkinson. Alternate, M. V. McKib
ben, of Butts.
Seventh District—L. N. Trammell, of
Whitfield. Alternate, Hamilton Yancey,
° f Eighth District—D. M. Dußose, of
Wilkea. Alternate, F. E. Eve, of Co
-lUNinth District—J. N. Dorsey, of Hall.
Alternate, F. L. Harison, of White.
ConfreMloakl Nomination*.
Fi,-st District—Julian Habtbidoe.
Second L'istrict—William E. Smith.
Third Distinct— Philip Coo*.
Fourth Distriot— Henry R. Habris.
Fifth District —Milton A. Candler.
Sixth District—James H. Blount.
Seventh Distriot—William H. Dab-
District—Alex***** H. Ste
phens. •
Ninth District— Benjamin H. Hill.
WEDNESDAY. OCTOBER 25,1876.
Govebnor Hendricks predicts that
Indiana will go for Tilden in November
by 20,000 majority.
The San Francisco Post opines that
the most bitter piece of satire on a
man generally affeots him least. It is
written and composed after his death,
and is commonly known as “an obitu
ary notice.”
The Abbeville Medium says “the
click of the pistols” Chamberlain claims
to have heard on “big Tuesday” was
only the springing of the valves on the
brass horns by members of the band.
This can bo established upon undenia
ble testimony.
The unexpected result of the Western
elections confirms and emphasizes that
wholesome moral, first dimly outlined
by Socrates, but lately improved so as
to read: “Don’t go out in the wet with
out an umbrella.”
Four or five able-bodied wasps can
•nfilade a student of military tactics and
make him realize in about two seconds
how widely different are active hostili
ties from a tranquil contemplation of
the pages of Vauban or Jomini.
It is a great and unprecedented trib
ute to the power of Germany that the
leading journals of both England and
France should be appealing to it as the
only nation which can still the threaten
• ing tempest of war, and say with au
thority, “Let us have peaee."
Wa learn that Mr. Henry W. Grady
has accepted a position upon the Altanta
Constitution under the newly organized
publishing company. We congratulate
the Constitution upon securing the ser
vices of Mr. Grady. He is .one of the
most versatile and accomplished writers
in the South, and has already achieved
an enduring reputation as a journalist.
We wish him abundant success in his
new field of labor.
There seems to be bad blood between
the two Woffords—Gen. W. T. and
Mr. Jno. W. The friends of the former
claim that the people confound the two
men, and that the latter was made elec
tor on account of this mistake. The
friends of the latter indignantly deny
the charge, and say that Jno. W. is in
every way the peer of W. T. Our im
pression was that the two gentlemen
were brothers and friends.
A larue quantity of cotton is daily
going into Augusta, and trade appears
quite brisk in all departments. Some
150 bags of cotton were burned on Sun
day night—mostly insured. For the
first time, ou Saturday last, we were re
galed with a sight of her celebrated
canal of which she may well be proud.
Success we say to the Venice of the
South. —Greensboro Home Journal.
The Republican party has not made
much headway during the centennial
year, as will be seen by the following:
DEMOCRATIC STATES, j REPUBLICAN STATES.
Connecticut 6] New Hampshire 5
Oregon 8 Rhode Island 4
Alabama 10i Vermont 5
Arkansas f. Maine. . 7
Delaware B'Colorado S
Georgia H Ohio 22
Indiana 15
West Virginia 5 Total 46
Total 59^
For once States instead of straws
bow which way the wind blows.
The South Carolina correspondent of
the New York Herald says one of the
army offioers stationed in that State,
whose wife is a niece of Mrs. Hamilton
Fish, not long ago wrote an indignant
letter to that lady protesting against the
dirty, petty political work the army was
put to do down there, and requesting
her to use her influence to have him as
signed to some other duty out of the
South, and stating that if she did not
aucoeed he would be forced to resign.
In a few days after he was ordered to
New York on recruiting service for two
veara, much to the gratification of him
self and friends.
Although the third quarter of the
year chows a large number of failures in
the country, the fact still exists that
trade, both domestic and foreign, is
much larger in volume than it was at
this time a year ago. Things are very
materially improving, but the complete
restoration of business is a tedious pro
cedure at the best. One thing is cer
tain, and that is that the country has
got down to hard pan and got rid of the
dead weight. The old methods of do
ing bn.’i nesß have returned, and that
means hoLif®* dealing, greater limitation
of credits small profits and quick re
turns.
It is thought L*e cowardly Bashi-
Bazouks, whose indiscriminate slaugh
ter of men, women and chJ^ ren * n ® a V
garia has excited the indignat. on °f the
civilized world, have found their match
in the Cossacks, who are enlisting bj
hundreds in the Servian army. The:
Cossack troops have always been distin
guished for their dash and bravery. If
aot so fanatical as the Mohometans,
they are attached with great zeal to their
religion as members of the Greek
Church. They are mounted on Bwift
aud hardy ponies, and in a charge de
scend like an avalanche upon the foe.
No part of the military campaign will
give them more pleasure than to avenge
the dastardly outrages of the Bazouks,
by cutting them down relentlessly where
ever they are encountered.
Capt. J. W. Wilcox, engineer of the
Asylum at Milledgeville, has been
granted a furlough and given a free
ticket to the Centennial.
edgefield county.
The writer of this has just had the
pleasure of paying • a flying visit to
Edgefield county, South Carolina. Be
fore the recent Democratic meeting in
that county Mr. Jas. A. Gray, onr well
known liberal and public spirited citi
zen, determined to show his sympathy
with the cause of South Carolina, and
especially his friendship for the people
of Edgefield, by taking over a party of
Georgians to the speaking. Wednes
day morning the party left in a hand
some ph*ton drawn by four horses and
driven by Evans Heggie, Esq., for a
ride across the country to the Court
House. Mr. Gray’s guests on the
occasion were Major W. T. Gaby,
formerly of Edgefield, but now a promi
nent lawyer of this city ; F. K. Huger,
Esq.; Col. Geo. D. Tilman, the Demo
cratic nominee for Congress in the Fifth
District of South Carolina ; Mr. Heggie,
and the writer. A pleasant drive through
the fertile farm lands of Western Edge
field brought us to the town soon after
the speaking had commenced.
The Audience.
The stand was erected in a beautiful
grove in the village, and had been
tastefully decorated by the fair hands
of patriotic women with flowers and
with banners and streamers, the latter
inscribed with appropriate devices.
The audience numbered twenty-five
hundred or three thousand people,
and oomprised all ages, both sexes, and
every class of society. Gray-haired
grand-sires ; venerable mothers in Is
rael ; dignified matrons ; blushing mai
dens ; young men grown to manhood
since the bloody days of Gettysburg and
Chickamauga; middle-aged men who had
fongbt at Culpepper and Brandy Sta
tion with Hampton, and who idolized
him as the Frenchman ef Ivry did King
Henry of Navarre—all were there to
welcome the Liberator. Hundreds of
the men came on horseback, commanded
by chosen leaders, and having as
a uniform a red flannel over
garment worn in derision of that
“ bloody shirt” of Morton’s, which
has just failed, though backed by
“plenty of money,” to carry Indiana.
They were, almost to a man, unarmed,
were remarkably quiet and orderly, and
listened with close attention to the
speakers. To illustrate what pains were
taken to prevent any disturbance or dis
orderly conduct we will mention that all
the bar-rooms in the village were closed
during the day, something that is never
done in any other State. The plan bore
good fruit, for we saw not a single
drunken man at the meeting. A num
ber of colored men were present—
some of whom wore the red shirts of
the Dem° crßt * 0 clubs, and all of whom
seemed deeply interested in the pro
ceedings.
Tlie Speaker* and the Spepplifi*,
The speakers were General Wade
Hampton, the candidate for Governor ;
Mr, W. D. Simpson, the candidate for
Lieutenant-Governor; Judge T. H.
Cooke, of the Abbeville, and Judge T.
J. Mackey ,of the Chester Circuit; Mr.
E. W. Moise, the candidate for Inspect
or-General; Mr. Gibbes, of Columbia;
and Colonel Frank Lipscomb, of New
berry. General Hampton’s speech, and
the speeches of most of the other speak
ers have already been mentioned in
the columns of the Cuuqniole and
Sentinel by our speaial reporter
who was present on the occa
sion. General Hampton’s was a manly,
dignified, able and earnest appeal for
honest g ooertifaent. No one present
could have failed to bf) impressed with
the perfect sincerity of his utterances,
and everj one agreed that South Caro
lina had been singularly fortunate in
the selection of the Moses who is to
lead her people from bondage to free
dom, out of darkness and into the light.
