Newspaper Page Text
Clmmitfe anfr £fntintl.
WEDNESDAY DECEMBER 20. 1876.
HORACE GREELEY.
{From a Poem Keodl7the Unveiling of the
Bust]
That that, has found tgain the source
From which iteelf to a* wae lent;
The Power that, in perpetual eouree,
Mfck*** of the drgt an instrument
Bupreme: the universal Soul;
The curreot infinite and single
W^ m mingle.
What more ie left to keep our hold
I On him who wae so true and strong t
This semblance, raised above the mould
With meet of word sod song,
That men may teach, in aftertime.
Their eons how goodness marked the fear
tote# .„
Of one whose life was made sublime
By service for his brother creatures.
And last, and lordliest, his fame—
A station in the starry line
Of heroes that have left a name
Men conjure with—a place divine,
Since, in tne world's eternal plan,
Divinity itself is given,
To him who lives or dies for Man
And looks within bis soul for Heaven.
| Edmund C. Btedman.
the spibea.
BV PAUL H. HAYHK.
Of all the subtle fires of earth
Which rise in forms of Spring-time flowers.
O, say if aught of purer birth
Is nursed by suns and shower®,
Thau this fair plant whose stem s are bowed
In such little curves of maiden grace,
Veiled in white blossoms like a clond
Of daintiest bridal lace ?
So rare, so soft, its blossoms seem
Half woven of moonshine’s misty bars,
And tremulous as tbe tender gleam
Of the far Southland stars.
Perchance (who knows '<) some virgin bright,
Some loveliest of the Dryad race.
Pours thro' these flowers the kindling light
Of her Arcadian face—
Kor would I marvel overmnch
If from ven pines a wood god came,
And with a bridegroom s lips should tonch
Her wakeuing soul to flame—
While sii revealed at that strange tryst,
In all hor mystic beauty glows.
Lifting the cheek her love bad kissed.
Paled like a bridal rose.
UNCLE JIM'H BAPTIST REVIVAL HYMN.
Sin's rooster's crowed, Ole Mahster s riz,
De nleepin’ time is
Wake up dem lazy liaptiaaia.
Dey's mightily in de gr&ae, grags,
Dey’s mightily in de graea.
Ole Mahster’s blowed de morning horn,
He’s blow ed a powerful bias’;
Oh Haptis', come, come hoe de corn,
’ You's mightily in de grass, Ac.
De Methodis’ team's done hitched; O fool
De day's a breaking fas’;
Gear np that lean ole Baptia mule,
Dey's mightily in de grass, Ac.
De workmen's few and monstrous slow,
De cotton's sheddin fas’;
Whoop, look, jes’ look at the Baptist row,
Hit’s mightiiy in de grass. Ac.
De jaybird squeal to the mocking bird, "Stop l ”
Don’t gimme none o* yo’ ease; .
Better sing one song for de Baptis crop,
Dev’s mightily in de grass, Ac.
An' the ole crow crow: “Don’t work, no, no;’’
I Butde fiel’-lark say, "Yaas, yaw.
Au’ I 'spec you mighty glad,you debblish crow,
Dai de Baptisois’s in de grass ! Ac.
Lord, thunder us np to de plowin’match,
Lord, snpertend’ de hosing fas’;
Yes, Lord, hab mercy on de Baptis’ patch,
Dey’s mightily in de grass, grass,
Dey’s mightily in de grass.
LIFE’S MEASURE.
“He liyeth long who liveth well.”
Bo ran the legend terse and bold;
To keep this truth in mind were well,
For truth is hotter kept than gold.
The one will perish in an hour;
One never dies ; but bright and pure
As Heaven itself, when earthly power
Has passed, forever shall endure.
Not by the years of life is told
The length of life, bnt by the zeal
And kindly works, as growing old.
Men for each other do and feel.
His life is long whose work is well,
And, be his station low or high,
He who the most good works can tell
Lives longest, though he soonest die.
Then, as the ewift-winged moments speed
Freight them with wealth of truth and love,
With garnered sheaves of thought and deed
For the glad harvest home above.
Within the rankling breast of Hate,
Id dewrt ways where no flowers bloom,
In soenes where folly sits in state,
In wan-f aeed Sorrow's house of gloom,
Sow love, and taste its fruitage sweet,
Sow smiles, and see the desert spring,
Sow wisdom for its harvest meet,
Sow sunlight for the joy 'twill bring.
WE LOVE BUT FEW.
Oh yes, we mean all kind words that we say,
To old friends and to new;
let doth this truth grow clearer day by day ;
We love but few.
We love ! we love ! What easy words to say,
And sweet to hear,
When aunriso splendor brightens all the way,
And, far and near,
Are breath of fleers and caroling of birds,
And bells that chime;
Onr hearts are light; we do not weigh our
words
At morning time!
But when the matin-music all is hushed,
And life’s great load
Doth weigh ns down, and thiok with dust
Doth grow the road.
Then do w e say less often that we love,
The words have grown!
With pleading eyes we look to Christ above,
And clasp our own.
Their lives are bound to ours by mighty bands,
No modal strait,
Nor Death himself, with his prevailing hands.
Can separate.
The world is wide aud inauy names are dear,
And friendships true;
Yet do these words read plainer, ye#r by year—
We love but few. •
*• WHEN THE TIDE COMEN IN.”
When tide comes in,
At once the shore and sea begin
Together to bo glad.
What the tide has brought
No man has asked, no man has sought ;
What other tides have had
The deep sand hides sway :
Hie last bit of the wrecks they wrought
Was burned up yesterday.
When the tide goes out,
The shore looks dark and sad with doubt,
The land-marks are all lost.
For the tide to turn
Men patient wait, men restless yearn.
Sweet channels they have crossed,
In boats that rocked with glee,
Stretch now bare stony roads that burn
And lead away from me.
When the tide comes in
In hearts, at cues the hearts begin
Together to be glad.
What the tide has brought
Hiey do not care, they have not sought—
All Joy they ever had
The new joy multiplies ;
All pain by which it may bo brought
Seems paltry sacrifice.
When the tide goes out.
The hearts are wrung with fear aud doubt ;
All the trace of joy seems lost.
Will the tide return ?
In restless Questioning they yearn ;
With stands unclasped, uncrossed,
They weep, on separate ways.
Ah ! darling, shall ere ever learn
Love's tidal hears and days
THE HOWE SEWING MACHINE COM
PANY.
To the Editor of the World :
giß—ln your issue of the 17th ultimo
you published a letter from a special
correspondent in Vermont which con
tained a statement that the Howe Ma
chine Company had issued a circular di
recting its employees to vote the Repub
lican ticket, and threatening a discharge
from employment as a penalty for dis
obedience. Your correspondent’s letter
contained a copy of the eircnlar. It is
dated at Rochester, N. Y., is addressed
to an unnamed personal Rutland, Ft.,
and is signed “George R. Pettibone.”
This description of the eircnlar is suf
ficient to satisfy any one acquainted
with our business that no such docu
ment was issued with the knowledge or
approval of the officers of our company.
Onr principle office is in New York City,
not Rochester. Onr manufactories
I where are the most of onr employees)
are at Bridgeport, Conn., and Peru,
Ind., and not in Rutland, Vt.
