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WEDNESDAY. .NOVEMBER 8, 187#,
. M. -
THE LTBE HATH MUSIC STILL.
v" : .
IV) lyre hath muaie "till -though Lov*
So longer bide ite nolae uofcja ;
Though bersher hand* ite number* more
To ruder themes end cold ;
Yet is there someth: ng in iU tone A
Which bends not to the coerser will— f
A beauty undefined, unknown *
The lyre hsth music still.
The lyre hsth music still—though yeara I
Here robbed ite strings of miny efrann,
Some u net pgete<Jjt*ece appear.
Not even Timrean harm.
The echo of forgotten song
Through every pulsing chord doth thrill.
As lovely, though neglected long:
The lyre hsth music still.
The hsnd that once wss wont to fling
Enchantment o'er its trembling frame
Is cold ; yet will its pathos bring
Remembrance of her name;
Of hers whose gentle fingers taught
Its yielding strings their wondroo* skin—
A magic yet from memory caught:
The lyre hath music still.
THE LIGHT OV A HAUL BBOWfI EYE.
I wander alone by the moonlit wave,
And the voice of the dark bine sea
Re-echoes aloft from ner sounding oaves
Like a voice of toe peat to me.
And I think of the days by the old mill-race,
When my bosom roee proud and high
’Neath the radiant grace of a fair young fees
And the light of a dark brown eye.
Sweet visions arise of a dear old home
Half hid 'neaih the shade of the wood.
And tbs halcyon days when the sunlight
shoos
In the path where the wanderer stood;
Of the tranquil joys that once hallowed the
spot,
Of the peace that hae never been mine
Since 1 changed that cot fo, a stranger’s lot
And the dust of a foreign clttue.
Ah. me, however, the heart may rove
And the bosom grow cold within.
Yet it warms to the light of a vanished love
And a smile that will never grow dim.
We may wander no more by the dear old
place
As we have in the days gone by,
Yet I long for the grace of a fair young face
And the light of a dark brown eye.
ONCE.
Once! ’Tis a little word, with saddest memo
ries fraught; . .
It coDjures np the past, and wakes a train of
It has atolenin tone, it soundeth like the knell
Of ell our boned Joys-thmgs loved, per
chance. too well.
It tells of childhood’s days when all the world
seemed fair,
Of happy buoyant youth, exultant, free from
Of frTendahip’s sacred ties, of love’s most holy
light.
Of all the bliss that now is sunk in darkest
nigh t.
Ah me : earth’s flowers must fade, though once
so fresh and gay ; ...
E’en in the Summer a prime night steals npon
the day.
Green leaves must change and fall, and the
shrill Autumn's blast
Throw forth a sad lament o’er rtummer glonee
past.
Ah iue ! like flowers of earth, hope's blossoms
fade and die ; ~
The day dreams of eur youth in the hearts
grave’s must He.
Visions of bygone years, of shattered hopes
and joys,
Ye strew onr lonely path like ohildhood s
broken toys. [Tinsley’s Magazine.
SOUTH CAROLINA.
PALMETTO NEWS LEAVES.
Tuesday’s Items.
Burnt lots are budding up In Columbia.
No more yellow fever deaths in Charleston.
Mrs. W. H. Girardeau, of Orangeburg, is
d9 The Charleston City Railway is getting in
new cars.
Columbia has both a Hendricks and a Wheal
uf house.
The Charleston Cotton Exchange begins to
look lively.
Troops will be sent to Beaufort to protect
colored Democrats.
The Charleston Republican is s very neat
sheet and has some very neat lies in every
issue.
The present daily receipts of ootton in
Charleston are larger than at any time since
the wtr. . . .
Barnwell, it is said, got np the grandest pro
oession and Hampton demonstration of the
4 Siarfeßton wharves are so full of oottou
bales that the trucks and drays oau scarcely
turn around.
Labor Reform, No. 7. will hold its next
toeeUog at Chestnut Ridge Academy, on Satur
day. the 4th.
Material reductions have been made on the
freight charges from Walhalla, both for local
and through freights.
Every white man in Laurens oounty is de
termined to oset bis rote. United States
marshals to the contrary.
The late heavy rains have sensed serious
damage to the rice planters on the Pm Pee
and the Waeeamaw rivers.
The Journal of Commerce reports that a ne
gro man was drowned from a dredging ma
chine, off John’s island, last Friday.
Two fellows in Columbia, the other day, be
came so gloomy over Chamberlain's prospect
that they took it out by beating their wives
Bixteen emigrants for Liberia left the neigh
borhood of Killian’s Frida/. This la quite a
reflection upon Chamberlain, the robber chief.
The News and Courier says that a committee
of white Repnblioans are ooming to Booth
Carolina to see things as they are, for them
•elTM-
The Journal sayß that Hampton was not
subjected to a reception immediately upon his
arrival in Charleston, as he was considerably
fat iff tied.
Two hundred and fifty half drunken country
darkies, a few old women, pie venders, and a
lot of negro children composed the Columbia
“Republican mass meeting.”
The epicure of the Columbia Register com
filains that wild game comes into market alow
y. The Register doesn’t reflect that Cham
berlain's game is wild enough for the present.
Things were lively at the Republican primary
m Charleston Friday. The list of oflioe seek
e kept the faithful In continual hot water,
and the police bad to be trotted ail egwind
town, says the News.
The Orangeburg Republican Gazette admits
that the enemy is not to be despised. This is
a retry maguAuimotiß admission on the pert of
this sheet, aud we are inclined to think that
the remark is an out growth of intimidation.
Wednesday's Items.
Extensive cotton sales in Obarlsatoa this
W $63 80 have been subscribed for the Oainhov
TMtima.
The Charleston City Railway has aelf-adlust
ing switches. , „ . _ ...
Col. T. J. Sartor, of Spartanburg, died on
Tuofld&y lftst.
Four white and two colored wen died in Co
lumbia last week.
Mayor Agnew, of Columbia, has returned
from the Centennial.
Mr. A. J. Derrick, of Columbia, was MNM4
with Masonic honors.
Mr. Phil Dunn declines to serve on the Un
ion Republican ticket.
Somebody fired at a colored polloeman the
other night, in Charleston.
Mayor Cunningham, of Charleston, closed
all grog shops last Monday.
Chariestou negroes are stealing anything
they can lay their hands upon.
It is estimated that fully one-half of the
colored vote of Sumter wUI be oaat for Hamp
ton.
The Niagara (colored) Fire Company, of
Charleston, has received a handsome new
steamer.
Charleston ladies enjoy the luxury of having
money grabbed from their hands by snatch
thieves.
The Hon. Thomas Y. Simona, who has
been on a European tour, has returned to
Charleston.
At the War Department they call Senator
Patterson, of South Carolina. “Old-man
afraid-to-go-home."
Hilliard Harper, a colored Squeers of Abbe
ville. has repented of the error of his way and
' rimes the cavalry.”
Tiro colored men had a broil in a drinking
brothel in Charleston, Saturday night, in which
one of them was out up.
The demand for Hampton badges in Charles
ton, Saturday exceeded all expectation, thou
sands being disposed of.
The tine* and Courier rightly considers this
the most zealous and altogether remarkable
canvass which has ever shaken Carolina.
Nathan McAllister, a strong Anderson Re
publican. can stand it no longer. He has
avowed his intention to support Hampton.
The Marlboro Planter is very much in favor
of the troops. Apart from the outrageout
principle of the affsir, the riff-raff are not ob
jectionable.
An altercation occurred on Fridty tist. at
Summerville, between Captain H. S. Lebby
and Mr. J. C. Bulow. which resulted In the
death of the latter.
Chamberlain's robber band are aa sadly in need
of money, it is said, as of principle, right now.
Never mind ; after next Tuesday they will not
have anv use for either.
The News and Courier reports that the
wounded of the Cainhov massacre are getting
along finely, except in the oaas of Oaat. Carroll
C. White, who is stilt oorfined to bis bed.
The Journal of Comment announces that
George Marry, a young white man employed
at the Custom House, was discharged on Sat
urday. because be announced himself a Demo
dt
On Fridav night-last a valuable horse, brggy
and a set of tew harness, the property of
Carolina Bachne, was stolen from the colored
F-ntist Church, at Darlington, by seme sneak
thief.
The transparency “let ns have peaoe,” was
followed up in the Columbia Republican pow
wow, by fifty torches. Owners ef gin houses
throughout the Stats will detect the sarcasm
at once.
Vto are glad to hear from the Seat and
Conner that Hon. R. N. Gourdin is slowly re
oovafi' g from the serious illness he contract
d while ministering to the wants of the sick
and destitute in Savannah.
A New Yorker writing to a gentleman in
Charleston sews that the letter of the clergy
men. bankers and others, of Charleston, set
ting forth the condition of affairs in the Stats,
will have a good effect throughout the North.
One of the transparencies of the Republican
pow wow in Colombia read: “Put None but
Republicans on Guard ” Chamberlain evi
deutly means to pot none but Republicans,
and candidates, at that, to guard the ballot
boxse.
Caiforuia has tbs largest lunatic asylum in
tbs world. Sooth Carolina has the largest
number of Innatics.— Vnion-Herald. Qa ite
right, and what will beoome of themfwhen they
are turned out of the “asylum'* in Columbia.
n gxt Wednesday *
Tbfi African Zion Church is now in session
at Union. There are a large number of min
isters detect, and they present a very re
spectable appearance. A considerable stun of
taoaey was subscribed by the white citixensfor
fh.ir entertainment.