He does not etrijto one as being either
brilliant or showy, but fro l? a8 a happy
combination of all the qualities ybioh
go to make up the Patriot and adorn the
Man. There is something in his per
sonal appearance, in his manner and in bis
character which forcibly reminds us of
one of tho finest oreations of that grand
old master, T@4CR.eray, and one of our
party exclaimed as i>e fronted the stage
from which he was speaking, ‘‘There is
Colonel Newcomb I” We protest that,
in our humble opinion, no higher com
pliment could be paid to any man- The
condition of Carolina, the failure of pre
vious efforts in her behalf, the candidacy
of Hampton, the success which he has
! already achieved, and the prospect of the
still greater triumph wtdcjj throw
a halo of gj.ory around the setting sun
of November the seventh, bring to mind
one of the prettiest #sd most instruc
tive stories with which ft©j??- HBBAZADE
beguiled the morning hours of tha Sul
tan Schahriab. There was a fair city
which the spell of a wicked magician
had in an instant palsied with a sleep
as profound as the slumber of death.
The guard* slept upon the walls, the
oitizens in their houses, the menials of
the palace, and, in an inner chamber,
the young Princess to whom the land
belonged. One man alone could
the spell. Many came and made the at
tempt, but essayed in vain, and the city
aud the people slumbered on. At last
the true Prince came. At his touch the
gates flew back on their rusted hinges;
tho soldiers sprang into life again;
the menials began to move about; and,
best of all, the pallid Princess unclosed
her eyes, smiling like a bride and rosy
as the dawn, aud crowned with her love
the labors of her deliverer. South Caro
lina is the Princess; Reconstruction is
the evil magician who has closed her
eyeo in a slumber like unto the sleep of
death; Carpenter and Tomlinson and
Green have in yain attempted to arouse
her; Hampton is the true Prince, potent
against the powers of pyil, and at his
touch South Carolina throws off the
stupor which sealed her lovely lids .and
bounds into life and beauty, rewarding
with the treasure of her love him who
has wrought her deliverance. The
speeches were ail strong, argumentative
and temperate. They appealed to the
patriotism of the whites sd the reason
of the blacks. Chamberlain, indeed,
the Lucifer of the hell which Radical-,
ism has organized in South Carolina,
denounced, but every honest man
felt the denunciation to be just, and as
he heard his crimes revealed sighed for
a scourge to Uah the rascal naked
through the land.” As General Toombs
once said of the Republican party, this
man’s crimes have " fatigued public in- j
dignatioo.” Bat to* him South Caroli
na would have been spared half her
woes ; and in epite of him South Caro
lina shall be redeemed. The arguments
addressed to the colored men by the
speakers seemed to be fully appreciated,
and it is evident that a heavy negro vote
will be polled in Edgefield for the cause
of JJampton and Reform.
and Aeaaaaieation.
The speaking was not finished until a
late hour in the aiternoon. After it was
over the people departed for their
homes, bat before many of them reached
them a fresh proof was given of the evil
teachings of Chamskblais * Cos. Within
a abort distance of the town, and at
dusk, a party of six white me* were am
bushed, one of them killed and another
wounded with bails from Winchester
rifles. Afterwards a party i* search of
the body was fired upon and rtW an
other man wounded. The details ntfj
this shocking affair appeared in the
Trr.R AND Skntinkl of yesterday
morning. ?t was absolutely a crime
without a motif*. No provocation what
ever had been given tof the cruel deed.
As we have said before, fcfi* meeting was
unusually peaceable and quiet. 2s*ere
was no drank ecu ess, no fighting, no
disorder. The mea ware unarmed, and
were shot down like dog* while riding
quietly along the highway by fiends
animated by that spirit of wanton deviltry
which Chamberlain has infused into the
canvass. It is difficult to describe such
crimes and speak calmly of them. To
the credit of a sorely tried and long snf
feriog people be it said that the mur
der was not promptly and bloodily
avenged. Generals Gaby and Butler
counselled only lawful steps, and the
law will take its course. We heard
while in Edgefield that a plot against
Gen. Butler’s life had been discovered,
and he takes that life in his hand when
ever he goes abroad. Bat he is not at all
daunted by the knowledge oi this fact,
and has slackened no whit in his exer
tions to save hia beloved State. To
Gen. Gaby and to Gen. Butler
properly belongs the credit of the
“ straight-oat ” movement, which cul
minated in the repudiation of
Chamberlain and the nomination of
Wade Hampton for Governor. Their
strong minds and determined wills orig
inated and executed this scheme for the
salvation of South Carolina, and if it is
successful to them will success be due.
Conclusion.
General Hampton speaks confidently
of his ability to carry the State. He
has gone over a great deal of the ground
and is satisfied that he will get a large
negro vote. The enthusiasm of the
whites is something unparalleled and a
stranger is soon impressed with the fact
that they have determined to suc
ceed.
It gave us pleasure to observe
how highly Maj. W. T. Gary is esteemed
in his former home, and as we heard the
kind words which were showered on him
on every hand, we could but sympathize
with Edgefield upon her loss and con
gratulate Augusta upon her gain.
Edgeueld is the home of cultivation,
beauty, refinement, and hospitality.
She has a warm-hearted, brave and noble
people, who, notwithstanding the peril
of their position and the desperate na
ture of the struggle in which they are
engaged, fail not to display all the cour
tesies and elegances of life. The name
of stranger is the “open sesame” which
opens all hearts and unlooks all doors.
No one has felt its potency with livelier
sentiments of gratitude than the writer
of this feeble acknowledgment of hospi
tality unexpected and kindness unde
served. .
COMPARE THE TWO MEN.
The New York Sun says can any rea
sonable man believe Hayes is as fit for
the Executive duties of the Presidency
as Tilden ? *
Hayfb was a cipher in Congress. He
has never put forth an original political
idea. Those who know him best do not
venture to accredit him with executive
talent, though they may grant that he is
kind and amiable. As Governor of Ohio,
he is so hedged about by constitutional
restrictions that he is little more than a
figurehead. He has in no respect mould
ed the present canvass in his behalf.—
His backers, as also those who put him
up as a Presidential candidate, are far
stronger men than he, and they natural
ly pay no regard to the opinions, such
as they are, of the plastic Hayes. He
talked of pjyi)-service reform in liis let
ter of acceptance. He would be as
powerless to carry it into effect against
men like Morton, Blaine, Chandler
and the Camerons, as a child to make a
breach in a fortress. Hayes’ record is
that of a feeble, Appertain man, good of
heart, perhaps, but muddy of head.
Tilden, on the contrary, is a man
whose professional advice has been
sought, prized, and followed by a gener
ation of the ablest practical men of the
’ country. He is familiar with our whole
political history, and has, since he
readied uiephopd, been a prominent
actor in it. Finance, faction, the
limits of the power of the Government,
; and the duties of an executive officer
1 have been the subjects of his life-long
study. As Governor of New York, he
ba.Q ijiade his ideas and influence felt
1 throughput legislation, and can point to
1 a vastly reduced taxafipn the fruit of
his labors. Gov. Tilden haa left his
mark on this State, and he would leave
it on the National Government. He is a
man of rare executive ability, and of
1 backbone, with definite conceptions of
’ his political duties, and the will, the
astuteness, and (effe intellectual vigor to
! carry them out.
Nobody who compares Hayes and
Tilden fairly on their record can fail to
conolude that the Republican candidate
1 is a mere shadow beside the Democratic.
fiypiANA’S VOTE FOR CONGRESSMEN.
The Nashville American says: The
official majorities for O.ougress in In
diana shot? that although the Republi
cans have elected nine put of thirteen
Congressmen, they have no solace from
that fact, for it does not result from a
gain in the vote ou Congressmen, but
, from throwing Democratic counties to
gether giving a few Democratic dis
tricts with large majorities and a num
ber of Repnblioan ‘dijjitripts with small
majorities. Tho table of majorities
shows pf itself the unfair re-districting
of the BepqbUcwto*- The following are
the official majorities, with the Inde
pendent vote: Tota}lnd
District. Pm- flap- vote^
2 gjISS .... 944
3 5,469 .... J.P34
4 ..... 332 878
5 .... 1,509 9
I’’ .. 276 • 816
7 1,1(10 4,704
a 1,410 3.349
13 ••••....6,335 ....