We have local agents in every city of
the United States and many in foreign
countries, bnt they are employed by us
to sell sewing machines ana not to influ
ence elections. The extreme improba
bility that one residing in Rochester,
N. Y., should have thought it his duty
to adopt intimidating measures in Ver
mont to help carry that State for Haves
will, we hope, corroborate and empha
size* tbe denial on our part of the writ
ing or sending any shch document.
We ask you to insert onr declaration
that no such circular was issued to onr
kijowl. dge nor with the assent, conni
•vaoue or approval of any of the officers
at *aa corporation.
T* Howe Machine Comp ant,
Jygvr S. Stockwell, Treasurer.
>2B Union Square, December 2,1876.
That langtfid, helpless, sallow com
jilexioned woman must use Dr. J. H.
McLain's Strengthening £ordial and
Blood Purifier. It is exactly wjiat yon
want .to vitalise, purify and ennch yoajr
blood and give you back the bloom of
health again, fir. 3. H. McLean's of*
flee, 314 Chestnut street, St. (Louis, w
STATE SUPREME COURT.
DECISIONS RENDERED NOVEM
BKK 88, 1876.
f Atlanta Constitution.]
Williams, Birnie A Cos. vs. Groover,
Stubbs A Cos. and J. W. Brown, sher
iff. Rule vs. Sheriff, from Fayette.
(Bleckley, J., having been of counsel,
did not preside in this case.)
Warner, C. J.
.This was a rule again -t the sheriff of
Fayette county to distribute money aris
ing from the sale of the property of De-
Vaughn, nnder a mortgage fi. fa, in fa- j
vor of Groover, Stubbs A Cos., against
I eVaugbD. The money in the hands of;
the sheriff, arising from the sale of the
mortgaged property, was claimed by'
Williams, Birnie A Cos., on fi fa. isened j
on a judgment obtained in the District ]
Court of the United States on the 21st;
of March, 1872, in favor of Neal against j
De Vaughn, and which had been trans- j
ferred by assignments to the Citizens !
Bank of Georgia, and by the bank to
Williams, Birnie A Cos. The mortgage
of Groover. Stnbbs A Cos. was dated sth
of May, 1873, and ws of younger date
than the above recited judgment. Groov
er, Stnbbs A Cos. were made parties to
the rule against the sheriff, who alleged |
in his answer that the plaintiff's were not j
entitled to tbe money in his bands on .
their /. fa., because the same had been
levied on property in the town of Jones
boro when the fi. fa. was the property of
the Citizens’Bank of the value of §12,-
000, and which was mortgaged to said
Williams, Birnie & Cos., which mortgage
was of junior date to that of Groover,
Stnbbs A Cos.; that the Citizens’ Bank
had also a mortgage on other property
of DeVaughn, and that when the plain
tiffs took au assignment of the judg
ment from the bank, that they agreed to
release the property covered by the
bank’s mortgage from the lien of that
judgment; that since the plaintiff’s had
obtained the control of said fi. fa.
they had sold one half interest
in it to one Turner, on the express
couditon, and for sufficient considera
tion, that the property in Jonesboro,
covered by the plaintiffs’ mortgage,
should be released from the lien of said
judgment. The plaintiffs traversed
these allegations in the sheriff’s answer,
and the issue thus formed was submit
ted to the jury, who, nnder the charge
of the Court, returned the following
verdict : “ We, the jury, find property
enough released by Williams, Birnie A
Cos. to satisfy fi. fa' in full.” The plain
tiffs, Williams, Birnie & Cos., mad.- a mo
tion for anew trial on the various
grounds therein stated, which was over
ruled by the Court, and the plaintiffs
excepted, on the trial of the issue.
Groover, Stubbs A Cos. read in evidence
a certified copy of a bill in equity filed
by Williams, Birnie A Cos. in the Circuit
Court of the United States against the
Citizens’ Bank and others, in which they
alleged that the Neal fi. fa , bad been
levied on mortgaged property in the
town of Jonesboro, at the instance of
the Citizens’ Bank, as the assignee
thereof, aud also set forth the various
mortgage liens that had been created by
DeVaughn on his property in favor of
different pasties, at different times, and
tbe dates thereof, ail of which were
younger than the Neal judgsaept: that
the Citizens’ Bank had a mortgage lien
on DeVaugbn’s property, though tho
mortgage of Groover, Stubbs A Cos. was
the oldest mortgage lien op the proper
ty of DeVaughn, and that be was en
tirely insolvent. The complainants
prayed for an injunction to restrain the
sale of their mortgaged property in
Jonesboro, and that the Citizens' Bank
might be decreed to resort for the satis
faction of its Neal judgment to the
property of DeVaughn encumbered by
the mortgages thereon in the inverse
order in which the same were created,
so tut that the last encumbered property
should be flrnf, sold in satisfaction of
said judgmeut iien bftt jf the complain
fliitß were uofc entitled to fiia*
tUy prayed that the Citizens’ Batin
might be deforced to transfer the Neal
judgment ho th em on payment of the
full amount thereof, should the
Court iuef constrained tp deny both of
tbe foregoing prayers, then tjie poci
plaluaiits prayed that all the property
encumbered by the respective mortgage
liens should bn decreed to contribute
prorata to the payment of the Neal
judgment lien. It further appears from
the evidence of Col. Hoge, one of the
plaintiff’s counsel, who was introduced
by Groover, Stubb A Cos., that pending
the argument before Judge Erskine on
the application fof the injunction prayed
for, the counsel f r th,e .Citizens’ Bank
stated in that the post the
Court could do would he to compel a j
transfer of the Neal fi. fa. by tjre bank j
on tender of tbe amount due thereon, I
without prejudice to tho payment j
of the bank’s mortgage debt; that the
hank would ppt complain of an order
which would give it the money
due on the fi. fa,, and at f}ip same
time protect the bank’s mort
gage. The Judge then asked if suck
an order could not be made by consent,
and expressed a wish that the case coni*!
take some spell direction. The Judge
retiring to his priyate room for a short
time, the counsel for the bank drew up
an order he was willing tbe iSojjrJ; should
pass, which was read to the Judge wh e d
he returned, who inquired if it was
drawn up agreeable U) both sides ? Col.
MynatHone of the connsc? in the case)
replied that the complainants did not
agree or consent to the order or aDy
thing, but that if the Court thought
proper to make it his judgment, we;
would not make any further argupeut.
The witness further stated that tlie./f. j
fa. was levied upon our hotel property,
sod bad us in a close place,where wo were
willing to submit to tbe best terms tbe
Court would give us. The order of the
Judge, after stating the names of the
parties, was in substance as follows:
“Ordered that the injunction be granted
as prayed for, on condition that ipe
coßioiainants tender to the defendant,
tbe ‘Citizens’ Bank of Georgia, the
amount of rim judgment y/iih'.n ten
days, which tender the defendant siiu.l
be at liberty to accept or refuse. If de
fendant refuses, this injuiwttem uJjB be
absolute until further order, nod 4 4
accepts, it shall signify such flceeptauce
by entering the fact on said fi, fa.
and judgment to the complainant#,
bat with no right or power in the lat
ter to enforce a#r.d judgment and fia, fa.
against the property .covered by the
mortgage given on the ifOtb ffi. Decem
ber, 1873, to the Citizens’ Baty 0?