RLACTRIC SPARKS.
Th- New York joeord of newspaper* for the
s£ws eight dtitia* started andaixsu*-
P Moore has beenfotmally installed
Superintendent of the Ceotral Railroad, of
**tt iTrteted confidentially that flharifiiws
visit to Washington was entirely connected
with Indian affaire.
The Commonwealth asserts that Markham
was a bosom friend of Bollock. Markham, if
poasttde, should make a oiean bread of this.
THE STATE.
TIDE PEOPLE AMD THE PAPERS.
Tuesday’s Items.
Carnes villa has had • bafl.
CarnesviHe has a spiritualist.
Persimmon crop reported heavy.
Frost in Darieo. Wednesday night.
Ben Hill speaks in Eaton ton today.
iima
Chickens are scare throughout tbs State.
Wagon trains are in order around Macon
A mad dog was shot in Columbus last week.
days.
The State Democrats have but one more
rally.
Mr. James Blackwell, of Franklin county, is
.-i V f ■
Mclntosh planters are draining their rie
fields.
The Chattahoochee river is now in running
order. I
The 'possum hunter's born resounds through
Sparta.
Macon hae received 32,415 bales of cotton up
to date.
The Reformer, is the name of anew paper at
John Robinson made 43,000 clear money in
Brannon is announced for Mayor of I
Coiambus.
The new Coart House at Darien is nearly
completed.
The Camesville maiden wear* green goggles
for bar eyes , .
The JeSe at a Riflemen have christened their
new uniforms.
Several weddings in high lif# in Atlanta,
are on the tapis.
A Fort Valley youth, too poor to get married,
has s pet alligator.
Milner is baiting her hook for 5,000 bales of
cotton this season.
The “Wilson House" is the latest hotel
venture in Atlanta.
A beautiful miss in Franklin oounty.picks 150
pounds of cotton daily.
Colonel E. Y. Clarke writes his valedictory in
the Atlanta Constitution.
A Muscogee oounty man nearly ginned off
his leg. last Wednesday.
The friends of Mr. Hilliard serenaded him in
Newnan Wednesday night.
Hmoka house robbers are amusing them
selves in Charlton county.
The premium was awarded to the Athens
girls at the Greenes boro fair.
The infant child of Mr. Ben Dye died in
Louisville, a few days since.
The second sale of lots at Lola City, Hall
county, comes off Thnrsday.
An Atlanta youth, in a suit against the Benz
Can-can, recovered 50 cents.
Let the Georgia nine, sent in the field next
Tuesday, be solid Tildenites.
Another collision it Atlanta; a mule’s hoof
aud a sombre cranium, this time.
T he oolored Tilden club, of Maoon, will have
a grand mass meeting to-morrow.
Mr. Millard Gamble has been quite sick in
Jefferson county, but is improving.
Governor Smith will devote a few days to the
cause in the Second District this week.
Rev Wiley T. Holmes and Mrs. Elizabeth
Oates died recently, in Jefferson oounty.
Henry Bugg. of Colombia oounty, baa be
come a maniac from religious excitement.
Col. Styles is now waving that 9-ounce cane
over the heads of journalistic plagiarists.
Rev. G. H. Cartledge hae given up his pastor
ate of the Presbyterian ehurch at Jefferson.
Rev. Father McNally, a convalescent Catho
lic priest, from Savannah, is in Washington
Mrs. Susan Mulder, a ltdyof 85 years, will
be immersed, near Camesville, next Sabbath.
Mr. Jas. T. Livse-, of Gwinett oounty, kill
ed himself with a pistol in Atlanta, list Fri
day.
t he symphonies of the Central Georgia Musi
cal Convention have hardly died away in Ea
t on ton.
At the “German” dances in Columbus tbs
gents wear navy bine and the ladies are decked
m card nsl red.
The gin house on Mr. Warren Harris' planta
tion near Fort Valley was burned by an incen
diary last week.
A bouse with four little negroes in it was
burned on Or, J. V- Beall’s plaoa, in Taylor
county, last we k,
There is a oolored dame in Atlanta who has
buried five husbands, and is now eDjoying her
sixth honeymoon.
The Pike county fair has been postponed un
til next Fall, owing to the conttnnanoe of the
Centennial Exhibition.
Mr. James M. King, of Harmony Grove, and
Miss Anna Dora Cartledge, of Jsfferson, were
married by Dr. Laos lat week.
Mr. John Sykes, of Ooouea oounty, has git ti
ered from his orshard this season, two thou
sand bushels of Shockley apples.
Col. Isase W. Avery is mentioned as a proba
ble successor to Col. Peter W- Alexander, as
the Governor's private secretary.
To defeat Whiiely and make the fair a sne
cess, are tbs objects of the Thomaevilliana
this week. Success to them in both.
A Columbus man. after Hill’s recent, speech
in that aity, remarked fjxat if Benjamin H. was
a BiU. be wanted to behold a mountain.
From the 'one of the notice printed in the
Gainesville Eagle, it seems that the local 414
not have a complimeotaiy to the circus.
Savannah refugees in Mscon are amusing
themselves in pedestrianism. One fellow
went around the mile track in 10} minutes.
BatiderevuJa announces “high sport” for her
district fair- This intimates, we suppose,
something on the balloon ascension order.
The “bog and hominy” farmers of Franklin
county are happy and are getting up an ox
oureion to go on and *• Tilaen inaugurated.
Milledgeville merchant* will close doors on
election day, 7th inetant. It wou'4 be a epl
tal idea if all Georgia cities would follow tfeie
example.
The Thomaevilie Times boasts that one lady
in Thomas pounty will make 150 entries at the
fair. IJ has turned out to be 160 pickled cu
cumbers.
A Washington hotel moot sank fe |epp the
ether night with a lighted kerosjoe * n
his bosom. He woke to find that life wa® dpty.
No insurance.
A Central road train made mince meat, go to
spe k, of a wild oat the other day. As the eat
was the pet of a Savannah tefugee, the road
should be ened-
A pair o t show* mode of rattlesnake skin,
tunned into feather, attracted much attention
at the Newndu Fair. Next ffcjng to Indian
muccasons, we suppose.
Miss Agnes Czar, arriving from Denmark
Saturday evening in Darien, was then ana
there married to M-. James Anderson of that
city, by a Justice of t e Peace.
An insolent and dangerous negro in Sparta,
tried to domo jub Mf. Jo&n Spfmett with a
club when the latter injected a feed syringe
into bis ribs and kept him of.
The last remark of the moralizing Atlanta
Times' editor evineed eigne of improvement;
it ran somewhat as follows* '* J)og lews will
pnrp-lex the next Legislature.''
• Mr. A. L. Mitchell, of Athens, will apply for
reappointment to the Bolioitorship of Judge
Bine’s circuit; nor could Gov. Colquitt make a
better selection in Northeaat Georgia.
The Sparta Times thinks that every man
owes it to hia rape to dress well. The Times
should also reflect that Mftjp men who dre.s
well still owe a great deal to their rjoe to tail
ors especially.
Literary free lectures don’t draw In Atlanta i
worth • copper, compared with the circus and
Can-cap. ikjipething neat abont Tempora and
Mores would iyrW bp appropriate from the
Times' moralizing edjfec-
The Constitution lepras tbit fpp rp i* a move
ment on toot in .Atlanta to organize a.cpmpgoF
to manufacture tfee Clarke oofepoum} ml It
ia proposed to make bhtfe ttfe trap pnd efeel
rai's here of Georgia iron, if Jjrgpttcahle.
Gantt, of the Oglethorpe JStL), tried to parry
a gallon of fresh oysters home in anew yalfep,
last Saturday night, in order to colonize tb m
in a neighboring pond. Gantt ia one ef the
ma*t enterprising citizens of Oglethorpe
The little daughter of P. G. Thomson, Esq ,
of Athens, strayed flff from her father, on the
streets of Columbus. Urf Friday, and It was
some hours before she was Both
father and obild were much she
n return**.
Tun Newt ami Farmer man describes a quilt'
mads by a Jefferson county yoflug lady as hav
ing aver i.#CO pieces in it. and no tgro of them
were alike. The Mem* and Farmer man jyaa
perfectly sober, we suppose, while lnteyyiew
[ng this quilt.
Baron Munchausen's grsat-grsd-da\ighter
resides in Franklin ooonty She is fifty years
of see, the mother of thirteen children; coofcsd
breakfast the other day, visited a siek woman,
assisted in getting dinner, picked 106 pounds
of cotton andgpt supper to boot.
The following c£}cers of the Northeastern
Railroad were elected at the Stockholders'
Convention in Athens roesatiy : President—A.
K. Childs. Superintendent —J. Hl Edwards.
Secretary and Tress nrer—J. C. Johnson, Di
rectore—John W. Sisholaon.F. Phiaiay, How
ell Cobb. Dr. J. A. Hunniaqtt. T. A, Burks. C.
G. Talmadgs. Dr. W. B. J. Hardeman. C. W.
Hood. Henry Beuses, A. a Erwin, JL A- Ir
win, J. H. Newton. B. JM Reaves, Bit. Moss.
John White. Reuben NliSerson. SDr. H. A.
Lowrance.
Wednesday's Items.