18,526 10,643 14,958
This is much more favorable to the
Democracy as a nattop.al party than the
vote for Governor. The Democratic
majority for Congressmen is 7,883, or
2,764 more than on the Gubernatorial
vote. And 1 this is nearer the majority
the national Democracy can rightly
claim than for Governor. The in
dependent vote was very small in a vote
of over 400,000, and may be assumed to
have been drawn pretty equally- from
both parties. It is fair to presume that
in the Democratic districts the Inde
pendents were drawn from the Repub
lican party to the “ain, while in the
Republican t he y ftre likel - y to
have been drawn {raw .W* Democratic
party. This is reason able, and f the
usual course. In the Republican dis
tricts we find 11,065 Independent votes
for Congressmen, and 2,893 in the Dem
ocratic dtetriet ß . indicating a consider
able larger proportion from the Demo
cratic than from the Republican party.
We think, however, that the Indepen
dent votes from all indications during
the canvass were drawn in larger pro
portions than these figures j'rflic*te,
from fha Republican party. And it
may be fairly estimated, taking both
into account, that a very small majority
of Independents were from the Demo
cratic ranks. Every way we look at the
Democratic vote and the situation in
Indiana, it gives substantial encour
agement, and the farther we go with it
and the more we learn the better it
gets.
The present Congress haa not adopted
any joint rules, and consequently the
“twenty-second joint rule" is no longer
in force. This is the rule under which
the electoral vote counted, and by
its provisions an objection on the part
of either IJouse could cause the rejec
tion of the. vote ef any State. The elec
toral vote, therefore— aniess Congress
at the ooming session adopts the old
rule ,qr £ substitute —will be counted
under the somowhat doubtful provisions
of the Constitution, j*hjoh says; “The
Pceai4*nt of the Senate .shall, in pres
ence ef fiheftmjpte and House qf Repre
sentatives, open 4$ certificates, and
the vote shall then he ucwmtofl; the per
son having the greater number #c yotffs
for President shall be decUrad edeoted
President, if K)b a number be a ma
jority of the whole’number [of electors,
etc.” She qaestiena which are likely to
arise in caee qf p dose election>re;
What is meant by Veqtqted ?” and who
uhitli do the counting ?
Hkl n—Hie ladies*.
Washington, October 20.—Advices
have been received at the War Depart
ment that General Terry will imme
diately leave Fort Abraham Lincoln in
pursuit of the hostile Indiana.
HAMPTON AND SIMPSON.
A GRAND DiYIN AIKEN.
Am Imfaeuae Crowd in Attendance—One
Thousand .Mounted Men—Patriotic Speeches
by Hampton, Simpson, Tonmans, Gary and
Other-Great Enthusiasm.
Yesterday was a grand day in Aiken.
Hampton, Simpson, Youmans, Gary and
other distinguished sons of South Cro
lina were i resent. Gen. Gordon, who
was expected, wm absent from some un
avoidable cansralruch to regret of
the speakers and people. The proces
sion was formed at 10 o’clock, the right
resting on Richland avenue, just below
the Lyceum Hall. Fully one thousand
mounted men were in line. Among
these were many colored men in uni
form, Gen. Hampton, Col. Simpson,
Mr. Youmans, and Mr. Craft, Chairman
of the Democratic Executive Commit
tee of Aiken county. The line of march
was down Laurens street to Park ave
nue, down Park avenne to Chesterfield
street, and thence to the stand. The
speaking commenced at 11 o’clock.
A piece of artillery was on hand for
the occasion, and fired salutes during
the day. The Irish Volunteers’ Brass
Band, the members of which were in
full uniform, and the Grauiteville Brass
Band were in attendance. The streets
of Aiken presented a holiday appear
ance, and the ntmost enthusiasm was
manifested by the people. The ladies
were out in full attendance, and lent
their presence to cheer and encourage
their fathers and brothers and hus
bands. United States and Palmetto
flags floated in every direction. The
stand was beautifully decorated. A
large United Status flag was placed im
mediately in front. Mottoes and le
gends appropriate to the occasion met
the eye on every side. Between four
and five thousand people were present,
and all manifested the utmost enthu
siasm. The greatest good order pre
vailed. There was not the slightest dis
turbance, and we saw no arms, not even
a pistol, among the orowd. Among the
audience were a large number of De
grees. A parlor organ was placed in
front of the stage, and around it were
standing the choir, consisting princi
pally of little girls, about two hundred
in number, dressed in white, and waving
small United States flags. Several Geor
gians were present, and were invited to
seats on the stage.
As Gen. Hampton walked on the stand
he was met by two little girls, who
pinned a bouquet on his coat. Gheer
after cheer rent the skies as the old hero
came forward.
Mr. Aldrich moved that G. 'W. Groff,
County Chairman, be called to the Chair.
Adopted.
Mr. Croff presented to the meeting
Rev. Mr. Brown, who opened the pro
ceedings with prayer.
The Chairman requested Jas. G. Por
ter, C. J. Wessels, A. W. Oakley, and J.
St. Julian Yates to act as Secretaries.
The choir sang to the tune of “ Hold
the Fort,” the following anthem ;
•Save Our State,
Ho, my brothers, catch the war-cry
Bolling grandly down,
Prom the mountains to the sea-coast,
Swelled by every town.
chorus.
Save our State ! the dawn is breaking,
Hampton Bignals still,
Send the answer back in thunder,
With God’s grace we will!
See the wicked ones exulting,
O’er our mother’s shame ;
See them welding heavier shackles,
Por her prostrate frame.
Chorus-Save opr State ! &c.
See the “ Prostrate State” arising,
Hear her bugles blow,
Calling all her eons to rally
Bravely ’gainst the foe,
Chorus— Save our State! &c.
Brothers, shall she plead all vainly ?
Nay, on every mouth
Burns the vow, which is the earnest
Of a ransomed South,
Chorus —Save our State ! Ac.
Fiercely, though the battle rages,
Victory is near;
God is good and truth is mighty,
Cheer, my brothers, cheer!
Chorus —Save our State ! &c.
Mr. Croft said the citizens of Aiken
county had met to-day for the pur
pose of discussing the great ques
tions now agitating the State. Nev
er before in the history of the
country has such an issue been
presented. The people are strong
for their lives, their honor and their
property. He would introduce to them
their great, their beloved, their own
Wade ffampton. rflyis was greeted with
the most enthusiastic ohoering. The
band played Dixie.
Gen. Hampton’s Speech.
Gen. Hampton said it was with min
gled feelings of joy and pride and sor
row that he addressed them to day.—
Sorrow at their sufferings, at the viola
tions of the National and State Consti
tutions. Joy and pride that in spite of
ail their persecutions, the fires of pa
triotism and hope burned as brightly as
ever. Re came to tell them that the
great battle was won; that they could
not lose it unless through their own mis
takes, mistakes which their enemies
were aDxions that they should make.
The spotless banner which they had given
him to bear had been borne all over the
State. Wherever it had been carried
forth, Carolina’s children had met under
its folds and tbe cry had gone
up that this State }s ours by in
heritance from the Almighty. The
doom of Radicalism is sealed. Already the
Radicals see tho handwriting on the
wall.. They see that wherever we have
met the people of South Carolina aud
appealed to them they have come to our
ranks by hundreds and by thousands.
We have enough colored men in our
ranks to carry South Carolina. They
see this, and they have only left the
hope of a desperate gambler. They have
therefore made a foul conspiracy. They
are seeking to provoke a conflict be
tween the people of the State and the
United States authorities. As he was
coming here to-day he received a letter
from Cincinnati. Since this contest had
commenced be had the good wishes of
men all over the country, from Maine
to California, not only Democracts
but Republicans. They all say that
if they had been in the place of the peo
ple ofCarolina they would not have stood
as much as they had. The only hope
of the Radicals was the declaration of
marjb’ml Ifw. They hope for a c nflict.
They wisk'tp fce afjlo to draw thousands
of bloody shirts from thejr present ob
scurity and wave them in the face of the
North. He then read the letter from
Cincinnati saying that if no disturbance
occurs between now and November, Til
den fill lie the next President as sure as
there is a God ip Heaven. It advised
the people of ijQuiil .Carolina to be pa
tient. He wished to jsakp the test
of his discourse to-day. Tpe trpops aye
to-day among the best friends that we
have in the North. Treat them kindly.
He was glad that they were here be
cause they recognized the fact that we
were struggling fur the rights of Ameri
can freeman. forced by the
inexorable Jaw qf military seniority,
to fire upon the people of South Caro
lina, say to the# “ we have no war to
wage against the United States authori
ties and the United States flag. We
bare our breasts to your fire, for when
we die we die for American freedom.