Qdorgia by M. B. DeVaugbo,
U* the debt secured by said mortgage
shall Love been fully satisfied.” The
sheriff stauw ip his answer to the rule
that at the time bum o/der was granted
iu the plaintiffs’ injuueuv*. bill that
Groover, Stubbs A Cos. were not pmaiep
thereto, iW t present themselves, and
were without notice thereof. There
is no evidence iu tips record before ns
which controverts this part of the sher
iff’s answer. The bank was willing to
make the transfer of the fi. fa. to the
complainants, and they accepted the
same on the terms and conditions, as
stated iu the assignment thereof, which
was made on the 15th of June, 1875, as
appears from the evidence iu the rec
ord. DeVaughn testified that the j
property covered by the mortgage to i
the Citizens' Bank was at the date of:
the mortgage, in 1873, worth eight or
nine thousand dollars,; wotth now
seven or eight thousand. The hotel;
property iu Jonesboro was worth, on 1
the fifth of June, 1875, fifteen |
or sixteen thousand dollars. Col. Hoge j
also testified that as tho attorney for the
plaintiffs, he mode a
nor for cue-half interou
fit who gave his note 1
thus became entitled to tJJJ J
est in it. There was no
twetm Turner and witness Pleas- !
iDg the hotel property in J c -lilßWo from
the lien ot thefi fa., though ft was wit
ness’ intention net to allow said fi fa. to
be levied on that property. Witness j
does rot recollect Omi he ioM Turner
the fi fa. should not be levied on rim j
hotel property, but it was his intention ;
that it should'not be so levied. Witness
agreed with Turner on the faith of his
purchase Dot to claim on thefi fa. toe.
proceeds of the sale of certain property
sold bv Turner under younger fi fas. j
held by him. There was some property ,
of DeVaughn in the town of Jonesboro
levied on and sol 4 nnder jnnior fi fas. in j
favor of Turner, and witness notified ,
the sheriff that plaintiffs claimed the.
fund arising from the sale on the Neal.
fi fa., that fund is still in the sheriff’s
hands; made no agreement with Turner
not to bid for said property, but has pot
put in the fi fa. to claim the moneys did
not attend the sale to make the property
bring its value, but loft that to Turner.
The property levied on by Turner's ju
nior fi fas. was the tan yard and other
realty, perhaps the livery stable lot, the
Key htmse and the store house used as
a restaurant and confectionery store.
The Court charged tbe jury as follows:
“Williams, Bern ie A Cos. bring ? pule
against the sheriff to show cause why he
should not pay over money in bis hands
raised by the sale of the property of M.
B. DeVaughn to the fi. fa. owned and
controlled by them, issued from the
United States District Court lor the
Northern District of Georgia, in favor of
Thomas R. Neal c. W. B. DeVaughn.
The sheriff has answered: Groover,
Stubbs k Cos., other creditors of De-
Yaagbo, also claim tbe wane*. Tn.&F
claim it on a mortgage/, fa. The aeal
fi. fa. is issued on a common law jnag*
ment. William#, Birnie k Go. allege
that the Neal judgment ia older than
Groover, Stnbbs A Co.’s mortgage, and
bad a lien on the land at the time the
mortgage was given. When one man
has a Judgment against another that
judgment binds all the property of the
defendant; real end personal, from the
date of its rendition till it is satisfied.
The issue before you arises in this way:
Groover. Stubbs A Cos. come in and
say that Williams, Birnie A Co.’s fi. fa.
has do lieu on the funds in the sheriff’s
hands. They claim that thisjL fa. ia
extinct or satisfied, for the reason, as
they allege, that certain property sub
ject to that fi. fa. has been released by
Williams, Burnie A Cos. This allega
tion is denied, and this is the issne.
Whether Williams, Birnie A Co.’sjt. fa.
may participate in the fnnd, and to
what extent, whether to the extent of
the whole execution or not. If the
plaintiff in execution, for a valuable
consideration, releases property which
is subject thereto, it is a satisfaction of
such execution to the extent of the
value of the property so released, so
far as purchasers and creditors are
concerned. The burden of proof is on
Groover, Stubbs A Cos. to show in this
case the release of property subject to
be levied on and sold for the satisfac
tion of the Neal fi. fa. If Groover,
Stnbbs A Cos. have Bhown it and there
has been a release, that the lien has
been entirely taken away and diecharged
so that the property could net at any
time be levied od, then yon will find the
issue in favor of Groover, Stnbbs A Cos.
to the extent of the value of the property
so released. Groover, Stubbs A Cos. claim
that tbe property covered by the mort
gage to the Citizens’ Bank has been re
leased, and also certain property in Jones
boro. These are allegations merely, not
evidence and must be sustained by proof,
and the burden ia on Groover, Stubbs A
Cos. to show what property was re
leased, and the value of that property.
You are to ascertain what property
was released, if any, and its value, and
if the release was made, whether for a
valuable consideration, for this is re
quired. A consideration is valid if aDy
benefit accrues to one party to the con
tract or injury to tho other. If there
was such a release then the execution
would be satisfied, its lien extinguished
as to creditors, and it could not claim
I the money in the hands of the sheriff.
If there was no release or agreement,
or o valuable consideration to Wil
liams, Birnie A Cos., then you should
find for them. Williams, Birnie A Cos.,
holding a general judgment against De-
Vaughn, had the right to make their
money out of any property subjeot to
it; to levy on any such property,
whether in tho hands of purchasers,
or covered with mortgages, and to sell
the same. If you believe property has
been released, and to extent of fi. fa.,
and for a valuable consideration, the
form of your verdict will be : We, the
jury, find the issue in favor of Groover,
Stubbs A Cos. And if you find that no
property has been released, then the
form of your verdict will be : We, the
jury, find the issue in favor of Williams,
Birnie A Cos. The 3658th and 3659th sec
tions of the Code declare that ‘lf the
plaintiff in execution, for a valuable con
sideration, releases property whioh is
subject thereto, it is a satisfaction of such
execution to the extent of the value of
the property so released, so far as pur
chasers and creditors are concerned,”
If an execution creditor, having an
older lien on a fund in the hands of the
sheriff or other officer, allows such fund
by his consent to be applied to a younger
fi. fa., it shall be considered an extin
guishment pro tanto of such creditors’
lien, so far as third persons may be con
cerned.” Whether a Court of Equity
will cojppel an older judgment creditor,
when there are junior mortgages upon
distinct parcels of the debtor’s property,
who is insolvent, on a proper oase being
made, to resort in the first instance for
the satisfaction of his judgment by the
debtor in the inverse order of the dates
thereof, or that all the property encum
bered should contribute pro rata to the
payment of tfip oldest judgment lien, it
is not necessary to decide in the view
whioh we have taken of this oase, and
as there are but two Judges presiding,
we do not decide it. The general rule
is, as was held by this Court in Barden
vs. Brady et. al. (37th Geo. Rep. 660)
that where a defendant has sold all his
a plaintiff in execution may
levy on any 01 such property subjeot to
the lien of his judgmeut at his option,
without regard to the order in which the
defendant sold the different portions.