Griffin negroes call for troops. s
The Rome Fire Department is in trouble.
Marriages are quiet frequent in Columbus.
Colquitt county is well supplied with schools.
Early county tnrnip patches don’t turn oat
well.
Cane “biiins” have commenced in Early
county.
Two Blakely boys have purchased an Ala
bama paper.
Frank Evans, of the Albany Newt, is a candi
date for Qlerk of the Hon-e.
Twenty bales of cotton were damaged by a
fire in Atlanta Sunday afternoon.
Bridges Smith is slid chalking off panoramic
cartoous of Lavender Kid Markham.
AtUnta capitalists are already dreaming of
Kunball factory dividends next year.
Several Columbus men have made a dead
set for tlia post office of that village,
The total amhudtwf buafoaes done ifi Gaines
ville for the pset year foots up to #1.200.000.
Tbs Miller ooonty Court House is used for
Court, church, dancing ball and skating nnk.
A' sun, Texas, contributed over two hundred
dollars to Brunswick during the recent epi
demic. 5 " ...
A fowl, half tnrkey and half guinea, attract
ed considerable attention at the Backdate Fair
last week.
“Let there be no disturbance at the polls,
but be sure you vote,” is the auric* ef our
Governor.
Judge George W. Gleaton is prominently
named for the next Solicitor-General of the
Flint Circuit.
Phil Pryor, Esq., of Columbus, who slew a
negro in self-defense some time ago, has been
bailed for #I.OOO.
Cotton receipts in Columbus last Friday,
were exactly the same as the aame day last
year, to the bale.
Hon Joseph E. Brown has returned to At
lanta from Color tdo, where he haa boon so
jouring for his health.
Dick Jackson, a desperate character, mot
and almost instantly killed Isaac E. Bailey, of
M tiler county, last week.
The lavender kids still move majestically
over the Congressional wilds of the Fifth,
dealing out eloquence and poor tobacco.
The Columbus Times is responsible for the
stetemant that verbena cordial is the finest in
the world. The Times evidently has anew
name for mint jnlepe.
United States Marshal Bmythe tells the Al
lans Sunday Herald reporter that the Jjc rmng
ton revolvers recently consigned to him are
merely precautionary measures.
How many official majorities has Colquitt re
ceived and is the true majority, the sum or
difference, of the reported majontiea? Co
numdrums for the Secretary of State
Columbus and Atlanta are flooded with
Italian letters for which ten oents are oollect
eJ for esc - delivery; and which ten oents go
to replenish the Hayes campaign fond.
The hsed-niece of the Sunday Herald this
week has a cartoon representing the preointiaU
flight of a lightning rod agent. It will be
‘sar^SiSrarir-s
record might be examimsd by the next Legisla
ture in the racw for Clerk, nobly abstained
from going to see the female minstrels, the
o(b|r night
The belle editore of the Atlanta papers will
have their labors considerably lightened after
this month- The Sunday Herald publishes
matrimonial rumors disposing of shout twenty
pris, is tbatriUaf#.
The Atlanta Sunday Herald speaks of him
tlinwlw. JobaUma
who rece.ved a few complimentary vote* for
Governor at the recent Colquitt election, hae
returned from the Centennial, fully recovered
from the effects of hia Philadelphia speech.
Thursday's Items.
Athens is to have anew poet office.
Atlanta Utiqk* of t (.lengthening her jail.
The municipal Aiwa in Athena brightly glow.
Cardinal red napkins grace Atlanta hotel ta
bles.
They have got a ladies' oyster saloon in At-
I *Ttaa immigration is reported hi the Fifth
District.
Arthur Nile*, Esq., will return to Griffin to
Pr G^gUA*x P ecte every man to do his duty]
next Tuesday.
Borne will have a grand Democratic rally
next Saturday.
Athens now oiaim* to be the beet ootton
market in Georgia.
The Baptist Banner ia the name of anew
paper in Camming.
Atlanta men wear Lumpkin county gold pine
in their shirt bosoms.
Newton county is troubled about her County
Court and public schools.
Capt Pierce M. Horne, of Griffin, ia a candi
date for Comptroller-General.
Mr. W. H. Bompley has purchased one-third
interest in The Tpccoa Herald.
3. G. Trammell, of Norcrosa, has rented the
Piedmont Hotel, at Gainesville.
Mr. S. A. King, an old and highly respected
citizen of Newton county, is dead.
Hon. J. J. Turnbull, of Banks, is also spoken
of ae a candidate for Speaker of the House.
Job A- Gresham, of Burke oounty, was com
missioned Tax Collector of his county on Satur
day.
a A young Houston county legislator elect, be
gins hie politic a! career by taking onto himself
a wife.
We fear that Panon Felton is drawing his
political shroud about him at every step, in the
Seventh,
The subscription price of the Atlanta Consti
tution tor three months has been raised to
three dollars.
James Lee, a young than near Carrollton,
committed suicide last week, by shooting him
self with a gun.
Mr. W. T. Harber to Miss L. A. WUlhite. of
Harmony Grove, Jackson county, Ga., were
married last week.
Mr. H. W. Hardy, aged 77 years, was married
to Miss N. A. Foster, aged 44 years, on the 7th
ult., in Henry oonnty.
Borne has another wholesale liquor bouse.
We know of few people blessed with more ad
vantages than the Romans.
Mr. Dallas Moore, acting deputy sheriff of
Banks county, killed a negro, attempting to
esc&De from arrest last week.
The editor at the Athena Watchman is fast
establishing his reputation as a prophet. We
wonld like to see bie Tilden slats.
Matrimony is on the increase in the State du
ring the heated campaign. There is no telling
what a man will do when excited.
Rev. J. G. Parks, preacher in charge of the
Octnnlgee circuit, has taken into membership
one hundred and ten members this year.
The Atlanta'-Timc* says that Mr. Elias Bea
ty, a well known, worthy and respected citizen
of Cobb oonnty, died on the 20th instant.
Fulton Superior Court, Supreme Court. Unit
ed States Circuit Court, City Court and United
States Court are all in session in Atlanta.
At a negro “shindig” in Houston county,
one negro playfully severed his neighbor’s
jugular vein with a razor, killing him instant-
Chestnuts in Dahlonega sell at $1 50 per
bushel, in Maoon they bring *6; which pre
sents another advantage of Dahlonega over
Maoon.
A Maoon man when last heard from was
stumping New York, whioh.insome degree, ex
plains the Demooratio enthusiasm in the Em
pire State. 1
The Constitution is authority tor the state
ment that Hon. Henry Carlton, of Glai k, thinks
that Mr. Hill will get the solid vote of the
Ninth District for Senator.
Miss Katie Hillyer, of Rome, gracefully
turned over the proceeds of six premiums
awarded her at the reoent Fair last week, to
the Ladies' Memorial fund.
The Atlanta Constitution learns that erysipe
las has attapged the amputated leg of Mr.
George Eddleman, the gentleman injured by a
oar, and that he is quite ill.
General A. B. Lawton, says the News, is in
Griffin, representing the Central Railroad in
the Sears ease. Hon. Ben Hill is also in the
city, and is attorney fer the plaintiff.
A Markham House waiter, after appropria
ting muoh valuable furniture from that estab
lishment was about to start a hotel of his own
when a policeman stopped h>* little game.
Mr. A. L. Rargo, at Jackson oounty, a brave
Confederate soldier who lost a leg in the “Lost
Cause,” is a candidate for Door-keeper of the
House of Representatives, says the Watchman.
O’FarreU, of the Athens Georgian, being a
member of Council, did pot like to set the boys
a bad example by going to the female min
strels, to he sent e colored moke to report for
him.
Thus the Griffin News: Are all the candi
dates for Clerk of the House in S If so we
suggest that Governor Smith will not delay his
thanksgiving proclamation till March. Let us
hays it at once.
The Coyingtgn Star accuses Capt. E - Pur
cell of bplng the handsomest c-inductor on the
Georgia Road. Such delicate flattery is not
calculated to turn a massive, well poised'head
like Purcell’s, however.
The Macon Telegraph, speaking of the Can-
Can Minstrels,says there was present one of
the largest audiences — ofi males—we ever saw.
with haldheads enough in the front orchestra
Chairs to m&ke a moonrisu.
People get so fast up there that ws are ex
pecting every day to bear of hirsute orna
ments upon the faces at the fair sex.— Griffin
News- Would not snob a costume, however,
upbraid her suite of head gear f
Grady will have all the veterans in line after
awhile. See this: We have it, from what we
deem a reliable source, that ex-Governor Ohas.
J. Jenkins will become a faotor in the Sena
torial problem before it is solved.
Dolcfael L. N. Trapmell is quoted as saying
that “Felton is the greatest natural bom ora
tor in the yorld-' 4“d new Trammell pro
nounces the proprietor of this statement
the “greatest natural born bV *“ ‘Bo State.'
The boys were se engaged escorting Mine.
Bentz’s blondes to the depot, that the Griffin
Sunday schhhls ware alimly attended last Sab
bath. As we before intimated however, the
leaves of Gene Speer’s catechism never flutter
ad.
'"The Athens Watchman thinks that the
amount ofbuaSiwSS now done by the Southern
division of the Northeastern Rfilroad shows
the importance of continuing it. and securing
a oonneotioa with the Great West via Knox
ville.