Show that you are only struggling for
the rigute of American freemen. Ap
peal to the people of. the Union, and
.though the hpjlqt an| the bayonet tri
umpn over the ballot ih'this election,
you will finally triumph in restoring
the State. Let him entreat the people l
ot Aiken county not to let any rash act,
any rash expression escape them. Let
them keep on as they have done, and in
November .Chamberlain will be defeated
bv so great a majority, ibst be was afraid
to tell jt to them for few they would
ib'uk he had gone crazy. The Duke of
Wellington onee said that he made it a
duty to obey every law, whet tier right or
wrong. He called upon them to submit j
to the law. Give up everything, even
life itself to carry ont this great cause to
a successful and peaceful issue. They
all knew that the recent riots were
brought about by their enemies. .Only
last evening an inoffensive white man
was killed and another wounded while
ridiDg along the road. Gens. Gary and
Butler caiLad upon the people there to
restrain themselves .and not violate the
law in any way. He now called upon
them to do the same. Their .enemies
wanted them to do some rash act. But
he would do now as he had done during
Se S, fight a* fee had planned, and
not by the enemy’s .diteetions. it
we go on as we have pom
menced, on the Bth of November
von will see the old Palmetto flag
floating from the Capital at Columbia
over a disenthralled and regenerated
State. We must appeal to the colored
people to &id ns in redeeming the State.
Tell them yon* candidates are pledged
before God to recognize them as your
equals before the law. ¥eil them this
and you will see them coming in fey >
hnnflteds, He did not wish to detain
the meeting because the day, contrary to
every other instance daring the campaign,
was not as propitious hi they might
wish. Jt looked as if the very Helens
were weeprite over their misfortunes.
He only appealed bear their wrongs
patiently. He knew how hard it was
for a freeman to obey this command but
be hoped and trusted that they would
repress their feeling. He hoped and
prayed to .God that their efforts would
be crowned with success. In the words
of the little song, “May God save onr
noble State.”
Polpnel Sinpaoß,
Mr. Croft introd need Colonel W. TANARUS,
Simpson, Democratic candidate for
Lientenant-Go vernor.
Colonel Simpson said when he saw
this vast audience he coaid not but be
lieve that the m tto now before him,
“South Carolina shall arise,” would be
realized on the Bth of November, and
that their noble leader, Wade Hamp
ton, would then take the helm. He be
lieved that Chamberlain’s conduct was
such before the country that his own
followers would desert his banner and
come to ours. How widely different
was the conduct of Hampton and Cham
berlain. Hampton pledged himself that
if he was elected he would see that the
rights of the colored people were fully
protected. It was needless for him to
discuss some of the Issues involved in
this great contest. All were familiar
with them. We charge that the govern
ment of this State during the past eight
years has been a complete failure ill all
its departments. Chamberlain had in
effect admitted this. Did a partisan
feeling ever bring out such an audience
as this ; did it ever bring beautiful and
delicate women, stalwart men? It was
a much grander sentiment which had
called ont the people to meet General
Hampton. It was the noble desire for
re orm. In addition to being partisans,
Chamberlain charges that the actions of
the people of the State are illegal. He
said this because he alleged that
he had been badly treated. If he
had considered the fact that he
was looked upon as the embodiment
of all tho wrongs that the people had
suffered, he would not have thought
this treatment so straDge. All that the
people had to do was to move forward in
the line they had adopted. The enemy
was in retreat. Chamberlain had been
trying various remedies to suit his own
and his party’s condition. First he went
to Washington to see Grant, then he
stumped the country, then he had
troops sent into the State, and we are
glad to see them. Chamberlain’s head
was swelling; Hampton’s nomination
had stricken him over the head with the
leg of a chair. He concluded by thank
ing the meeting for the strict attention
they had paid to him.
Col. Youiuan*.
Mr. Aldrich introduced Col. Leroy F.
Youmans, the Demosthenes of bouth
Carolina.
Col. Youmans said he appeared before
them to second the efforts of the distin
guished men who had preceded him.
He brought them glad tidings of great
joy, from all over the State. The same
earnest enthusiasm was manifested
everywhere to redeem and disenthrall
the State of South Carolina. The Con
gressional District, which embraces the
County of Richland, with a preponder
ance of negro voters, will certainly elect
Mr. Aiken to Congress. So with other
districts. W T allace, tli9 Republican can
didate for Congress, will undoubtedly
be defeated. One hundred years ago
our fathers made the same fight witji
arms that we now make with argument.
Fight for home rule, fight against un
just taxation, fight for reform. , Do you
want to know how Indiana was carried ?
By hard work, by popular enthusiasm.
The canvass is being waged just as
fiercely at the North as it is at the
South. It is a fight of honesty against
dishonesty, of low taxes against high
taxation. The people of the United
States have determined to put down the
disgraceful state of affairs in the Nation
al Government and they will do it.—
Elliott had enunciated the doctrine that
a carpet-bagger should be elected Gov
ernor in preference to one of our own
people. That other arcadian, D. T. Cor
biD, had charged iti a public speech that
D. H. Chamberlain had been part and
parcel of all the thieving and plunder
ed commissions during Scott’s admin
istration. Corbin certainly ought to
know. And yet Chamberlain had the
hardihood to claim that he was a reform
er. God save the mark 1 Corbin was
damniDg evidence of Chamberlain’s in
famy, and, by the way, Corbin wasn’t
going to vote the Radical ticket, at
le 8t not for some of it. He will not
vote for Elliott. The speaker then told
an amusing anecdote about a coon and
a pole cat. The cat intruded into the
coon’s nest, and when the coon asked
who he was he said he was a coon .
“Well,” said the coon, “you don’t talk
like a coon,” and afterwards “you don’t
smell like a coon." So Chamberlain
said he was a reformer; he answered,
“you don’t talk like a reformer.”
Sooth Carolina in the pale of the law is
mounted and prepared, and she will win
the fight. When Chamberl in called
upon Grant for troops he played the
gambler’s last card. Chamberlain said
that this was an insurrection, whereas
it was a resurrection. The stone would
be rolled away from the sepulchre, not
withstanding’Roman soldiers guarded it
by day and by night. South Carolina
is bound to succeed. Having tried one
Republican, Carpenter, and failed, an
other, Green, and failed, we determined
at last to enjoy the luxury of voting for
the man we loved so. Wade Hampton
was nominated, and when Morton and
Andrews said it was folly to give the
ballot to the colored man for twenty
years, Wade Hampton, with a pure phi
lanthropy, contended that the ballot
should be given to the black man. Tiiis
was the man that the colored people
were called upon to help make Governor
of South Carolina. This is a contest in
which we must win. We don’t object
to troops, but we do object to their be
ing brought here on a proclamation,
which is a lie on its face. If it was not
for|the White House he would never have
advised the rifle clubs to disband for
they had a legal right to exist. He
would have said to them answe him as
the flint answers steel, with fire. No
human power can by proclamations
avert this peaceable revolution which is
goiug on. What makes the Radicals
weep and gnash their teeth with rage is
the fact that the colored people have at
last opened their eyes and are leaving
their ranks. Tbe white men will see to
it that colored men who wished to vote
the Democratic ticket shall be protected
in so doing. A strong pnll, a long pull
and a pull altogether and South Caro
lina is redeemed. South Carolina shall
never be the home of the Anglo-Saxon
slave nor tlie cemetery of Anglo-Saxon
liberties.
l*eneral M. W. Wary,
General Gary said he was always glad
to meet the fair daughters and the
noble sons of Aiken. He had been re
quested by their noble leader to correct
some false statements made in a letter
to the New York limes. It charged
that he (General Gary) had said in a
public speech that this was a white man’s
State and would be ruled by white men.
These were only garbled extracts from
his speeches. The writer stated the
Radical majority at 25,000. How was
that majority obtained ? By ballot box
stuffieg. What was the declared ma
jority of Governor Chamberlain at the
last election ? It was only 11,000, and
that too obtained by fraud and chican
ery from fir a t to last. He for one
would protect the colored people in all
theif rights. He respected them for
their conduct during the four lpng years
of war, when they were left at bogie to
protect our sisters, our wives, our
daughters and our sweethearts. Lately
at Edgefield when a gallant but impul
sive young Georgian was about to shoot
a negro, he told him not to shoot, and
whefi he persisted, he drew his own pis
tol and told hip) if hp B h°t that negro he
would shoot him dowp. 4 n 4 he meant
what he said, apd as snpe as there is a
sky above us ho would have done it.
Wnen he weot back into the Union and
received the protection of its flag he
would be without honor if he did not
abide by the result of the war. He
scorned to live under a flag that he was
not willing to defend. What do we want
with' ritte clubs ? Do we want them to
fight the negro? Why no; we want
nothing bn* 8 g°o d Bti cfc to £hip him
out if it becomes necessary,
He was sorry that he had to refer at
all tfb the lying statements of the corres
pondent. He was now done with it
He n-pDOsed to come nearer home and
speak of 1). U. Chamberlain. He had
commenced His campaign long before he
was ’nominated. He hafl sowed tue
seed which grew up into riot after riot.