And the same general rule is applica
ble to tfie mortgagees of the defendants’
property subject to the prior lien of the
plaintiffs’judgment. The question which
was nmfin on t(ie trial of tjre issue in the
case now before us was whether the
plaintiffs, Williams, Birnie A Cos., the
assignees of the Neal fi. fa., had released
any of the defendant’s property for a
valuable consideration, or had allowed
funds, arising from the sale of the de
fendant’s property, with their consent,
i,o hp applied to younger fi. fas. against
him, extent ? These ques
tions wefe faiyly gujjpfftted to the jury,
under tfie charge of the poffrt, anff tff ßre
is sufficient evidence iu the record to
support the verdict. It was insisted on
the argument for the plaintiffs in error
that they were entitled to be subroga
ted to all the rights of the Citizens’
Banjk, their assignor of the Neal fi. fa.
Conpefie tpat to %e @p, ftpfl the question
arises, what were the rights ef ‘fbe Citi
zens' Bank as the holders of the Neal
fl.faJ
Assuming that the bank purchased it
to protect its mortgaged property, iu
what manner could it legally have done
so > The only legal mode by whioh it
cohid hare protected its mortgaged prop
erty would ha,vo been fo have levied the
fi. fa. on other property subject thereto,
and bad it satisfied, and not levied it on
iha ffiorimaged property, and if the plain
tiffs, Williapi®. Birnie fjp Cos., had taken
the assignment fropa tffe Citizens’ Bank
pf the fi. fa., just as the ffank held it
under thp assignment from Neal to it,
then they woplff hSF e acquired all the
legal rights to collect it opt Pf any prop
erty of the defendant, which the bank
had under its assignment from Neal.
But the present plaintiffs did not hold
the ft. fa. as the bank held it, they vol
untarily became the assignees of the fi.
fa. with a condition annexed thereto,
that tney yonld not enforce it against
the dejendapts pspwC’ty. on which the
bank held a mortgage, thereby, practi
oaliy releasing that portion of the da
fenfants property from the lien of that
judgment; iff otper the plaintiffs
by kbe terms op whiph yalqntarily
agreed (ip the assignment of the
fi. fa. from tho Pfiow, gut ft opt of their
power to assign it jto Grp o ?**. StSPP 8 A
Cos., with tho BWe legal right jfp poffect
it out of any and WC property
of the defendant subjeot in its }ien
which the bank had, on payment of the
amqpnt due thereon by them. The
Uitizeue' had no legal right, under
the provistPbi Of the before cited,
to release any portibp' oi
property from tho lie of the Nbatl aug
ment which it held, not oven its own
mortgaged property,, to far as Groover,
Styhbs A Cos. and the other mortgage
creditor of pup defendant, DeVaughn,
were concerned; ah'd tfiß Ofp'ff pot hav
ing any such right, it conveyed hcuß by
its assignment of the fi. fa. to Williams,
Bi'nieACo., inasmuch as it could not
convey to ipp assignees any other or
greater legal right to j/ad collect the
fi. fa. than it had at the tjme of tffe as
signment thereof. The benefit which
resulted io the plaintiffs by the assign
ment of the Nealjt, /. by the bank to
them was to enable them to proteet their
own mortgaged property from sale un
der is, which appears to have been done,
and it was a question for them to decide
whether they would accept the assign
men* of tffe fi. fa. on the terms offered
by the bank fffi tb? 1 nurpose or not.
! There is nothing in tfie r orfief of Judge
1 Erskine which would have required the
plaintiffs, Williams, Birnie A Cos., to
) haye accepted the transfer of the fi. fa,
i from the Citizens' Jjanjt, tffe terms and
, conditions stated in tffe ff
i they voluntarily agreed to accept the
j assignment pf fhejf. fa., in oousidera
j tion that the bank would transfer it to
them upon the terms therein stated, and
thus relieve their own mortgaged prop
: erty from sale, then they are bound by
I it, as well as by the legal effect thereof,
, so far as the rights of Groover, Stubbs
i k Cp. and other mortgage creditors of
the dofenuaut are con
cerned. Theye was Pgfifipr the refu
sal of the Court to rule out as evidence
the exemplification of the recorff of
United States Circuit Court berembe
-1 fore referral to, in the case of Wiliams,
1 Birnie A Cos. against Pe^ anghn and the
Citizens’ Bank of Georgia. That exem
plification tended to show a proposition
i for the transferjof the Neal fi. fa. to the
| plaintiffs by the bank, as wel 1 as the in
ducemen* and consideration, for which
the release of the dei’epilant’s property
mortgaged to the bank was agreed to be
made as stated in the assignment of the
£ fa The maip issne submitted
to the jury by fee pfewfings was
whether the plaintiffs had released,
for a valuable consideration, prop
erty of the defendant from the lieu
of their judgment, or allowed funds
arising from the sale of defendant’s
property to be applied to junior/, fas.
with their consent, and to what extent.
Tho jury found, under the evidence and
SS&KJKVK
Birnie A Go. to satisfy the/, fa. in foil.
Verdicts are to have reasonable in
tendment, and are to reoeive a reason
able construction, and are not to be
avoided unless from necessity. Code,
3561. In view of the main issue tried,
as made by the pleadings, the verdiot
of the jury, by recognizing reasonable
jnivpOmpp f, and construction,, may be
easily understood, and tffs
legal judgment be rendered py
the Court. There was no error iff over
ruling the plaintiffs’ motion for anew
trial on the statement of facts disclosed
in the record. Let th# judgment of the
Court below be affirmed.
Macon reorganizes her dancing dob.
THE BROOKLYN CALAMITY.
THE EXTENT OF CHE DISASTER
UNDEREBTI HATED.
Tw Hun#red ud El#ktr-tkree Bodies Re
covered—Over Three Hundred mad Fifty
Live# Probably Loot—The Accounts Given
%y Then* Who Escaped—Two Acton Ament
the Victim*—Scenes end Incidents nt tho
Rnlnsof the Theatre.
[jVeio York Times. \
The Brooklyn Theatre, whioh took
fire at 11:15 o’olock on Tuesday night,
during the performance of the play of
the “Two Orphans,” was burned to the
ground, notwithstanding the efforts of
the entire Fire Department, before day
break yesterday. Fire Marshal Keady,
who has made an exhaustive examination
of the circumstances attending the fire,
is of opinion that at least 350 persons
perished in the flames. At midnight
283 bodies had been dug out of the
ruins, and tha firemen were still engaged
in exhuming tbe victims of the fire.
The wprk will be continued night and
day nntil all the bodies are recovered.
The fire was caused by a drop scene
coming in contact with one of the bor
der lights.
The flames were first seen creeping
aloog one of the “flies” on the left-hand
side of the stage, and in less than two
minutes all of the drapery was in flames,
and forked tongaes of the devonring
element coaid be seen creeping along
through the canvass of which the roof
of the scenic cabin was composed. The
curtain had risen on the last act of the
drama of the “Two Orphans.” Miss
Kate Glaxtou, who was acting the part
of Louise, the blind girl, lay on her pal
let of straw on tbe left hand side of tbe
stage, the scene being the boat house on
the river, the home of La Prochard.
Near her stood Mrs. Mary Anne Farren,
La Prochard ; Mr. J. B. Studley. who
was acting the part of Jacques Proch
ard, and Mr. H. 8. Murdock,
Pierre, the cripple. Miss. Claxton had
already heard it whispered behind the
soenes that the theatre was on fire, but
even though she could see the flames
directly over her, with rare presence of
mind and courage, she went on with the
performance of her part, as did her com
panions, not one of them betraying, by
look or word, the agitation felt by all.