Tinsley W. Bnckor, Esq , of Athens, one of
the most brilliant young lawyers in the State,
is announced ys AfilcheJPs opponent for Solici
tor of the Athene .Circuit. MitoheU, beinga
bachelor, gops into the contest Ftth terrible
The Govingtoo star understands that a
young man oite4 gagfey committed subside,
last Saturday afteynogn, it Smith's raiUs, “
Walton oounty. by shooting bmjself tF°“W
the head with a double barrel shot gun; pause
—temporary aberation. i •
New York Tribune .- The Hon. Hersehel V.
Johnson is a prominent candidate tor United
States Senator from Georgia. His eleotion
would he * great credit to the State, and wo Id
go a long way towsfd balancing the Hon. Ben
HiU at the other end of the Capitol.
From the Savannah News we learn that Mr.
William H. Phillips, well and favorably known
in Macon, Charleston, Augusta and that city as
an ezprtssmaD, died yesterday. He was a na
tive Of Sjaboffi where he leaves a wife and
manylnends and relatives to mourn his loss.
ussts
last week.
INTERVIEWING A FARMER.
[From the Louisville Ledger.]
Wifitiiof to keep posted as to the con
dition of The JJjd to ascertain the
exact amount of aj|p a it¥ ,49)3® by the
recent flood, a reporter of the Ledger
started oj£t the other morning on an Tn
tervieyvipft efqwpdjjjon. IJe was fortu
nate epongh 'Jo p farmer at
tfoi etjgepf town hfrngi#ft •, lo*& of hsj
into $0 pit, fuming with enfhu*ta,
the reportej He baited,
and the fottowwg icoi%hf fef♦ place:
“How ate you, friend T*
“Tired."
“What’s hay now !” J ixf gf Mr.
“Same as it always was.”
“Whai’s that ?”
“Dried grafi#.'"
“What did yon tfaipk of (fop fain ?”
“Thought it was damp.”
“Didn’t raise anything, then, hey ?”
ig bfih gn umbrella.”
‘ What did vQjyf nfltghfeofs get ?”
“OhilJs and fever. 1 '
“What are yon doing now ?”
“Sitting out here in the sun, and
maybe missing a ehange to sell this hay.
Come op here if you want to talk.”
The reporter scrambled np to the s ids
of his new-made acquaintance, and as.
they jolted on he again produced bis
'WKfcst did the farmers do la St
Spring?” \
“Kan everything.-jfl <tfee gronM, as
usual. ” ■ N 1' -\ .
“Did your wheat bring anything ?”
"Yea ”
“What?”
“Sprouted."
“Can you raise any tobacco here ?”
“Yea. Do you want a chew ?”
“How are potatoes?"
“Under the weather somewhat, bnt
able to be outJT
Becoming just the least, bit discour
aged, the reporter asked timidly;
“Will you bring many beets to the city
this year?” ” -
“Got a good load now,” was the re
joinder, as he checked his horses and
said: i“Guess you’d better plant what
I’ve told yon, and See what it will yield.
Here’s where you,get off.”
Remembering that it was jnst about,
time to report at the office, the baffled
searcher after news o imbed down the
side of the wagon, and, thinking that a
soft answer torneth away wrath, he
calmly said;
“That’s nice hay, my friend ; where
did it oome from ?
“Timothy seed,” was the reply.
The interrogator grew faint, bnt he
summoned np courage enough to aak:
“What do yon think yon will get
for it?”
“Cash, of course. Get up, Whitey,,
this fellow will talk ns blind in a min- ]
ute. He asks more questions than a.
OS tec hi am,” and before the disoonraged j
representative of the press could recover .
from his surprise, the bay wagon had 1
turned an adjacent corner.
The meeting in Charleston Monday:
was a grand affair. The prooeasion is
said to have numbered ten thousand
persons, including two thousand horse-;
m.n one-fourth of whom were colored.
All places of business were cleeed. The
greatest enthusiasm prevailed. 3emdes
the oolored men on horseback, there was
a large number in the line. The whole
city was aglow with patriotic seal for
Hamtton and Reform. Speeches were
made by Generals Hampton and Cou
pon. Charleston is thoroughly aroused.
STATE SCWihML CUUKI. msj
DECISIONS RENDERED BY THH
SUPREME COURT OF OEOBGIAj
IN ATLAN PA, OCTOBER 81, IB7A.
{Atlanta Constitution.) |
Kerr & Lc-eb vs. H. K. Thorber & Cos.
Com plaint, from Muscogee.
Wabnub, C. J.
This was an aotirn brought by the
plaintiffs against the defendants to re-:
cover the possession of eleven bancis of
sugar of the alleged value of S3OO, to
which the plaintiffs claimed title. On
the trial of the case the jnry under the
charge af the Coart found a verdict for
the plaintiffs for the sam of $292 90.
The defendants made a motion for a
new trial on the several grounds therein
set forth, which was overruled by the
Court and the defendants exoepted. It
appears from the evidence in the record
that the plaintiffs in the month of April,
1875, sold in New York to Barnard &
Go., of Columbus, Qeorgia, a bill of
goods, which were shipped to them at
the latter place, a part of which was the
eleven barrels of sngar in controversy.
Before the arrival of th < goods in Co
lumbus the plaintiffs learned that Bar
nard & Cos. were insolvent, and stopped
the delivery of the goods in transitu,
that is to say that portion of them which
had not reached the place of destination,
but the eleven barrels of sugar had
reached Columbus and were sold and
delivered by Barnard A Cos. to the de
fendants, and paid for by them at the
price which the sugar cost in New York.
The evidence in the rcord is that on the
24th of April, 1875, the date of the sale
of the sugar to the defendants by Bar
nard & Cos., the latter were in good
credit and standing as merchants. The
Elaintiffs proved that in March, 1875,
efore the bill of goods was purchased
of them that Barnard A Cos. had mort
gaged their stock of goods to secure
an indebtedness to the amount of
$14,467 46, the same being a much
larger amount than the whole of
their stock of goods. The mortgages
upon their goods had not been recorded
st the time the defendants purchased
the sugar of them, and there is no evi
dence that the defendants had any
knowledge thereof at that time, but on
the contrary the evidence is that they
were in good credit and standing. The
Court charged the jnry “that if they
believed, from the testimony, that Bar
ard A Cos. obtained the goods by fraud
and misrepresentation, and with the in
tent to sell and convey away the same
to defraud their creditors, then Bar
nard A Cos. got no legal title to the
same, and could convey none to the de
fendants if they had notice of such
fraud in the purohase, or of suoh fraud
ulent intent in the sale of them. If the
defendants knew that Barnard A Cos.
obtained the sugars from the plaintiffs
by fraud, and sold the same to them
with a view to hinder, and delay and
defraud their creditors, pr to keep from
paying the plaintiffs, and this was
known to the defendants, that will ren
der void the sale to defendants. If de
fendants bad notice that the sugars
were bought by fraud from the plain
tiffs, and they bought from Barnard A
Cos. to assist them in defrauding the
plaintiffs, or even if they bought the
goods to drive a hard bargain with Bar
nard A Cos., they having suoh notice,
this would be a fraud of suoh character
as to void the sale and render the goods
subject; but if the purchase by the de
fendants was a fair purchase, in the or
dinary course of business, without
notice of any fraud or the part of Bar
nard 4 Ga, then they got a good title
and the property is theirs. The
whole case turns upon the bona fldes of
the transaction, and this is to be deter
mined from the testimony.” 8o far as
the purchase of the goods by Barnard &
Cos. of the plaintiffs being fraudulent,
there can be no doubt, according to the
statement of faots disclosed in the
reoord, but is there sufficient evidence
in the record that the defendants had
notioe of that fraud at the time they
purchased the goods from Barnard <fc
Cos. to have authorized the charge of
the Court in relation to that point in the
ease and the verdict of the jury in pur
suance thereof ? A title obtained by
fraud, though voidable in the vendee,
will be protected in a bona fide purchas
er without notice. Code 2,640—2,650
Fraud is not to be presumed, but must
be proved, but being in itself subtle,
slight circumstances may be sufficient to
carry conviction of its existence. What
is the evidence in the record going to
Show that the defendants had any
knowledge whatever of the fraud of
Barnard & Cos. in purchasing the sugar
from the plaintiffs, at the time they
Surchased the same from Barnard A
o. 2 The only circumstances from
which such knowledge is sought to be
inferred is that the defendants bought
the sugar on arrival from Barnard A
Qo„ whq delivered it to them at defend
ants’ store, they paying therefor the
cost of the sngar in New York, which
was about one cent per pound less than
the cost of tlie sjigar delivered in Co
lumbus. Was this a circumstance from
which fraud could be inferred, so as to
charge the defendants with a knowledge
of the fraud of Barnard A Cos. in pur
chasing the sugar from the plaintiffs,
more especially as Barnard A Cos.
were merchants ?P good oredit and
standing at the time 2 is the
evidence of or the part of
the defendants in regard to the pur
chase of the eleven barrels of sngar,
when closely examinee} and analyzed ?