He had testimony to support 1 this.
Chamberlain had never attempted to de
ny the evidence of colored men in regard
to the Hamburg riot, implicating him
(Chamberlain) in that affair. If Cham
berlain expects to carry the election by
intimidation o? by force, he will fail.
Chamberlain bad neve? denied the
efiarges that Judge Carpenter bad made
against him. ’ Convicted thief as be was,
he had never answered them. Carpenter
wae ot least different from Chamberlain
in op thing, he knew how to tell
the truth. Judge Coot, a native of
South Carolinian, had charge* ccyeral
plundering operations upon Chamber
lain- JI Chamberlain cannot be tried
for breach of Gust he was no lawyer.
He increased the tai.ee from nine and a
half mills, which they yrare in Scott’s
time, to {.jrejye mills. And yet be calls
himself reformer. God save qs from
such a reformer as this.
Gen. Gary spoke specially about the
Hamburg and Ellenton riots, and showed
that Gov. Chamberlain was directly re
spouflibte for both.
Gen. Gary was followed by Mr. Wool
ley and Mr. Aldrich, delivered short
addresses.
After the speaking Gen. Hampton was
escorted to dinner by a large detachment
of mounted men, who cheered him en
thusiastically along the route.
The'2oth of October, 1876, will long
be remembered by the good people of
Aiken county.
Col. A. F. Butler and others who
were at the meeting were arrAted after
the speaking was over. We did not
learn whether they were bailed or not as
the train left for Auensta before the
matter was settled. Mr. R. A. Chaffee
was bailed Thursday, in the sum of
three thousand dollars.
MORE RADICAL VILLAINY.
WHITE MEN AMBUSHED BY NE-
GtROES.
One White Man Killed and Two Wonuded—
Bloody Work Near Edgefield.
While Grant is poaring Federal troops
into South Carolina for the purpose of
overawing public sentiment and pre
venting a free expression at the polls,
with the professed object of protecting
the negroes, the latter are revelling in a
bloody career of crime and ooolly mur
dering white men with arms furnished
by the State authorities. Our readers
are already familiar with the terrible de
tails of the Cainhoy massacre, in which
four whites were killed and a number
wounded, by a horde of perfidious
negroes. The echoes of that occur
rence have not died away before
we are called upon to chronicle a simi
lar affair nearer Augusta. Again the
“intimidated” negroes who require the
entire United States army to protect
them from the rifle clubs are the un
provoked aggressors.
The meeting at Edgefield village last
Wednesday was quiet and orderly to an
exceptionable degree. The utmost good
feeling prevailed, and nobody dreamed
that there would be any trouble what
ever. Many negroes attended the meet
ing and listened quietly to Hampton,
Simpson and the other speakers. But
Radical malignity was at work, and it
was evidently a preconcerted scheme
that if the whites would not provoke a
difficulty the negroes should.
After the Speaking
The audience broke up, and as many of
those present lived some distance in the
country, squads residing in the same
neighborhood rode homewards along the
different roads, utterly unsuspicious of
danger, as they had no reason to suspect
any. In one of these squads were
twelve or fourteen men. These were
riding along the Cheatham road, towards
the Liberty Hill section, where they
lived, and when about two and a half
miles from Edgefield, at a place known
as the “Promised Land,” were fired
upon by some negroes who were in am
bush apparently several hundred yards
distant. One of the balls passed through
Mr. John Gilmer’s light eye,
Killing Him Instantly.
Mr. Edward Yeldell was shot through
the right arm. and painfully wounded.
The conceale’d negroes fired several
volleys in rapid succession. The whites,
although taken completely by surprise,
dashed into the woods in search of the
murderers. The scoundrels had de
camped, however, and could not be
found. One negro was seen running
across a field, but he managed to effect
his escape. All search for the bush
whackers proved unavailing. It was evi
dent that the negroes were armed with
Winchester rifles from the rapidity of
their fire and the distance from the road.
Later in the evening Mr. Jones Outz,
while returning to Edgefield from the
scene of the murder, was fired upon
from the woods by parties in ambush
and shot through the leg. His horse
was so ( badly injured by another shot
that it is thought it will die. The body
of Gilmer was carried to Edgefield, where
it was lying in state yesterday morning.
The funeral took place during the day.
The attack on the whites was utterly
wanton and
Unprovoked.
As stated in the premises, the utmost
good order prevailed at the meeting, and
nothing was said or done to cause such
a dastardly deed. It is but another
scene in the Radical programme of hate,
another outrage against God and man,
for which the people of the Union will
hold them accountable. No one at the
meeting anticipated any trouble, as the
people had simply assembled together
for the purpose of hearing political
speeches, and as free speech is one of
the prerogatives that South Carolina
Radicals especially clamor for, and call
upon Grant to protect them with troops,
in order that they may be assured of a
right which nobody has denied to them,
Democrats had good reason to think
that there would be no disturbance,
But the result showed that the plunder
ers are not so ready to accord to others
that which they are so tenacious of
themselves. The people of South Caro
lina are certainly patient nndet their
wrongs. Their forbearance under such
provocation gives the lie direct to the
malicious charges of Grant and Cham
berlain, and should convince the whole
country that the only object of the pres
ent Radical hue and cry is to perpetuate
their own usurpation and.continue their
plundering for at least four years longer.
TIIE BURKE COUNTY ELECTION.
A .Statement Concerning llie llecent Contest.
Waynesboro, Ga., October 16th, 1876.
Editors Chronicle and Sentinel :
In answer to a commnunication signed
“Vigilant,” in the Constitutionalist, of
the 14th inst., I have this to say in cor
rection of gross misrepresentations
made, by that correspondent: “H. W.
G. writing under date of October 6th,
has placed the gentlemen, Messrs. Cork
er and Perkins, where they properly be
long—that is, he was correct in saying
they were two of the Independents elect
ed in the State to the next Legislature
from the county of Burke. The Nomi
nating Convention did not divide “near
ly equally,” as asserted by “Vigilant.”
From the organization to the close of
the Convention, Judges Perry and Mc-
Elmurray were largely in the majority.
On the first ballot they only wanted two
votes of receiving the two-thirds majori
ty, and during the whole of the ballot
ing the votes stood : Perry and McEl
murray, 29; Corker, 22; Perkins, 19
This was the average vote of the Con
vention during the entire sitting. S. A.
Corker’s ticket was unpopular with the
Convention because he was (and is now)
considered the leader in all Independent
movements previously made in the
county. *
Who bolted the Convention, made the
Independent nomination, were Corker’s
own personal friends, manoeuvered into
the Convention for the express purpose
of advocating his claims. They then
“associated” (using their own term) the
regular nominee, Wm. P. Walton.
Now, I will sliow that they did not get
the white vote of the county. The offi
cial returns from the different precincts,
when summed up, stood as follows :
The Norcroßß vote (entirely negroes) 1,367
The Colquitt vote (about 750 whites) 1,035
Noreross majoritv 332
8. A. Corker’s entire vote 1,922
Subtract the negro vote 1,367
555
Subtract the negro vote for Colquitt voting
the-Corker ticket 185
Corker’s white vote 370
E N Perkins’ entire vote 1,813
(subtract the negro vote 1,367
446
Subtract the negro vote for Colquitt voting
also far Porker ticket 185
Perkins' entire white vote 261
T. J. McElmurray’s entire vote 712
Subtract the negro vote which voted the
Colquitt ticket and the Democratic
ticket, not exceeding this figure 100
His white vote ' 612
H. JI. Perry’s entire vote 608
Subtract as above Democratic negro vote 100
His white vote 508
This is as near correct as an honest
investigation can make it. • They may
figure as they please, but they cannot,
in truth, make it appear that they re
ceived the white vote of the county.
The negroes all voted the ticket as the
Independent ticket, headed by Jonathan
Noreross'fof Governor; were instructed
so to vote by their colored' leaders and
by J. E. Bryant himself. Can these
gentlemen, as good Democrats, take
their seats in the next Legislature, con
trary to the will of the white people of
our county. Burke.
GOV. WTpjblAM ALLEN’S VIEWS.
His Counsel to Ohio Democrats—What a He*
publican Triumph Would Alenin
Columbus, Ohio, October 17.—The
following telegraphic correspondence is
of interest:
Columbus, 0., Oct. 17.
Oov. William Allen, ChillicolAe:
A large number of representative Ohio
Democrats will meet hij?2 to-morrow to
take counsel together as to the situation.
There is a general wish to have you
present, and we hope you can be here.
Answer, John Thompson,
Chairman.