The flames spread rapidly, however, and
when the appalling fact could no loDger
be kept from the audience—for some of
those in the orchestra seats had already
discovered it and were starting up in
their seats—the actors with one accord
moved toward the footlights, and, in be
seeching tones, called upon them, for
God’s sake, to disperse quietly. Some
person in the auditorium shouted that
the theatre was on fire, and the alarming
ery of “Fire ! fire !” was caught up by
those iu the family oircle and the gal
lery, until it was echoed and re-eehoed
from pit to dome. Those of the au
dience who could retain their presence
of mind, in response to the advice of the
aotors, resumed their seats, but it was
only for a few seconds, and then began
an indiscriminate rash for the doors.
The books of the box office show that
there were in the theatre over 1,000 per
sons, 250 of whom were seated in the
orchestra and parquette, 350 in the
dress circle, and 405 in the upper gal
lery. Within three minutes after the
discovery of the fire this mass of human
beings was olambering over the seats and
over each other, in their frantic endeav
ors to reach the exits. The entrances
and corridors to the lower part of the
house, which led ou to Washington
street, are by no means commodious,
but, nevertheless, the orush in them was
small compared with, that at the exit
from the upper gallery. When the
worst beoame known the ushers acted
nobly and endeavored to quiet the ter
rified people, their chief, Mr. Thomas
Roohford, going down to and opening
the door leading out from the audito
rium to Flood’s alley, in the rear of the
theatre. This door afforded a means of
escape for many who might otherwise
have lost their lives, and in a very short
time nearly every person who had been
seated in the lower part of the house
bad reached the street in safety.
A Few Moments of Terrible Suspense.
This, however, was but the beginning
of the end, for black volumes of smoke
began to roll oqtward from the burning
scenery of the stage, almost totally shut
ting off the light of the gas and depriv
ing those in the house, for a few mo
ments at least, of air to breathe. The
scene at this moment was one which
beggars description. The actors had
rushed from the stage to save them
selves, and having managed to escape
the clutches of the flames, met again in
the street in their stage costumes and
congratulated one another. The unfor
tunate aud terrified people iu the dress
circle and gallery were rushing pell-mell
toward the one door which gave egress
from eapfij nfj through wbjoh only two
or three persons oould pass at qnC time.
The house was filled with smoke and
the air was almost stifling. Men shouted
and rudely jostled delicate women in
their efforts to reach the doors; strong
men shed tears and women and boys
screamed with fright, a large number
fainting away and being trampled under
foot by the rushiDg mass. Thus far the
audience had seen very little flame, bnt
the stage entrances and the soene doors
having been opened, a strong current of
air was let into the rear of the building,
which drove the flames out from the
stage inclosure, and as they licked up
everything in their path the whole inte
rior of the building was lighted up with
a lurid glare 1 . Many of the unfortunate
people who had, up to thie time, pre
served their equilibrium, how broke
forth with heartrending cries for help,
which made tpp blood of the listeners
run cold, and moved the most hard
hearted tP tears and sorrow. A few
there were among this mass of terrified
and struggling humanity whose noble
endeavors to prevent their unknown
companions from crushing one another
to death, cannot be too highly com
mended, and who fell suffocated, under
the feet of those whose lives they were
endeavoring to save. The flames roared
and crackled as they rushed upward to
ward tbe dome, and the hot, blinding,
and suffooating smoke poured down
mercilessly bn the poor unfortunates,
whose efforts already‘s'jiowddf signs of
weaken jug.- Al) this, it must be remem
bered, was : only the Work °f f low min
utes, 'and' still the devouring flames
mogjtfffjf' jffgbey' jftiff . higher 'tyfee
alwpe m Rm r.m W flnick succes
sion, and £l)6 epannjeij pmd aJready be
heard newiPg the i’lfiipity fbp gtyepfs
were filled with a throng of excited peo
ple, who ran hither and thither, calling
aloud the names of dear ones whose
voices could not be heard iu answer.
; Many bailees and coatless, their
garmerfts'TiaVMig peeu froin them
by the pushing
Tbe Fire Department on the Ground.
The police of the First Precinct, under
the pf Sergeants Eason and
Cain, were on the ground yitf+ip threp
minutes after the breaking opf of the
fire, and did very effective work in
auieting the fears of the populace. Too
ffmqh pfaiea cannot bp bestowed on
these two Thess gsilaufc en
divested themselves of their outer gar
ments, rnshed into the burning build
ing, and pushing their way on beyond
the main corridor, ascended the stairs
leading to the dress circle, and assisted
a number of persons to escape. On
reaching the top of the staircase, how
ever, the blinding smoke forced them to
retreat. They did not give np the gal
lant fight, however, and returned again,
this time ascending the staif way leading
to the upper galjery, where they found
a mass of people, Sind were compelled to
use their clubs to prevent them from
trampling pop another to death. In
side, meapwlule, the flames made rapid
progress, and had forced their wav
through the roof, whioh had beoome one
sheet of seething flame. The eries of
the doomed auditors for help could no
longer be heard, and the stream of peo
ple that had heretofore poured forth
from the burning building was rapidly
diminishing. An awful hush -fell over
the multitude, for it was well known
that there were still hundreds of people
within the burning structure. These
victims, in there terrible haßte to reach
the street; bfeoame wedged together on a
short tarn in the staircase, and thus pre
vented those behind from escaping.
Frantic in their terror, those in the rear
having more room than those ahead of
them, jostled §nd trampled upon one an
other, and it is thought that Very many
were killed in this way. The yolnme
of flame which issned from the roof and
shot npw*re into tfipaijr rapidly increas
ed, and soon the pntife pppef pt of
the building was pnp liyifl sheet. In
less than twpnty jmnutes after the
sounding of the first alarm the Mansard
roof feel in with a crash, carrying with
’ it to the cellar both the upper gal
lery and the drees circle, with their
freight of human beings. By this time
the entire fire department of the Western
District was on tbe spot and numerous
streams of water were being poured into
the building, 1 and upon the adjoining
houses; to vhiiih'the '°f, * e ?, re 7
men were directed, in the hope that
these, at least, might be saved. Before
the falling of the roof some of the in
mates endeavored to get through the
windows, bnt so far as known, only one
socoeeded, and he jumped to the roof of
the station house. Another, who was
immediately behind him, only succeed
-1 ed in catching hold of the sill
of the window when the smoke
and flame forced him to relax his
hold, and he fell bac* into the burping
oauldron beneath him, to share the fate
of those who had not succeeded in get
ting even so slight a chance of safety.
Soon tne major portion of the Johnson
street or southerly wall fell, crushing
beneath it a brick house and covering
tue street with debris. A few minutes
later the easterly wall fell, aud tbe
Brooklyn Theatre was a heap of smold
ering mins. Some of the three hun
dred unfortunate people who had suffer
ed such a terrible death might even now
have been left in a condition to be re
cognized by their friends, but the gas
burned fiercely, lighting up the scene,
and sending a cloud of white steam into
the air. Hardly an hour had elapsed
from the time of the breaking out of the
fire before the building was totally de
molished, and the flames were under
control Streams of water were kept
pouring upon the ruiDs during the re
mainder of the night, and it was decided
that at daylight the searoh for the
missing ones should commence.