Barnard A Cq. were merchants in Co
s of good credit and standing on
the 24th day of April, 1875. On that
day t|ye 4efendant purchased of them
eleven barrels of sugar, paying cash
therefor at the New fork pnpe, at thirty
and sixty days credit, which was about
one oent per pound less than the cost of
the sngar laid down in Columbus. It is
qnite probable that Barnard A Cos. may
have intended to defraud the plaintiffs
in making sale of the sugar, but the fact
that the defendants purchased the su
gar from them, at the time and in the
manner disclosed in tjie record, without
more, does not, in ottr jadginent, under
the law, pake o.Jft even a prima facie
case of frapd th.e defendants. A
bare suspicion of franc} ip not sufficient
tp change a party W il | a 4
fact that the dpjppdants purchaseef elev
en barrels of sugar of Barnard A Cos.,
on arrival in the oity of Columbus, who
at that time were merchants in good
oredit and standing, at the New York
price, paying cash therefor, is not, with
out more, under the law, even prima
tkicie evidence of fraud, and the Court
eTred in overrulipg the defendants’ mo
tion for a'neW triui.
Let the judgment of the pourt below
be reversed.
Jackson, J., baying been of counsel,
4id not preside jp thjs cpnp.
Catharine W. CJiicb Southwestern
Railroad Company. Case, frog) Hous
ton.
Warnbb, 0. J.
The plaintiff brought her action
against the defendant to recover dam
ages for tpe Jpgs the services of her
minor son, ,tfhifljs, gh# Al
leges, was being carried on defendant's
foad, as an express messenger, from the
city pi Kapop to the city of Columbus,
and whilst being so parried was, on the
23d day of 0ct0ber,.1673, by the eipre
lessness, negligence And default of said
defendant, and without fault or hegli
geoee qn J)is part, by a collision of its
trains, running the defendant’s road,
wounded, bruised and injured in and
upon the head, producing a fractal of
his skull, and in and upon other parts
of his body, of which said wounds,
bruises and injuries the said John W.
Chick then and tbef.e lingered nntil the
27th of October, when be died ;
that her son was of the sge of twenty
years, god his services were due to her,
the 8019 surviving parent, and were of
the annual value 01 one thousand dol
lars; that she has been compelled to pay
oat and expend the sum of two hundred
dollars for medical services and atten
tion during his last illness, etc,. Thsdtb.
fendant demurred generally to the plain
tiff’s declaration. The Court sustained
the demurrer, on the ground that no one
in this State can bring suit for damages
sustained by homicide but the persons
named in the 29715 t section of the Code.
Whereupon the plaintiff exoepted.
According to the ruling of this Court
in Shields vs. Yonge (15th Geo. Rep.,
349), the reason giyen by the Court be
low for sustaining the demurrer to the
plaintiff’s declaration was not a good le
gal reason, in view of the allegations
contained therein. The plaintiff did
not seek to recover damages for the
homicide of her son, as provided by the
29715 t section of the Code. The plain
tiff sought to recover damages for a tort
oommitted by the defendant to her mi
nor son, under the provisions of the
2960th section of the Code, and because
she alleged that her son died from that
tort, so committed by the defendant, by
way of aggravation, it does not follow
that her action was brought for the homi
cide of her son under the provisions of
29715 t section. That section of the Code
gives the right of action to the persons
therein named to recover for the homi
cide of a husband, or parent, and that is
all it does declare in relation to a recov
ery for the homicide of anybody. The
homicide of a husband or parent is
made by the statute a special cause of
motion in favor of the persons therein
named, ancl is limited to them, sa was
held by this Court inGa. B. B. Company
vs. Wynn; 42 Georgia Rep., 331. In
that case there was a special demurrer
to the plaintiff’s declaration, on Two
grounds, one 6f which was, “Because a
husband cannot recover damages for the
of his wife.” The distinct ques
;£Th a ‘trs&sx
the Court was whether a husband
could recover damages for the
death or homicide of his wife, under
the provisions of the 29715 t section of
the new Code, and it was held that he
could not, and that was the only ques
tion decided in that ease, in relation to
the plaintiff's right to recover under that;
section. The case now before the Court;
is not an action brought by the plaintiff'
to recover damages for the homicide of
anybody, under the provisions of the
29715 t section, bnt it is an action brought
by the plaintiff to recover damages for
the loss of the services of her son, in
consequence of an alleged tort commit
ted by the defendant, as provided by
the 2960th section of the Code. The
fact that the plaintiff alleges in her de
claration that her so a died in conse
quence of the tort committed by the de
fendant, by way of showing the aggra
vated character of that tort, does not
make it an action to recover for the
homicide of her sou under the provisions
of the 29715 t seetion. The foundation
of the plaintiff’s action in this case is to
recover damages for the services of her
sod, under the provisions of the 2960th
section, and not to recover under the
29715 t section of Uhe Code for the homi
cide of her son, and her right to do so
is authorized by the decision of the
Court in Shields vs. Yonge, before
cited, on complying with the require
ments contained in the 2970th seotion
of the Code, inasmuch as the tort
complained of in the plaintiff’s declara
tion was such an act of criminal negli
gence on the part of the defendant
and its agents as prima facie at least
amounts to a felony. See Allen vs. At
lanta Street Rai.lroad Company, 54th
Georgia Rep., 503. It will be notioed
that the deeisioo in the case of Shields
vs. Yonge was made prior to the adop
tion of the Oodo, in which the 2970th
section is now incorporated as a part of
the prescribed law of the State. The
homicide of the plaintiff’s son by the
defendant and its agents was undoubted
ly a tort, in the general sense of that
term, but it was not that class of torts
contemplated by the 2960th section,under
which this actibn was brought. The
torts contemplated by the 2960th seetion
are that class of torts for whioh damages
could have been recovered at common
law, for loss of service of the wife, ohild,
ward, or servant. The 29715 t seetion
gives to certain persons therein named
the right to recover for the homioide of
a husband or parent, without regard to
the loss of service as a cause or founda
tion for tha action. In other words, the
statute gives to certain described per
sons the absolute, independent right to
recover for the homicide of a husband
or parent whioh did not exist at common
law without alleging any loss of servioe.
Although the plaintiff has not
brought her action to recover for the
homioide of her son, still it appears on
the face of her declaration that the
death of her son resulted from the tort
of which she complains, thereby show
ing a statement of facts whioh prima
facie amotnts to a felony on the part of
the defendant’s agents, and inasmuch as
as there is no allegation that any prose
cution has been instituted against them,
or any excuse for failing to do so, as re
quired by the 2970th section of the Code,
and the cUmurrer being general to the
entire declaration, we affirm the judg
ment of the Oourt below, sustaining the
defendant's general demurrer, with leave
to the plaintiff to amend her declaration,
if she shall think proper to do so.
Judgment affirmed.
Fettet vs. Teal. Appeal, from Bibb.
Bleckley, J.
1. Runting payments and overpay
ments on account may be pleaded as a
set-off to the plaintiff’s account sued on,
where the plea admits the latter to a
certain amount, bnt disputes the bal
ance; and if the plop be sustained by
evidence, the defendant may have judg
ment for any exoess whioh he ought to
recover.
2. The exolnsion of the defendant’s
books of account was not error, so far as
appears to this Court from the reoord.
Judgment reversed.
Jowers vs. Baker. Complaint, from Ma
rion.
Bleakley, J.
1. Where the action is by a partner
against his copartner for an alleged
breach of contract to furnish timber
and saw logs tb meet the demands of a
mill, and keep it constantly running, it
is error for the Oourt to charge the jury
that “nothing definite having been said
as to the quantity to be furnished, then
the obligation npon the part of the de
fendant was to furnish as many stocks
as might be sawed with profit, and rea
sonably necessary lor the greatest suo-
Cess of the partnership enterprise.” The
form of the charge is not quite free
from objection, inasmuch as the jury
may have understood the Court to mean
that noting definite was in fact said as
to the quantity; but the substance of
the charge is clearly inapplicable to the
declaration, whioh does not seek a re
covery for failure to furnish as many
stocks as might be sawed with profit
and reasonably necessary for the great
est success of the partnership business,
but for failure to furnish enough to
meet the demands of the mill and keep
it constantly running. See this same
case of a former writ o| error.
2. There being no evidence that the
defendant did not know he was not fur
nishing stocks enough to run the mill to
its full capacity, but, on the contrary,
his own statement to the jury, on the
tripl, being that he did not famish
enough, and that the plaintiff complain
ed to him of the deficiency, it was error
to charge the jury that if the plaintiff
had the management and control of the
mill, the defendant was entitled tono
tice of the deficiency, so that he might
have fulfilled his obligation.
3. Generally, when a partner under
takes to perform a distinct part of the
common business, he must know for
himself whether he is discharging his
duty or neglecting it. He may urge a
w liver of strict performance, but can
not e?etufe his failure on t’fie gronnef of
voluntary ignorappe.
Judgment reyeygefl,
Bonner fig. Woodall and Nelson. Com
plaint, frotq Twiggs,
BfJtpRLEf, J.
1. Where in a suit between the origi
nal parties a promissory note is resisted
by a surety who signed and left it with
his principal, believing and expecting
that another surety was to sign also, but
whose signature was not procured, the
note being delivered by the principal
men’ts of incompleteness of the inatrn,
meat, and notice thereof, actnal or vir
tual. to ttye payee; and 9ph of these
efeoipptp tpuat he Jjrsflntpd lq plea
so as }o h (fisttncffy lsstfeahlp. '
2. a stipulation in the con
tract pf some svefgaejit fe tjiftt effect in
the pleadings, there 1* no presumption
that a debt owing to a guardian was of
right, payable in Confederate money,
though the note was executed in 1863
and was payable in 1864,
3. For the guardian to reject a tender
of payment in Confederate money made
by the principal in 1864 after fnp note
matured, and for him also to discourage
the pressing of the tender by a naked
promise not tb call for payment until
after the close of the war, were not wrong
ful to the surety,
4. Such a promise made and kept
without the surety’s knowledge or con
sent did not discharge him, notwith
standing the principal was solvent when
the promise W 8 mode and afterwardfl
became ineolvent. It created no binding
contract; and the whole transaction
amounted to uw* o indulgence without
any act or omißsfon contrary to the cre
ditor's duty tq tbp surety, who, sq far
as appears,' gave 40 fo gue py to
coerce payment.