The following is Gov. Ailem’s reply:
Chillicothe, 0., pet. 17.
The Hon. John G, Thompson, Chair
man, Columbus, phio:
It will bo impossible for me to be
present, but J wjlh to say tpat I earnest
ly advise every Democrat in the State t*>
vote for Tilden and work for him up to
the last moment of tpe contest. In the
existing state of things the trinmph of i
the Republican party woqld turn oyer
this caat>f to bankruptcy and
is£J£Sike rnl.ot
by fqols for the benefit of knaves.
W. Allen.
rat
SOUTH CAROLINA.
The Aiken Arrest*.
[Special Mipaich to Vie Chronicle and Sentinel.]
Aiken, October .21. —All the parties
who voluntarily surrendered to the Uni
ted States Marshal yesterday gave bail
to-day, except Colonel A. P. Butler and
Mr. Frank Dunbar. They will proba
bly have a hearing on Monday, bail hav
ing been refused them to-day. R.
STATE SUPREME COURT.
DECISIONS KENDEBED BY THE
SUPREME COURT OF GEORGIA,
IN ATLANTA, OCTOBER 17, 1876.
[Atlanta Constitution ]
Harrison, et al. , vs. Rutherford. Mo
tion, from Quitman.
Warner, C. J.
This case came before the Court be
low on two petitions of the plaintiffs to
have certain verdicts and judgments
therein described set aside and vacated,
and the cases reinstated on the docket
of the Superior Court of Quitman coun
ty. As the same question was involved
in both cases they were argued together
by consent. The statement of the facts
in one case is all that is necessary to a
clear understanding of the question pre
sented for decision in both. The plain
tiffs allege, in one of their petitions, that
on the 20th of January, 1863, Crawford
instituted his action of complaint against
Rutherford in the Inferior Court of said
county, returnable to the February term,
1863, of said Court, on a promissory
note; in which suit, at the February
term, 1865, of said Court, a verdict for
the plaintiff was entered on the minutes
of said Court, and a judgment entered
thereon against said defendant for
({997 57, with ihterest and costs ; that
afterwards Crawford, for a valuable con
sideration, transferred to the plain
tiffs the claim, suit and judg
ment, which claim still remains
due to petitioners ; that, as it ap
pears from the 1 minutes of said Court,
there was no legally impanelled jury at
tending said Court to render said ver
dict, and that said verdict and judgment
were void ab initio. Wherefore peti
tioners prayed that said verdict and
judgment might be declared vacated,
and that said case might be reinstated ,
on the docket of cases pending and un
determined in the Superior Court, and
that the same proceed to trial iu the
name of said Crawford for the use of
petitioners. The defendant demurred
to the petitioners’ application, the Court
sustained the demurrer and dismissed it
on the ground that the motion prayed
for was barred by lapse of time. Where
upon the plaintiffs excepted. The theo
ry of the plaintiffs is that the cases were
pending on the docket of the Inferior
Court, aud were, by operation of law,
transferred to the County Court, and
from the latter to the Superior Court,
aud that, according to the decision of
this Court in Rutherford vs. Crawford,
53d Ga. Rep. 138, there never has been
any legal verdict or judgment rendered
in said cases, although the same were
stricken from the docket of said Court,
and therefore, in contemplation of law,
said cases have been legally pending in
said Courts, and should now be entered
on the docket of Quitman Superior
Court, aud stand for trial as they
would have doue if the same had not
been stricken from the dooket of said
Court. Assuming that said cases wore
originally legally entered on the docket
of the Inferior Court, aud have never
been legally disposed of, so as to have
authorized the Inferior Court to have
strioken the n from its docket, still they
were stricken, and the question is
whether the Court below errtd in refus
ing the motion to reinstate the cases, on
the statement of facts contained in the
record. The cases were stricken from
the docket of the Court most unques
tionably when the pretended verdicts
and judgments were obtained therein in
February, 1865. More than ten years
had elapsed from the time the cases
were stricken from the docket up to the
time of making the present motion to
reinstate them. If the plaintiff in the
suits had exercised ordinary diligence,
he would have known that his cases
were stricken from the docket, and there
is no pretense that he did hot know it.
The plaintiff was bound to exeroise rea
sonable diligence iu the prosecution of
his legal rights, and not wait until the
loss of papers, or the death of witnesses,
would render it difficult to establish
the rights of the respective parties in
the suits sought to be reinstated. Bost
wiek vs. Perkins, Hopkins & White,
4th Georgia Rep., 43. In this State,
Courts of law have concurrent jurisdic
tion with Courts of equity to refuse to
relieve a party by granting him a mo
tion to reinstate his case upon the
docket, when from lapseof time it would
be inequitable to do so. The cases were
not stricken off the docket of the Court
by any motion or act of the defendant
therein. In our judgment, not only
the want of diligence on the part of the
plaintiff, but the lapse of time, if not
strictly a legal bar, would constitute an
equitable bar to the plaintiffs’ motion in
the case, even if the present plaintiffs
could, by a transfer of the original plain
tiff, acquire a right to reinstate the cases
and prosecute the suits against the de
fendant. There was no error in refusing
to reinstate the cases on the docket as
prayed for in the plaintiffs’ petitions, on
the statement of facts contained in the
record.
Let the judgment of the Court below
be affirmed.
Dozier et al. vs. Williams. Debt, from
Harris.
Warner, C. J.
This was au act brought by the’ plain
tiff against the defendants on a forth
coming bond for the delivery of property
on the day of sale. When the case was
called here the plaintiffs in error made a
motion to withdraw the writ of error.
The defendant in error objected, and
moved the Court to be allowed to open
the record for the purpose of claiming
damages under the statute for bringing
the case here for delay, The motion for
anew trial is not in the record, and the
alleged error in the charge of t.lfe Court
is not sufficient to authorize a reversal
of the judgment. Upon looking into
the record we find e verdict in favor of
the plaintiff'in the Court below, but no
judgment thereon signed by anybody.
There is the form of a judgment iu the
record, but it is not signed by any one,
and therefore there is no judgment that
will authorize this Court to award dam
ages thereon as provided by the 4286th
section of the Code.
Let the judgment of. the Court below
be affirmed.
Goodman vs. Fleming. Complaint,
from Harris.
Warner, C. J.
This was au action brought by the
plaintiff, as endorsee of a promissory
note without any negotiable w rds in it,
against the defendant. At the trial of
the case, the defendant demurred to the
plaintiff’s declaration, on the ground
that the endorsee of a promissory note
without negotiable words in it, could
Dot maintain an action thereon in his
own name. The Court overruled the
objection, and the defendant excepted.
The plaintiff then demurred to tho de
fendants second plea, which the Court
sustained, and the defendant excepted.
The question made by the first assign
ment of error was decided by this
Court in the case of Cohen vs. Prater,
at the January term, 1876, (not yet re
ported) adversely to the plaintiff in er
ror in this case. The plea of the de
fendant alleged that the note was given
upon certain agreed terms and condi
tions, not expressed in the note and in
contradiction thereof. There was no
error in sustaining the plaintiff’s demur
rer to the defendant’s plea.
Let the judgmeut of tne Court below
be affirmed.
Douglass & Douglass vs. E. L. ElbiD,
Claim, from Randolph.
Jackson, J.
A bona fide purchaser, without notice
of a judgment when he buys from the de
fendant in fi. fa., is protected by four
yearn’ possession of the land, though it
be levied on after ]iis purchase, the levy
remaining inactive until his four years?
possession was complete; the land is dis
charged in such cases from the lien of
the judgment. This case differs from
Brannell vs. Plummer, decided this
term, only in this: that there the levy
was before the purchase and possession,
aud here it was after purchase and pos
session.
Judgment affirmed.
William Bagley vs. John S. Robinson.
Illegality, from Chattahoochee.
Jackson, J.
1. In an action of trover against an
administrator who converted the prop
erty since the death of his iptestate, the
verdict And judgment against the de
fendant are correct, and the execution
describing him as administrator, follow
ing the declaration in that particular,
follows the judgment, the word adminis
trator, etc., being merely descriptio per
sons, a description of the defendant.
‘sl Ga., 482. ‘ f ‘ ' , , „
2. An administrator who fraudulently
converts ' property of another after the
death of intestate, is personally liable
for the tort. Ga. , 18R.
Green B. Jordan vs. J. R. iDgram. Com
plaint, from Taylor,
Jackson, J.