Eihaniai the Bodies—'The Firemen In the
Mmnkina Ruins of the Theatre—Where
Meet of the Dead Were Fnand—Excited
Crowds Around the Building.
A few minutes after four o’clock in the
morning they reached the box office and
found the first body. It was that of a
large woman, and was lying face down
ward. A few hours later, however,
when daylight began to break, all doubt
had vanished and the terrible reality
was revealed. The smoke and steam
were still ascending in dense volumes,
but an occasional puff of wind blew
aside the olouds and the horror-stricken
firemen saw the bodies of the dead who
had fallen through from the gallery
piled up in heaps. Chief Engineer
Nevins aj once assigned a company of
firemen to remove the dead. From the
front entrance on Washington street for
a distance of about thirty feet the floor
remained nnbnrned, and at this point
the work of removing the bodies was
commenced.
The floor, with the exception of the
portion just inside the entrance, had
fallen into tbe cellar, and it was at this
point most of the bodies were found.
The second bend in the stairs, leading
to the top gallery, was immediately over
the corridor. When the gallery gave
way it fell clear into the cellar. In or
der to get ont the bodies it was found
necessary to have a large ladder, the top
of which rested at the entrance of the
corridor, on the ground floor, and the
end on the smoking ruins. The rungs
were hastily covered with boards so as
to make a gangway for the passage of
the undertakers’ men. Midway on this
gangway Chief Nevins stood directing
the operations of his men below. For
hours the firemen worked, down in the
smoking ruins, amid the still burning
beams of the floor and galleries, hidden
from the keen view of those who were
permitted to approach the edge of the
place where the floor had broken
through. A stream of water was kept
constantly playing into the cellar, the
pipe being guided by a firemaD, who,
like his fellows, was hidden from view.
Constantly two or three men, smirched
and blackened from head to foot, would
oome up out of the smoke bearing be
tween them a dark, shapeless mass,
which a few short hours before had been
a human being, full of life and strength.
As the work progressed and the smoke
became less dense, the undertakers’
cases were pushed down along the gang
way, and the bodies placed in them and
decently covered before being taken up.
Many men who anxiously strove, and
even fought, to obtain an entrance,
turned sick when they had looked once
on the ghastly heap of dead. Passing
down into the ruins among the firemen
the sight was completely appalling.
Odc’s powers of thought and speech
were paralyzed. Even the firemen, used
to similar scenes, moved about awe
stricken and silent among the heaps of
dead, palling aside the debris, whenever
possible, with their hands, without re
sorting to the implements of their craft.
In one place the bodies of twenty per
sons, most of them young and of the
male sex, were found closely wedged
together, lying over each other in layers.
They were not much burned, but so
blackened and bruised as to be beyond
recognition.
The Work in the Afternoon and Evening-
Scene# Among the Ruins.
At 3 o’olock, 140 bodies had been tak
en out from the ruius, and the firemen,
who were still working with unabated
vigor, were rapidly disintering others
from the mass of oharred rums. A force
of about twenty-five firemeD, under
command of Chief Engineer Nevins,
was employed in the ruins, and at one
time were working on a mass of corpses
piled upon one another to the height of
at least eight feet. The ruins at this
time presented a ghastly and sickening
spectaele. Where the work of remov
ing the bodies was going on the ruins
were still hot, but not so much as to se
riously interfere with the efforts of the
firemen. This work was most sickening
and horrible. The bodies were found
m almost every conceivable position,
and distorted and blackened almost out
of all resemblance to kunmnity. Most
of them were burned to a crisp, and in
some instances the beads, arms and legs
had been burned off, leaving only the
blackened trunk. In other oases tbe
bodies were found in fragments, and
were taken ont piece by piece. As fast
as they were found, the corpses were
placed in open shells which had been
provided for the purpose, and were each
covered with blankets and hauled up to
the level street or first floor, where they
were pnt in the wagons and conveyed to
the Morgne.
Scenes nt the City Morgue—Thousands of
Persons Yie'cring the Charred Remains —The
Work of Identifying the Bodies*
As the bodies were taken from the
rains of the burned theatre, they were
pluced in undertakers’ wagons amf am
bulances sept from the Cjty Hospital,
and conveyed to the City Morgne on
Raymond and Willoughby streets, about
6 o'clock, when Patrick Maguire, the
keeper, received them, and they were
placed in ooffin-like boxes, kept for the
reception of the hospital dead.
The crowds at the Morgue filled up
the passage on Willoughby street early
in the morning, and as the day passed
they thronged about the windows on
each side of the building, through which
they could see the bodies lying within
on the floor. The throng was orderly,
but morbidly eager to feast their eyes
upon the revolting spectacle they had
come to see. Women oarne a@ well a
men, and little children amobg
crowd! drawn’ along’ fly a terrible fasei-,
nation which they could nof resist. The'
sight in the first apartment on the right
of the eptrance, thtopgh Whi oh tl)e en
tire broyd were’ cpmPPe4 fo pass, fas a
horeible ppp tp contemplate. Strong
men, patching a glimpse pf the mass of
oindera and distorted bodice through
the doorway, hesitated at the fearful
sight before entering, while women
and girls who had come to find brothers
or fathers in the charred heap, shud
dered with terror or wept with bitter
ness, iFUtij many of them were unable
to so far 'fcoaiffiaod their ieeljngp as to
be ablr in *0 on with their Wftrch.
On the floor of the first apartment
lay twenty-two bodies. All were
black apd crisp, theif cjotljing hanging
in broken qipders i)PS n “ mL>s -
Here and there were forms thaf showed
gleaming spots of white flesh through
the brpkpn clothing, bgt thg greater
part of tnem were entirely black. All
showed how terrible had been the strug
gle for life, and there was a uniformity
of attitude—the arms and feet drawn
up—that indicated that each and every
victim had made a desperate effort to
save himself from the flames. Here
was a body with arms outstretched
above the head, the hands burned off,
and the bony stumps showing the bleed
ing sinews beneath the crusted edge ;
there was a body burned to the raw, a
few rags oply rem a ‘ D tof? °f fchp clothing
that bad coyered it; here was a
body black from head to the shortened
legs, with an eye fiery red protruding
from its socket. Many of the poor fel
lows had been exposed to the full fury
of the flames, and their remains were
headless and legless stumps, destroyed
past all recognition. In the room on the
east side of the building, where there
are flats for the dead from the hospitals
or those found drowned, the floor was
oovered bo thickly with bodies that all
who passed through it were obliged to
step carefully over the corpses, while
the marble pavement was strewn with
ashes upon which none oould avoid
treading. In this room there were thirty
or morb bodies. In the back room
there were ten or fifteen bodies huddled
closely together or placed in separate
boxes.
In a smell room at the rear wpre plac
ed several of the botjjes recognized, but
when the identifications reached twelve
the apartment was filled, and no more
conld be received. From this mass of
bqrnpd benpe and flesh arose a steam
ing, sickening odor. The signs by which
identifications were made possible were
very slight in a majority of cases. One
man lay with his blackened hand thrown
out, exposing the little finger, upon
which was a gold ring with a female
head carved in cameo; another man
wore a watch chain that was familiar to
his friends, and leff to his identification,
while others were known hy : the 1 boots,
shoes, of clothing they ifore %t the time
of the disaster.