Judgment reversed.
The Mobile and Girard Bailroad Com
pany vs. W. H. Jones, sssignee of
Thomas J. W°oUo}fc- - Debt, fipm
?? Muscogee. c "
Jackson, J.
1. A guarantee of the solvency of
notes made by a party who paid the
Dotes to a 000 tractor for work douo for
such party by the contractor, on a con
tract to pay him in the notes of others,
to be made good if insolvent, is not a
promise to pay the debt of another, and
therefore not within the statue of
frauds. , , ,
2. Sait on snch guarantee roust be
brought within four years after the right
•f action scorned, and the right of ac
tion accrued jnst so the insol
vency of the makers of the notes was as
certained, or with reasonable diligence
ascertainable.
Judgment reversed.
Roberts, Dunlap & Cos. vs. Jas. 8. Gray
Jackson, J.
1. If a case turn entirely on the ques
tion whether plaintiff or one of defend
ants is to be believed, and if the jury
believe the plaintiff, and if his version
of the transaction sustain tho legality
and equity of the verdict, as well as the
sufficiency of the evidence to support
ttm verdict, this Court will not control
tna discretion of the presiding Judge
in refusing anew trial on those grounds.
2. If defendant’s theory of the case
be true, that the transaction was a bail
ment and not a loan, and that the plain
tiff agreed that Confederate money
which he collected proved valueless at
the end of the war, then the loss should
be it is not noosessry that
defendant should tender the money af-
W the war dosed; it i# enough that he
proved, in any way, that the money died
on his hands; therefore a charge that a<
tender after the war had nothing to do,
with the case did not hart the defend-'
ant, the charge being right in other re-*
apects.
3. A contract, whether for the loan or
bailment of Confederate currency, made
•n the 24th of Deoember, 1864, is ’with
in the ordinance Of 1865, authorizing'
the jury to settle equities between the l
parties growing out of Confederate ;
contracts, and the charge that the case
is within the ordinance is right.
4. The charge that if the jury found
for the piainbff,' they should be gov
erned by Barber’s tables, found in 34
Ga., in estimating the amount dne him
in currency, did not hurt the defend
ants, said tables being in evidence with
out objection.
5. Anew trial will not be granted on
newly discovered evidence which per
tains entirely to an agreement of coun
sel, not in writing, and which toe origi
nal counsel of defendants neglected to
communicate to his successors, and
which they neglected to ascertain when
he went npon the bench.
Jndgment affirmed.
Freeman vs. Borawanger. Claim, from
Bibb.
Wabneb, J.
This was a olaim case, on the trial of
which, as it appears from the bill of ex
ceptions, the plaintiff offered in evidence
a fi. fa. issued from i Justice’s Court in
favor of Freeman, assignee) vs. Ezzell,
maker, and Newton, administrator of
Gooldsby, deceased, for 375 principal,
besides interest and cost, which com
manded the proper officer, that of the
goods and chattels, lands and tenements
of Ezzell, maker, and Newton, adminis
trator of Gooldsby, deceased, indorser,
he cause to be made the principal, in
terest and cost thereof, etc. The above
fi. fa. was levied on certain described
land and improvements, as the property
of Gooldsby, deceased, and claimed by
the claimant. When the plaintiff offered
in evidence the ft. fa. the counsel for
the claimant objected, on the ground
that the fi. fa. was against Newton in
dividually, and not in his representa
tive character, and did not bind, and
could not be levied on the property of
Gooldsby, deceased. The Court sus
tained the objection, and the plaintiff
excepted. When cases are tried before
a Justice of the Peace, ho is required to
render judgment therein, according to
the law and facts of each ease. Code,
4156. The law requires that iu a suit
against an exeontor, or administrator,
in his representative character, that the
judgment mast be de bonis testaloris ,
except when he pleads ne unques execu-.
tor, etc. Code, 3573. The iegal pre
sumption is that tlie execution offered
in evidence in this case followed the
judgment, and if so, the judgment was
not rendered de bonis testaloris, and
did not bind the laud of Gooldsby, the
deceased intestate, so as to authorize
a levy and sale thereof,under theft. fa.
mentioned in the record as his proper
ty. There was no error in sustaining
the claimant’s objections to the ad
missibility of the plaintiff’s/!, fa. in evi
dence for the purpose of subjecting the
land levied on as the property of Goolds
by, deceased.
Let the judgment of the Court below
be affirmed.
Jackson, J., having been of oonnsel,
did not preside in this case.
Central Railroad and Banking Company
vs. Rogers & Sons. Appeal, from Bibb.
Wabneb, O. J.
This was an action brought by the
plaintiffs against the defendant to re
cover for damage done to 80 barrels of
floor shipped over its road, in conse
quence of the damaged condition of the
flour at the time of the delivery thereof
to the plaintiffs at Maoon. 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 3140, be
sides interest. It appears from the bill
of exceptions that during the progress
of the trial the plaintiffs offered in evi
dence the interrogatories and answers of
two witnesses, which had been offered
on a former trial of the case and rejected
by the Court because the witnesses hud
failed fully to answer the defendant’s
qyoss interrogatories, the Court directing
that said interrogatories should be sent
back to be re-exeouted, retaining the
answers of the witnesses in the clerk’s
office, whioh was not done, bnt the
answers were sent back with the in
terrogatories, to be re executed and
returned in the same envelope.—
The Court overruled the defendant’s
objections to the reading of the inter
rogatories in evidence, on the ground
that the objection should have been
made before the case was submitted to
the jury, to which the defendant ex
cepted. It appears from the evidence
in the record that the flour was (ship
ped from Louisville to Macon, and re
ceipted for as in good order, as through
freight, accompanied by a through
freight list, and when it arrived in Ma
con it was damaged by having been wet.
It also appears from the evidence that
when it was discovered that the flour
had been damaged on its arrival in Ma
oon, a survey was had, as was usual with
the railroads aQd merchants in Macon,
to adjust and settle the damages, and
Messrs. Rice & Goode, to whom the
matter was referred, reported in writ
ing that, at the request of the plain
tiffs and the agent of defendant, that
they had examined the flour and
found it badly damaged by water, to
the extent of 31 75 per barrel, and that
said shipment was in that condition
previous to shipment; but they were
not sworn, and examined no witnesses.
It also appeared from the evidence of
some of the witnesses that the flour was
apparently in good order upon its arri
val in Macon, though one of the plain
tiffs testified that he discovered water
stains, and signs of the barrels having
been wet, which caused him to examine
the flour. There is also evidence in the
record going to show that the flour
must have been damaged before ship
ment, but the evidence was conflicting
in relation to this (joint in the ease. The
CoYirt euarged the jury to the effect that
inaam'^op' a? tlie surveyors, Rice and
Goode, were not sworn, and there being
no submission in writing by the parties,
their report dr award did not ampunf to
anything (pore tfrafi show theyaiue of
thp damage dope ta the flour, if that, to
whicbr oharge the defendant excepted,
The Court further charged the
amongst other things, tlv>* l*{f the ship
ment offlour w “ made on the 16th of
July-, 18?2, on a Louisville and Nash
ville Railroad car, thropgfl tq Macon,
and the floa? ffpeijed pt the starting
poipf as ip good order, then the defend
ant yyas liable to the plaintiffs for the
amount of damage on the flour from
having been wet, whether the damage
was done on the read of the defendant
or aqy pap p< the several connecting
roads oyef whiph it passed from the
starting point, and the defendant was
liablp to the plaintiffs qoder this state
of fapts, if true, although the flour was
in this damaged oondition before it left
the mills at whioh it was manufactured,
and carried aboard the cars.” To which
charge the defendant excepted. There
w4S ho error in overruling the defepd
tions, J +ha iji'tSffOgdto been re
exectiteq under the order of the Court,
and returned, and the same rule in re
gard to exceptions was as applicable to
them as any other Interrogatories. In
view of the loose and uncertain manner
in which the question of damages was
submitted, considered, and reported by
Messrs. Bice A Goode, ns set forth
in the record, we find no error
in the charge of the Court in rela
tion to the effect there*! as evidence
before the jury, In our judgment, the
following part of the charge of the Court
was error, in vjew of the ccmflieting evi
dence as to whether the flour was dam
aged before itf shipment dr afterwards,
to-wit : “And the defendant was liable
to the plaintiffs under this state of facts
if true “ItuOilgu the flsur was in this
damaged condition before it left the
mills at which it was manufactured and
carried aboard the cars.” ft is true that
the 2C§4th section, qf. f-fle Code declares,
that where there are several oonneoting
railroads, under different companies,
the last oompany which has received
the goods in “good order” shall be re
sponsible to the consignee for any dam
age, open or concealed, done to the
goods, and such companies shall settle
among themselves the question of ulti
mate liability. The precise question is,
when the goods have been received by
the railroad company from the shipper
in apparently good order, and receipted
for as being in good order, can the de
fenaant, when saed for the illegal
damage done to the goods, rebat the
presumption of its prima facia liability
therefor by evidence going to show
that the damage was done to the
goods on either of the lines of railroad
over whioh the goods were carried, bnt
that the damage was done to the goods
before the same were received by either
of the connecting railroads. The sec
tion of the Code, before cited, evidently
contemplates damage done to the goods
by the railroad companies, and not
damage done to the goods before the
same were received by the railroad com
panies, or either of them. For example,
if the agent of s railroad company, at
the place of shipment, should receive a
cask of orockery ware, apparently in
good order, and should receipt for the
same as in good order, and when re
ceived by the consignee one-balf of it
was broken, ought the railroad company,
when sued for the alleged damage done
on its road or its connecting roads, to be
prevented from abowing, if it can do so,
that the damage was not done to the
crockery on either of the railroads over
which it bad been shipped, bnt that the
damage was done to the crockery before
shipment ? The same principle would
be applicable to a shipment of
barrels of flour as to a cask of crock-;
ery ware, when the same, from
the external appearance thereof, was*
apparently in good order. When
the goods have been receipted for to the>
shipper as being in good order, that is
prima facie evidenae of that fact as
against the company and its connecting
roadß, in case the goods are damaged,
bnt that will not prevent the defendant
from showing, if it can do so, that the
damage complained of was not done on
either of the connecting roads over
which the goods were shipped, bnt that
the damagd complained of was done to
the goods before the shipment thereof.