When nO exception is taken to the
charge of the Court, the presnmptjon
is that the Court charged the law cor
rectly- and the question whether a con
craot made by tho partner to pay dam
ages himself if the of defendant
should be injured by penning diseased
stock of the partnership in the same lot
with defendant’s, was within the scope
of the partnership and binding on the
nartnership or not, being a question for
the jury under all the circumstances,
and they having found that the contract
was not within the purview of the part
nership and not binding on the firm,
and the presiding Judge being satisfied
with the verdict this Court will not con
trol the discretion of the Court below in
refusing to grant anew trial. Judgment
affirmed.
Bleckley, J., being related to one of
the parties to this case, did not pre
side.
Louis Hamburger vs. Esther Peggy
Griffin, et. al. Claim, from Mucogee.
Jackson, J.
1. A decree framed upon a bill for di
rection by the executor of a will, which
does not. fix the amount due by such ex
ecutor, but directs him to pay out the
estate when collected to certain general
legatees, after retaining a certain sum iu
liis hands to pay counsel fees and allow
ances to himself, under the will, and
another sum for a specific legatee, and
to re.port his actings and doings thereon,
from term to term, is not such a final
decree for money as to constitute a lien
upon the property of complainant from
the date of its rendition in favor of bnch
general legatees.
2. If the entire estate, in lands, be
levied upon, and the issue be whether
the whole is subject or not subject, and
the whole is found subject, under an
erroneous charge of the Court, which
left no option to the jury, but forced
them so to find, this Court will send the
case back for anew trial, though it may
be that the facts show that the equity
of redemption was certainly subject to
the fi. fa., and though the facts also
raise certain questions of priority of
liens of the plaintiff iu fi. fa., over the
claimant, arising from the assumption
that the debt of the plaintiffs was a trust
debt, and the claimant’s papers on which
he based his claim was only a mort
gage, especially if the pleadings, as dis
closed in the record, made no sneh
points, and none snoh appear to have
been passed upon by the Court below.
• Whilst all the equities between the
parties may be adjudicated in a claim
ease, and the verdict and judgment may
be so moulded as to do justice to all,
yet the pleadings must be so framed as
that the records of the Court shall show
harmony between them aud such verdict
aud judgmeut.
Judgment reversed.
Violet Turner vs. the State. Assault
with intent to murder, from Ran
dolph.
• Jackson, J.
1. One of the grand jury named in
the bill of indictmenf, or special pre
sentment, cannot impeach his own find
ing; therefore the Court will not consid
er his testimony either that there was
no bill or presentment before the jury
when the witnesses were swor , nor that,
the oath admisistered to the witnesses
was not that oath which is prescribed by
law, 39 Ga., 718.
2. Whilst all the charges in the bill
of indictment, constitutidg all the ingre
dients of the crime, must be proven to
the satisfaction of the jury, yet the evi
dence may be circumstantial as well us
direct, therefore the charge that the as
sault was made by a knife as the weapon
likely to produce death, was sufficiently
proven by showing the wound, and how
it was made, and the sensation of the
person cut.
3. If there be sufficient evidence to
authorize the verdict, and the presiding
Judge is satisfied therewith, aud there
is no error of law committed, this Court
will not interfere.
Judgment affirmed.
Kaufman vs. Austin & Cos. Assumpsit,
from Muscogee,
Warner, C. J.
This was an action brought by the
plaintiffs against the defendants to re
cover damages for refusing to receive
aud pay for a lot of bacon which the
plaintiffs alleged the defendants had
purchased of them. On the trial of the
case the jury, under the charge of the
Court, found a verdict in favor of the
plaintiffs for the sum of $323 35. A mo
tion ,was made for a new' trial on the fol
lowing grounds:
First. Because the Court erred in
charging the jury “that if the defend
ants, when the bill was presented to
them, failed to point out the over
charges in the bill to the plaintiffs, so
that the sume could be corrected, that
then they were liable to the plaintiffs,
and could not refuse to take the goods
and tlnow them back on plaintiffs.”
Second. Because the Court erred in
charging the jury “that if defendants
purchased the goods of the plaintiffs, to
be paid for on arrival, and even if some
of them were overcharged, then if de
fendants failed to point out the mistake
to plaintiffs, or their agents, but. refused
to take them, that then plaintiffs could
sell said goods, aud defendants were
liable to plaintiffs for the difference be
tween what the goods sold for and the
amount charged on the bill.” The Court
overruled the motion, and the defend
ants excepted.
It appears from the evidence in the
record that Elsburg, a witness for the
plaintiffs, testified, that ns their ageut,
he made a contract with the defendants
to sell them a lot of bacon at the prices
charged in the bill, to-wit : clear ribbed
sides at 15jj cents, and shoulders at 10),
said bacon to be delivered free of charge
on tlourd the cars at Louisville. On the
arrival of the bacon at Columbus, wit
ness presented the bill to defendants, on
which was charged S3O 32 for drayage
and brokerage. The defendants refused
to pay it and ri ceive the bacon, because
the amount charged in the bill was not
in accordance with the contract. Wit
ness stated that the charge of S3O 32 for
drayage and brokerage was not in ac
cordance with the contract made with
defendants, and when they refused to
pay it, he, as the agent of the plaintiffs,
offered to knock it off and receipt them
in full for the balance ol tin hill winch
was correct, according to the cmlrnot.
Blackman, a witness for pontt-ifs, lioei
lied that he presented a draft drawn by
the plaintiffs on the defendants in fuyoi
of Warren, Mitchell & Cos , pay tide at.
sight, for the amount of the bill, as here
inbefore stated, accompanied with a.bill
of lading, aud that the defendants said
that the charge in the bill for drayage
aud brokerage was wrong, and that they
would not pay it nor take the bacon.
Witness proposed to knock off Jhe amount
of the charge for drayage aud brokerage
and take defendants’ draft on Warren,
Mitchell & Cos. for the overcharge, if de
fendants would pay the balance, which
defendants declined to do. Witness
then protested the draft, which was in
the usual form with the exception that
it contains tho following words: “the
paVfnent of the draft refused, the defen
dants saying, ’we will not pay the draft,
they charged us the wrong price for the
goods and we throw the goods back on
them.’ ” The plaintiffs proved that the
bacon was sold and brought $323 35 less
than the amount of the bill as charged
to the defendants. One of the defen
dants testified that ho only agreed to
give 15[ cents per pound for tile clear
ribbed sides, and substantially corro
borated the statement of tho other wit
nesses in other respects as to the over
charge for drayage aud brokerage, and
his refusal to receive and pay for the
bacon because of such overcharge in the
bill presented therefor by the plaintiffs.
This witness also testified that the price
of bacon was declining from the time of
the making of the contract to the time
of his refusal to receive it. Was the
charge of the Court right in view of the
evidence contained in the record ? Were
the defendants liahle to the plaintiffs for
refusing to pay the overcharged bill
presented' for the baoon and declining
to receive it, because the defendants
failed to point out the overcharge in tho
bill to the plaintiffs so that the same could
be corrected ? There is no dispute that the
bill for the bacon, as presented to the
defendants for payment, was not in ac
cordance with the contract price, so far
as the Charge for drayage arid broker
age was concerned. There is a conflict
iu the eyffience as to the price agreed to
be paid for the baoon, which was a ques
tion for the jury to determine, and that
question should have been submitted to
them. The plßintiffs’ agent, who made
the contract with the defendants for the
bacon, was the identical party who de
manded payment of the overcharged
bill in the first instance. Why should
the defendants have pointed ont to him
the overcharge iq the bill, who must
have known the fact quite as well as the
defendants. The plaintiffs’ agent did
not tell the defendants that there was
any mistake, or overcharge in the plain
tiffs’ bill for the bacon before he de
manded payment of the full amount
thereof. The nlgintiffs made a seaond
attempt to bolleot from the defendants
the lull amount of. the overcharged bill
through Blackman by the presentation
of a draft drawn in favor of Warren,
Mitchell & Cos., which defendants re
fused to pay and take the bacon, for the
raqscm that the oharge of S3O 32 for dray
age and brokerage was wrong. Blackman
proposed to knock off that amount
from the bill, if the defendants would
give a draft on Warren, Mitchell & Cos.
for the overcharge and pay the balance,
which they declined to do, knowing, it
is reasonable to presume, that if they
drew a draft on Warren, Mitphell & Cos.