THE STATEMENT OF KATE CLAX
TON, THE ACTRESS,
She Gives A nether lllute it of the Terrible
Cetastrephe—A Remarkable Coincideaee
la the Lines er the Play—Haw the Actors
aad Actresses Behaved.
Besides the statement of Mias Kate
Claxton telegraphed last’ pight, that
lady’ hga made another and a fuller one,
which gives her experience in th’e terri
ble tragedy with more vividness. She
says:
I parted from my agent at the foot of
the stairs, and, bidding him good night,
walked up stairs to lie down upon my
pallet of straw and begin the fifth act of
the play. I had no sooner assumed my
position than I heard noises as if the
ceiling of the theatre was falling. I was
completely shut in above and on all
sides by the canvas representing the in
terior of Froohard’s hovel, and conld
not see what the noise was produced by.
I thought to myself “What is the mat
ter ?” bat I had no time to give it
thought before the curtain ascended
and my attention was required for the
business of the play. Mr. Thorpe,
stage manager of the theatre, standing
some place behind, oried “ Hush !” in a
low and excited tone. Almost instantly
Miss Cleaves knelt down inside of the
wings beside my head, for I was lying
upon the extreme right of the stage. In
a thrilling whisper she said, “Save your
self, for God’s sake! I am running
now.” Lying on my back I looked up,
and through the canvas roof over my
head saw little tongues of fire protrud
ing and heard a crackling noise. It
must have been in flames before the
curtain went up and making headway
all the time while Mr. Murdoch, who
played Pierre, was bending over me,
speaking the opening words of the act
—“So young, so lovely and yet so hard
a fate. Jacques suspects ; he watches
me. If Ido anything to assist her
escape he will discover it and kill me.”
Mr. Murdoch went right on after the
fire was perceived and finished that
speech, expecting every minute that the
audience would discover the fire. It was
while he was so speaking that Miss
Cleaves gave me the alarm. 1 think at
this time the greater part of the com
pany saw the headway the fire was mak
ing and made their escape. Mr. Mur
doch—
“Oh !” abruptly exclaimed Miss Clax
ton, clasping her hands until the blood
almost spurted from the ends of her fin
gers and tears filled her eyes.
‘-Murdoch is Gone ; God Help Hiiu Poor
Boy
Regaining ber composure after a min
ute, Miss Claxton continued : “Mr.
Murdoch went up to the door, and pro
ceeded calmly with his lines, ‘I have be
gun my work and I will finish it.’ Mrs.
Farren then came on the stage as Fro
chard. The flames at this time were
plainly risible. Mr. Studley came on a
few speeches later, and be must have ac
tually passed through the fire in making
his entrance. I think the predominat
ing idea in the minds of all four of us
was, that if we interrupted the play the
audience would become frightened, and
that a panic worse in its effects than the
fire itself would ensue. I thought the
curtain might be lowered to shut out
the fire from them if we continued the
play. Mrs. Farren came over to me,
and, repressing her excitement, began
to make my toilet as Louise. She whis
pered in my ear, ‘the fire is gaining,’
and then moved back and went on with
her business. As she completed my
toilet I looked up and saw that the
whole audience had perceived the
flames. They came from the
hack of the stage. The scenery
behind had burned first, ana there was
no way of getting at the outer door
at all even then. Mrs. Farren stepped
up the stage; Mr. Studley pulled me
over roughly, and exclaimed, ‘I will beg
no more. ’ That was the last word spo
ken iu the play. Then the flames had
made such headway that we all felt it
was a matter of life and death. We
were enclosed on all sides by roaring
flames and dense smoke rolled over our
heads. Mr. Studley stepped forward
and said to the audience, 'The play will
go on and the fire will be put out. Be
quiet; get bnck into your seats.’ I said
something myself. ‘The passage is clear;
get down; we are between you and the
fire. Mr. Murdoch,” said Miss Claxton,
tenderly; “had been very ill during the
night, scarcely able to go on with the
play, and at this time having left the
stage was probably in his dressing room
taking a smoke. Our idea in speaking
to the audience was that some of them
might think it easier to climb upon the
stage and get out through the back door
than to go through the front of the
house. We cried out to them contin
ually, ‘The front passage is clear; go
back and you’ll all be saved.’ When I
called out many bravo women sat down,
and that surely pulled the men into
their places. One woman in the front
of the orchestra got up and said, ‘You’re
right, Miss Claxton.’ The musicians
acted nobly. I think they all sat still in
their seats, because I saw some of them
looking at me, you know. The man in
the end of the orchestra looked at me
the whole time—he was a trombone
player, I think—he looked at me and
gritted teeth as he turned to survey the
panic-stricken audience. At this time
all the scenery had shrivelled into tin
der. It was canvass, you know.” Here
Miss Claxton wrung her hands and com
pressed her lips with an absent look as
though she was mentally surveying the
terrible scene. She replied, “The beams
were falling on all sides of us.
We Were in a Perfect Rain of Fire.
I looked up, turning half around and
saw a bright blaze of fire shooting out
over our head towards the audience. It
was like a transformation scene in a
spectacle, you know. Then I caught Mr.
Murdoch by the arm and said to him,
‘Come, it is foolhardy to wait any long
er; let us go.’ But he pulled away from
me in a dazed sort of a way and went
toward his dressing room, which was by
that time almost burned. He mast have
actually rushed into the flames. I made
my way rapidly dowD the little flight of
seven steps which les frorp thp stage to
the A yel of the rooms and
knoißVfi loudly at the door of that occu-
Maud Harrison, who was pick
ing some of her wardrobe. The back
entrance was by this time a perfect hell
of fire. Misa Harrison, on my call,
rushed and darted by me
into a passage which
led the floor to tiie
box the House. No
such theatres. It
w.is and( when the
he a t
- C. JHA'' 1 ,n -sni'er.
jjlP i' V v-wMI •> tin lr>i f t,
”' u
Hb f 1 ‘ ■ 1 i
. afp It u its
ir
kept
is I reach or
stood still ana I I
1 "
Struggling through 1 he
We hare
Hash, but it seemed to m<vH
side the boz With
of despair we burnt the door
the struggling throng, and
were in thiermidst.” Miss
trat.ed with thriHUm dramatic St* t
manpef wUmh m
under the arias and over the
the strong men who struggled
path to the entrance. The
produced upon her by stepping
dead bodies was so great that she*as
not yet recovered from the shock. Miss
Claxton made her way into the station- j
house adjoining tha purmaff' theatre,
clad only in tbfr rags of Louise. A gen
tleman there sent for a carriage to take
her home, but upon its arrival it was
devoted to the use of two of the half
suffocated viotims, who were even then
being carried otit. She then threw 07er
her the coas of gentjewmCi who was
a stringer to her, and, b y
him, ran rapidly in her scanty garments
to her home at the Pierrepont House,
All Of the lady’s war dr f) he w destroy
ed; but sjre tfl have no thought
of that m her sorrow for the victims of
tire calamity and their bereaved friends.
IMMIGRATION •
How to Get Foreign Immigrant* to Georgia.
[From Chronicle and. Sentinel, 1873.]