In order to do this, however, the burden
of proof is on the defendant. The
charge of the Court excluded from the
consideration of the jury that portion
of the defendant’s evidence which went
to show that the floor was damaged be
fore the shipment thereof.
Let the judgment of the Court below
be reversed.
JUDGMENT OFTHE PUBLIC.
Curing the past five years the public have
carefully obßerved'the wonderful cures accom
plished from the use of VEGETINE. Prom
its use many an afflicted sufferer has been re
stored to perfect health, after having expend
ed a small fortune iu procuring medical advice
and obtaining poisonous mineral medicines.
Its medical properties are Alterative, Tonio,
Solvent and Diuretic. There is no disease of
tho human system for which the VEGETINE
cannot be used with perfect safety, as it does
not contain any metallic or poisonous com
pound. It is composed exclusively of barks,
roots and herbs ; it is very pleasant to take;
every child likes it. It is safe and reliable, as
the following evidence will show:
Valuable Evidence.
The following unsolicited testimonial from
Rev. O. T. Walker, D. D., formerly pastor of
Bowdoin Square Church, Boston, and at pres
ent settled in Providenoe, R. 1., must be deem
ed as reliable evidence. No one should fail to
observe that this testimonial is the result of
two years’experience with the use of VEGE
TINE iu the Rev. Mr. Walker's family, who
now pronounces it invaluable :
Pbovidenoe, R. 1., 164 Tbansit Steket.
U. if. Stevens, Esq.:
I feel bound to express with my signature
the high value I place upon your VEGETINE.
My family have nsed it for the laet two years.
In nervous debility it is invaluable, and I re
commend if to all who may need an invigorat
ing, renovating tonic. O. T. WALKER.
Formerly Pastor of Bowdoin Square Church,
Boston.
A Walking Miracle.
Mr. H. R. Stevens, Esq.:
Dear Sib—Though a stranger, I want to in
form you what VEGETINE has done for me.
Last Christmas Scrofula made its appearance
in my system—large running uleers appear
ing on me as follows: One on each of my
arms, one on my thigh, which extended to the
seat, one on my head, which eat into the skull
bone, one on iny left leg, which became so bad
that two physicians camo to amputate the
limb, though upon consultation concluded not
to do so, as my whole body was so full of
Scrofula; they deemed it advisable to out the
sore, which waß painful beyond description,
and there was a quart of matter run from this
one sere.
The physicians all gave me up to die, and
said they could do no more for me. Brthof
my legs were drawn np to my seat, and it w&b
thought if I did get up again I would be a orip
ple for life.
When in this condition I saw VEGETINE
advertised, and commenced taking it in March,
'and followed on with it until I had used six
teen bottles, and this morning I m going to
plow, corn, a well men. All my townsmen say
it is a miracle to see me round walking and
working.
In conclnsion I will add, when I was endur
ing such great suffering, from that dreadful
disease, Sorofula, I prayed to the Lord above
to take mo out of this world, butaß VEGE
TINE lias restored to me the blessings of
health, I desire more than ever to live, that f
may be of some service to my fellow-men, and
I know of no better way to aid suffering hu
manity, tban to inclose yon this statement of
my case, with an earnest hope that you will
publish it, and it will afford me pleasure to re
ply to any communication which I may receive
therefrom.
I am, sir, very respectfully,
WILLIAM PAYN.
Avery, Berrien Go., Mich., July 10, 1872.
Reliable Evidence,,
Mr. H. R. Stevens :
Dear Hie—l will most cheerfully add my
testimony to the great number you have al
ready receive 1 in favor of your great and good
medicine., VEGETINE, for I do not think
enough can be said in its praise, for I was
troubled over 80 years with that dreadful dis
ease. Catarrh, and had suoh bad coughing
spells that it would seem ns though I could
never breathe any mjre, • and VEGETINE has
cured me ; and I do feel to thank God all the
time that there is so good a medicine as
VEGETINE, and I also think it one of the
best medicines for coughs and weak, sinking
feelings at the storaaoh and advise everybody
to take the VEGETINE, for I can assure
them it is one of the best medicines that ever
wa. MRS. L. GORE,
Corner Magazine and Walnut Streets, Cam
bridge, Mass.
Prepare FI Mem Boston, Mass,
Vegetine is sold by all Druggists.
nov2-wlm
l. p. a s.*
Aupstalnsic House,
а. O. ROBINSON. LOUDEN & BATES.
б, 0, ROBINSON & GO.
rpHE most complete and attractive assort
_l_ ment of PIANOS of the Best Makers at
NEW YORK WHOLESALE PRICES FOR
CASH,
Or small monthly payments.
SSO to SIOO saved by purchasing at the
CAUGUSTA MUSIC HOUSE.
Low Prices, Quick Sales.
ORGANS,
CHURCH. HALL o' PARLOR Four of the
BEST MAKERS, including the celebrated
Mason A Hamlin, which have been unani
mously assigned by the Judges of the United
States Centennial Exhibition ‘‘THE FIRST
HANK IN THE SEVERAL REQUISITES OF
SUCH INSTRUMENTS."
SUPERIORITY EVERYWHERE ACKNOWL
EDGED,
First Prize at the “World’s Fair” in Paris,
1867: at the “Viennia Exposition,” 1873, and
the Exposition at Lins. Austria, 1875—always
receiving the Highest Medals is competition
with the celebrated European Makers. New
Styles, New Improvements and Elegant New
Designs as exhibited at the Centennial. Two
Hundred Organs at Lowest Factory Prices, for
Casß or Small Monthly Payments.
MUSICAL INSTRUMENTS of every variety.
SHEET MUSIC and MUSIC BOOKS, the
Latest Publications. Orders Promptly Filled
at Publishers’ Prices. Best Italian Strings
and everything pertaining to a First Class
Music House.
Pianos and Organs for Rent.
Tuning and Repairing by * First Class Work
man of 25 yaarj practical experience. Orders
f;xu* the country will receive prompt attention.
G. 0. ROBINSON & CO.
QtiQ Broad St.
oct3l-dtw&w6m
bale of Valuable Property in
Oglethorpe County, Ga.
BY virtue of an order from the Court of Or
dinary of Oglethorpe county, and by au
thority granted in the last will and testament
of Z H. Ciark, late of said connty, deceased
Will lie sold, on the Ist. Tuesday in NOVEM
BER next, within the legal hours of sale, be
fore the Court House door, in the town of Lex
ington, one trapt of land, known as the Mill
Tract, Qont§iuiog 641 aores, on which is situa
ted a good Grist Mill. The mill house was
built of stone and brick, within the last twt>
years. The inside machinery is all new, with
four -fcot wheat mill arid same size corn ÜbU.
all propelled by a 20 foot watajwWl. Th“.
water power has a fall left Jpy lOthal sur-
I vcv,
frerms One-half cash; the balauoe on
twelve month* credit, with interest at 10 per
cent. Bond will be given for title until last
payment is made. Possession give? in ten
days from sale; and tbe purchaser witrtake ihe
unexpired contract with the present miller for
two months. JOHN G, GIbtJON,
H. A. HAYES,
oct!2-dtwl&w2 Executors.
and STATIONARY
1 friS IHA-ft-i'i
k. M m •k-iSAW, FLOUR AND GRIST MIUS.
PJla# jMmssmEnsiniiM
y Without Patterns.
:f impewsj dzsijns a SPLCIAtTY
TURBINE WATER WHEEL 7000 in v ;e.
mimußfrwwmmwa
SEND FOR CIRCULARS'. BALTIMORE. M,p.
aps-wly
GEORGIA COTTON TIE.
FOB simplicity, efficiency and durability,
excelled by Done. The Georgia State
Fair, held at Macon in October last, gave to
this Tie a diploma as the highest sward of ex
cellence over all other ties. For sale by
OLAGHOBN, HERRING A CO,
sep2l-d2Awtf Agents, Augusta, Ga.