for the S3O 33, the overcharged amount,
that they would have it to pay, in addi
tion to the balance of the bill. Because
the defendants infused to snbinit to the
terms proposed by Blackman, they were
subjected to protest. Why should the
defendants have been required to point
out to Blackman that the bill for the
bacon was overcharged by mistake,when
there was no evidence that the bill made
out by plaintiffs against the defendants
lot the bacon was overcharged by mis
take. So far as the evidence in the rec
ord shows, the overcharged amount in
the bill was made by plaintiff's with
the intention of collecting the same
from the defendants. The plaintiffs
made two attempts to collect the full
amount of the overcharged bill from the
defendants, aud if they bad happened
to have died, they probably would have
been successful in collecting it ont of
their representatives, as they might
have been entirely ignorant of the terms
of the contract. The better policy is to
charge the contract, price for goods
sold, and not attempt to demand or col
lect any more than that, and then the
purchaser will be compelled to
receive and pay. for them, whether
the prioe of the goods deolines
iu value or not. If the plaintiffs had
made the overcharge in the bill by mis
take, aud bad so stated to the defend
ants when it was presented for payment,
and had offered to rectify the mistake,
and had demanded payment for only the
amount that was justly due under the
‘contract, it would have presented au en
tirely different question; but that is not
the statement of facts disclosed in the
record of this case. The plaintiffs must
lye presumed to have known what were
the terms of the contract for the sale of
the bacon, and the amount charged in
their bill for it, quite as well as the de
fendants, and there was no evidence of
any overcharge in the bill by mistake,
and therefore the charge of the Court,
that if the defendants failed to point out
the overcharges in the bill when it was
presented to them for payment, so that
the same could be correoted, or failed to
point ont the mistake in the bill to the
plaintiffs or their agents, but refused to
take the goods, that then the plaintiffs
could sell them, and defendants would
be liable for the difference between what
the goods sold for and the amount
charged in the bill, was error, and the
motion for anew trial should have been
grauted. The defendants never con
sented to the terms of the contract for
the purchase of the bacon which the
plaintiffs sought to enforce against them,
and therefore that contract, so sought to
be enforced by the plaintiffs, was incom
plete so fat as the defendants were con
cerned, and could not be enforced
against, them. Code 2727.
Let the judgmeut of the,Court below
be reversed.
ELOPED.
A Young Kansas Doctor's Honeymoon Badly
Eclivscd—The liridt* ol a .lloulli Skips Out
from .•silver Lake with a Former Sweet
heart.
[From the Sedalia Bazoo. ]
On the 29th of August, 1876, Dr. A,
W. Travis was married at Silver Lake,
in the adjoining county of Shawnee, to
Miss Frances Bradshaw, whose mother
resides at that place, but whose father
is in California. After his marriage, Dr.
Travis boarded at Mr. C. S. Palmer’s.
Mrs. Travis remained part of the time
with her mother aud part of the time
with her liusbahd, at the boarding house.
The relations between Dr. Travis and
his wife were to all appearances pleas
ant. Prior to her marriage, Mrs. Travis,
then Miss Bradshaw, had reoeived atten
tion from a Mr. Alonzo Burin tt, who, up
to live months ago, resided at Silver
Lake, aud went thence to Ellis, where he
was employed by a packing firm at Kan
sas City, looking after cattle. When he
left Ellis ho was eugaged to Miss Brad
shaw, and continued to write to her up
to the time of her engagement with Dr.
Travis, early iu August. After that he
ceased to write, so far as is known.—
Some ten days ago Barnett appeared in
Silver Lake. He called on Mrs. Travis
at her mother’s house on Wednesday
last, and, in the presence of Dr. Travis,
received from Mrs. Travis the letters he
had written to the lady prior to her mar
riage. The relations of all the parties
at this meeting seemed perfectly friendly.
No reproaches were uttered by any one.
After Barnett left, Mrs. Travis remarked
that her connection with Barnett was
over forever.
On Saturday morning last, Dr. Travis
made preparations to leave liis home to
attend the R publican Nominating Con
vention of the S xty-second District of
North Topeka, to which body he had
been elected a delegate. He noticed
nothing unusual in liis wife’s manner,
and Rhe bade him good-bye as affec
tionately as usual. He left Silver Lake
iu a buggy at 11, a.lm.
Dr. Travis attended the convention,
and returning reached homo at nine
o’clock at night. On arriving at Mrs.
Bradshaw’s gate, that lady met him,
and asked him if lie had seen “Frankie”
at. Topeka. Dr. Travis said he had not,
and asked where “Frankie” was. Mrs.
Bradshaw said she had gone on the
train to Topeka, expecting to return
with him, the Doctor. In response to
a question, Mrs. Bradshaw stated that
Mr. Johnson, the station agent at Silver
Lake, had told her that Barnett had left
on the same train with Mrs. Travis,
both having tickets to Topeka. Dr.
Travis, on eutering the house, was band
ed a sealed letter by airs. Bradshaw,
with the remark that she hsyl found it
on the book ease. The letter read as
follows :
“September 23.—My Husband : I now
bid you good-bye forever. lam going
away to leave you. May God bless you
and protect you throughout yourgloomy
life. You need not follow me, for it will
be of no use, for my mind is settled.
You have been deceived and so have I,
and now let us look in the future. lam
going away to school to see if I can’t
make something of myself. Doctor, you
know if I had not been bothered to
death by others' talk I would not have
married you, for 1 knew I was doing
wrong, and I had to suffer for doing so.
I still expect to see trouble for a while,
but I hope and pray that God will direct
me and guide me wherever I go. I will
put my trust in Him and no one else.
Blame no one but me, for T am to blame.
I now leave you and mother to settle it
to suit yourself. This is a secret letter,
and when you find it I hope you will
forgive me and God will bless you. Do
net. follow me, for it will be of no use.
o ( l>:d you good-bye. My good wishes
to you Yours, very respectfully,
“Mrs. F. E. Travis."
These are tho facts given on one side
of the question. Dr. Travis asserts ab
solutely that ho has never given any
cause for this desertion, by look, word,
or ackiou, and, f cling himself blame
less, will allow Mrs. Travis to go in
peace.
WITTING BULL.
The Wily Snvage Want* Peace—lntitriiclions
from tlie CommiNNioncr.
Washi gton, October 21.~-The fol
lowing telegram was received at the In
dian Bureau this looming : Fort Fuck,
Montana, October 13, via Bismarck,
Dakotah. To the Commissioner of In
dian Affairs, Washington: Messen
gers ' from Sitting Bull’s camp 'report
that the entire hostile camp has crossed
tho Yellowstone at the month of the Big
Horn, en route for this place. They
claim to want peace. Wha*t course shall
I pursue towards them ?
[Signed] Thus. T- Mitchell,
Indian Agent.
After consultation with General Sher
man, instructions were telegraphed to
Agent Mitchell, this afternoon, as fol
lows : Inform Sitting Bull that the only
condition of peace is his surrender, when
he will bo treated as a prisoner of war.
Issue no rations, except after such sur
render, and when fully satisfied that the
Indians oan be held at the Agency.
Make every preparation to defend the
Agency, stores and property. The mili
tary will co-operate, as far as possible.
[Signed] S. A. Galpin,
Acting Commissioner.
THE HTOR.II KING.
Fearful Hurricane in the Went Indie**—Feu
el Wrecked*
Key West, October 21.—-A gale which
set in yesterday broke at 11 o’clock last
night. The wind attained a velocity of
90 miles an hour. Nothing can be seen
this morning of the steam tug Godfrey
Kleber, from Philadelphia, for Galves
ton, before reported ashore. The
weather is hazy. The steamer City of
Houston, from New York, for Galveston,
is ashore, half out pf the water, at Booa
chica. She struck last night, and will
probably #ome off aftei lightering. All
on board were saved. Mr. Alburg, a
passenger, died last night.
Havana, October 21,—A fearful hnr
rieand prevailed here all last night.
Telegraphic communication throughout
the whole island is interrupted. Lines
connecting with the cable are down, but
will be repaired immediately if the
weather allows. The barometer is still
very low, and there are signs of another
hurricane. The wind varies from N. E.
by E. to N. E. None of the American
vessels in the harbor have suffered thus
far. In the city several buildings were
severely damaged. Many of the trees
iu the public park are down. One of
the walls and the roof of the new theatre
of Payult, now constructing, were des.-
troyed.
Bishop* in CouncU,
Baltimore, October 21.—The Board
of Bishops of the African Methodist
Episcopal Church convened in annual
session to-day. The following Bishops
were present : D. A. Payne and J. 8.
Horter, of Wilberforce, Ohio; J. C.
Campbell, of Philadelphia; T. M. D,
Ward, of New Orleaus; J. M. Brown, of
Washington, and Wayman, of Balti
more. The object of the meeting is to
arrange details and fix a programme for
their annual visitations to the different
churches under their charges to confer
with the Boards of Education, Missions,
Finanoes and Publication, which bodies
Were also in session. .
The prisoner who escaped from a
Texas jail stole a locomotive and made a
sixty-mile run and a clear escape, will
be given a medal if he will only send his
post offioe address to his late jailer,