CASH AND CLOTH FOR WOOL.
THE Athens Manufacturing Company will
pay in C4BH or CLOTH the highest mar
ket price for WOOL.
Enquire of PORTER FLEMING, at Augus
ta, or Agent at Athens for particulars.
’ B R. L. BLOOMFIELD,
my2B-w6m e nt
Notice.
Execution against all persons in
arrears for city taxes for the year 1876
has been placed uiJ hands, with instructions
to collect. I will be at the office of the City
Treasurer tor the next ten days, from m. t
Nww Adrertlsementg.
~ \ r~rr~■ . ==
Good Goods at Lowest Prices
. I iim un
AT
MULLARKY BROTHERS’
Mali ill Mil Dry Goods lose.
jo:
WHERE there oan be found a complete line ef Cassimers. Jeans, Flannels, Dress Goods, -
Black Alpaca, Hosiery, Towels. Corsets, Gloves, Ladies’ and Gents' Undervests,
Blankets, Bed Tickings, Shawls and Cloaks, which will be sold at nnprecedently low prices. At
wholesale we offer:
100 Bales Factory Sheetings and Shirtings.
50 Bales Factory Plaid Orn&burgs.
(10 Cases Fancy Northern Plaids.
60 Bales Factory Stripes.
30 Cases Bleaohed Shirtings, all grades.
500 Dozen Gray Mixed Undershirts.
250 Dozen White Undershirts.
100 Bales Sea Islands. All of these goods will be sold in accordance with tho market
prioee, and the bnyer will be given the advanta ;e of any deoline which may take place.
Mullarky Brothers,
aeaBROAD street.
octS-deoiUwAwly
Dry Goods for the Million!!
Consisting in part of the following :
BLACK SILKS of the celebrated makes of Pousou k Bennett, at all prices.
COLORED SILKS, in all the newest and desirable shades.
MOURNING DRESS GOODS, including Lupin’s best Bombazines, Henriettas,
Tamise, Mousselines, Bianitz, Cashmeres, ka.
COLORED DRESS GOODS, the finest line ever shown in the city, including all
the latest novelties in texture and color.
SUlTS—Ladies’, Misses’ and Children’s in great variety.
CLOAKS—This stock embraces everything now iu the market.
KADIES 1 UNDERWEAR—The best stock ever brought to Augusta,
INFANTS’ WEAR—Au entirely new stock -of Dresses, Cloaks, Sacks, Bonnets, &o.
LADIES’ HOSE—The best makes of Balbriggan, English, Frenoh and German
goods ever brought South.
MISSES AND CHILDREN’S HOSE—Solid colored, striped, and plain white,
from the lowest price to the finest imported.
GENTS’ HALF HOSE—A complete assortment of British, French and German
goods, both plain and fanoy.
LADIES’ TIES—The greatest novelties ever shown iu Augusta.
CORSETS—This stock is complete, from the eh impost to the finest imported,
LlNENS—Damasks, Towels, Napkins, Doylies, and everything that goes to com
plete a first-class linen stock.
CASSIMERES AND FL4NNELB—A complete assortment.
And an innumerable variety of other goods, which limited spaoe precludes us
from mentioning. ' , ,
Call and examiue Our Stock. Compare and be convinced that
We €aii Beat the World on Prices aud Quality of Good;!.
James A. Grray At CJo.
00t22-tf
MONEY MONEY, MONEY !
Hot lo Saie is “ Hilly Dollar!”
Buy Your Dry Goods for Gash
AT THE
Augusta Dry Goods Store,
FROM L,. RICHARDS.
THAT is tho Place by “A Large Majority," where you will find tbe best Stock of Dry Goods
in the oity for the least money, at Retail and Wholesale. Domestic Goods at Factory
Prices, Choice Caliooes from 5 to 100., Bleaohed and Brown Cottons at 6o up. Ginghams, 10 to
12|0.. TowelH from $1 to $6 dozen. Table Damask 8-4 from 35c. to $1 60 yard; Doylies and Nap
kins from 500. to $4 dozen. Shirt Fronts, 15 to 50c. each, Dress Shirts Finished Complete. 75c.
to $1 25 each, Ladies', Children and Gents’ Undervests from 50c. up, Ladies’, Children and
Gents’ Hoisery from 100. to tho Finest Balbriggan, Gloves all kinds, Kid Gloves from $1 to
$2 25, Ladies’ and Gents’ Haudeiohiefs. both Silk and Linen of every description, from 6c. up
to $2, Corsets from 50c. to $2 50, Neck Ties, the newest out, all Colors, from 25c. to $1 50, Rib
bons all Widths and Colors, Rotichinß, the most Fashionable, 6 yards for 250. and 100. dozens
to Finest Cloaks, the Latest Styles, from $2 lo the Finest. The Stock of Dresß Goods oan’*; be
surpassed. In all the New Colors. Navy Blues, Seal Browns and Myrtle Greens from the lowest
price up to the finest. Black and Mourning Goods all kinds, Bl&ek Alpacas and MQhv.re, the
best makes,from 250. to $i 50 yard, Black Cashmeres, Bombazines, Henriettas aud Ora'je C’oth,
the best makes, from 60c. to $2 yard, Black and Colored Silks, no advanoe in price, -from $1 to
$3 yard, Jeans, Cassimeros, Waterproofs. Flannels, Bed Ticking Blankets. Aa., cheaper than
was ever known. The greatest variety of Notions in the city, Combs all kinde, Hair Brushes,
Tooth Brushes. Jet Jewelry, Necklaces, Pocket Books. The best Scissors fn t i ie WO rld. Six
Machine Needles fer 25c. The best makes Perfumeiy, Soaps and thonsap'&a 0 f other things,
all at bottom prices. Come and see aud be convinced. A word to friop-js at a distance to save
money. Send for sample?, and save the expense of coming to the oity , and make your own selec
tions'from one of the beet Stocks of Dry Goods in the South at the lowest price. I would here
state my plan of sending Goods by express is the same I adopted, some years ago in the Fred
ericksburg Store, which proved so successful. I will make ev'jry effort to please, as I did in the
old house. Will pay expressage to the customers nearest depot on all orders for Goods at
retail amounting to Ten Dollars and over, when the money accompanies the order or the
Goods to be shipped C. O. D. Is agent for tlie Qctnestie Paper Fashions. Send for Catalogue.
L. BIGHARDS,
NEXT DOOR TO JAS. G. BAILIE A RRO., 209 BROAD STREET, AUGUSTA, GA.
oot2t)-dtwAw
Dry Goods! Dry Goods!
P. & M. GALLAHER
HAVE just received their Fall and Winter Stock of DRY GOODS, consisting j n , )ir ( 0 f , n
elegant lino of .
Dress Goods in All Ihe New Shades.
A SUPERB Stock of MOURNING GOODS, such as Bombazinos. Cashmers, Alma Cloth,
Meiino, Henrietta Cloth, etc. A complete >tocl; of HOSIERY, Table Damask Irish
Linen, Towling. Napkins, Doylies and Marseilles Quills. BLACK SHAWLS, Merino, Ca’shmers
and Bombazines. NOTIONS, Comets, Kid Gloves tue.it qpakes), Neck Scarfs, Rn’ohings and
Ribbons.
West-oMCnglaud Broadcloths, Doeskin and Best French and
American Cassimers, together with a Full Stock of
Kentucky Jeans,
AI.I kF WHICH WILL BE OFFERED AT BOTTOM PRICES..
P. & M. GALLAHER.
11. A.. JBRAIIE,
306 BK< >vVl> STREET,
.AUGUSTA, GEORGIA,
Begs to inform his friends, customers and the public generally that
he has opened a large and elegant stock of FIRST (LASB HOODS, which
he will sell at Reasonable Prices.
All in want of anything in my line will please give me a call.
Goods shown with pleasure.
I woald call particular attention to my large stock of TRIPPLE
PLATED WARE, from the celebrated factory of Reed & Barton.
BUY THU BEST.
TEWETT’S PURE WHITE LEAD AND
f j Jewett’s Pare Linseed Oil, at Wbole
'v, sale and Retail. By
// *IV N\ J. H. ALEXANDER,
II Av \\ TEWETT’S WHITE LEAD is sol.l UN
II IfifA 11 .1 DEK GUARANTEE, subject to any*
\\ w VI If Messrs, John Jewett & Hons have made no
\\ >lr IJ Xl Jl a //other grade or quality of Lead than this
U STRICILY PURE for nearly twenty years.
Vl rnSf // Their hrandis a guarantee on every package
VWVm |V // Buy tlie Best.
FOR WHITENESS AND DURABILITY
an j COVERING CAPACITY, it is excelled
by none ande^U,id by few. Over one hundred tons of this Lead used in Angus
£ linseed
PmiH 118 Material*, t ALEXANDER'S Drug Sl<ir.
J. 31. BUBDELL,
Cotton Factor and Commission Merchant,
No. O Warruu Block, Oa.
advance made and strict attention to all Consignments, and Prompt Remittances.
eep9 d2*Wl
Grange Fire-Proof Warehouse,
80. 6 Mclntosh Street, Augusta, Ga.
The PLANTERS’ UNION AGENCY continues the business of sell in
COTTON AND GRAIN
. • BAGGING and TIES furnished to pstrons.—
Drayage