I notice in your issue of the JSth in
stant, an article from Mr. H. W. 8.,
headed “4 Convention of Landholders
Heeded.” This will be a half measure,
and conld not accomplish mnch good ;
what is really needed in addition to the
landholders are the capitalists. The
real estate owners and the merchants in
the cities and villages are equally inter
ested in the organisation of & successful
immigration society, Hot only will the
imqugranta develop the wonderful re
sources of the State of Georgia, but they
will be a powerful agent to establish di
rect trade with Europe, Our legislators
cannot do enough to promote success
folly those two enterprises; the citizens
of the State must help themselves by
placing their shouldiers to the wheel.
Sometime ago, in one of your issues,
you gave a list of cities
situated in the State of Georgia who
have a populafiqn of oyer thousand
inhabitants each. The total population
pi these twenty-four cities is only 125,-
£34, This speaks rather bad for the
Empire State of the South. It is out of
question to pretend to establish an im
migrant society and direct trade with
Earope with a nut-shell. It will require
both money and land.
I have made the calculation that if the
inhabitants of these twenty-four cities
are willing to subscribe 'in mohey to the
capital stock of an ifiimigraut society
according to their population, <me mil
lion dollars could be raised and by capi
talising the land—that is to say, mak
ing the stock subscribable in land as well
as in money—a society could be estab
lished with a capital of five millions of
dollars. The establishment of such a
company in the State of Georgia will
have a tremendous moral effect in Ea
rope. To induce a large immigration to
support steamship lines, requires a com
pany able to locate a large number of
families of immigrants. Such a compa
ny as I propose will have the capacity
of locating one thousand families every
week.
There is no investment more safe, and
the subscribers to the stock will receive
a dividend sooner and larger than the
subscribers to the stook of any railroad
enterprise. The subscribers in land will
participate in the profits equally with
the subscribers in money. At the prop
er time it will be the business of the
Directors to calculate at what advance
the land should be sold to the immi
grants to oover the expenses of the com
pany, and give a dividend to the stock
holders. Ido not see any necessity to
give away land to the immigrants; if the
company sell it cheap te them and gives
them time enough to pay for it with the
produce of their labor, they will be sat
isfied; it is of the utmost importance to
treat them kindly and honestly.
No. shares at Capital
Depot. Population. SIOO each, subscribed.
1. Savannah 28.235 2,250 $225,000
2. Atlanta 21.789 1,750 175,000
8. Augusta 15,389 1.200 120,000
i. Macon 12,314 985 98,500
5. Columbus 7,400 600 60.000
6. Athens 4,251 340 34,000
7. Griffin 3.421 275 27,500
8. Ameliens 2 859 250 25,000
9. Milledgeville. 2,759 220 22,000
10. Borne 2.748 220 22.000
11. Brunswick ... 2,348 185 18,500
12. Cartersville... 2 282 175 17,000
13. Albany 2,101 170 17.000
14. LaGrange. .. 2,053 165 16 500
15. Newnan 1.917 160 15,000
16. Marietta 1,888 150 15,000
17. Dalton 1,809 140 14,000
18. Thomas ville.. 1,657 130 13,000
19. Washington.. 1,606 125 12,500
20. Forsyth 1,510 192 12,000
21. West Point... 1,405 115 11,500
22. Bainbridge. . 1,351 100 10,000
23. Fort Valley... 1,333 100 10,000
24. Gainesville... 1,058 85 8 500
125,824 10,000 1,000,000
About $7 89 for each inhabitant.
F. A. Mauob
AUGUSTA AND HARTWELL RAILROAD.
Appointment of Committee*.
At the last meeting of the Augusta
and Hartwell Railroad Committee the
following resolution was offered by Maj.
G. T. Barnes :
Resolved, That the Chairman of this
meeting be authorized to appoint a com
mittee to be composed ot five citizens
from each of the counties through which
the proposed Greeuwood route would
ruu in South Carolina, and through
whioli the Augusta and Hartwell Bail
road as projected under existing acts of
the Legislature of Georgia would run in
this State, and that the committee so
constituted be announced through the
public press, and be requested to meet
in Augusta on Friday previous to the
assembling of the Georgia Legislature,
at the City Hall, at 9, a. m., to oonsider
the various proposed schemes for a rail
road connection between Augusta and
the West via Knoxville, or other
similar connections, and the prepara
tion, if they should deem necessary, of
a bill seeking from the next session of
the Legislature of Georgia a charter to
carry out such proposed railroad con
nection.
And in accordance with this resolu
tion the Chairman, Mr. F. B. Phinizy,
has appointed the following oommit-
Elbert County : W. H. Mattox,
Chairman; S. C. Clark, John T. MoCar
ty, James A. Clark, D. P. Oglesby, J.
H, Jones.
Hart County : J. P. Croft, Chairman;
J. B. Benson, Lee Linder, B. E. Belch
er, (J. W. Seidel, J. H. MoMullau.
Biohmond County : Geo. T. Barnes,
Chairman; John M. Clark, L. J. Miller,
E. H. May, W. T. Wheless.
Lincoln County: Eli Lockhart, Chair
man; F. Shenault, O. R. Strother, H.
J. Lang, Thomas R. Bemsen, N. A.
Crawford, Robert W. Davis, N. D. Bus
sey, J. L. Wilkes.
Columbia County: Hon. S. C. Lam
kin, Chairman; J. Prestun Williams, F.
E. Eve, Phocean Ramsay, M. J. Branch.
McDuffie County: John E. Benton,
Chairman; T. A. Scott, J. B, Neal, Jes
se J. Morris, W. A. Sturgis.
Habersham County: G. N. Nether
land, Chairman; O. M. Doyle, Hon. J.
N. Freeman, Captain Ramdess, C. K.
Jarrett.
Franklin County: Y. D. Yaw, Chair
man; M. T. Crump, Frank Wiliis, Hon.
Rabun County: M. Ficannon, Chair
man; John Watts, Sr., H. W. Cannon,
Jesse Lovell, John L. Gosland.
Abbeville County: Gen. P. H. Brad
ley, Chairman; W. K. Blake, Dr. J. H.
Pressley, John T. Parks, Dr. M. C. Tog
gart, Dr. James D. Neal.
Edgefield County: George J. Shep
perd, Chairman; James Oallison, Dr.
Jos. Jennings, M. L. Parks, J. M. Dorn.
Laurens County: Colonel James Far
row, Chairman; H. F. Carter, Reuben
Martin, Dr. John A. Barksdale, T. B.
Crews.
Spartanburg County: Colonel H.
Evans, Chairman; Dr. Benjamin Wof
ford, Jesse LatherwooJ, Iff. p. Comp
ton, John A. Lee, Colonel Joseph Math
er.
Anderson County: James A. Hoyt,
Chairman; M. S. Sharp, B. F. Crayton,
A. M. Holland, F. E. Harrison,
Oconee County: I). Rierman, Chair
man; C. L, Reid, M. W. Coleman, J. J.
Norton, Dr. jfi. 8, James.
VEGETINE
PURIFIES THE BLOOD,
Renovates and Invigorates the
Whole System.
ITS MEDICAL PROPERTIES ARE
ALTERATIVE, TONIC, SOLVENT
AND DIURETIC.
VEGETINE is gjado exclusively from the
juices of carefully selected barks, roots and
herb?, so strongly concentrated that it
Will effectually eradicate from the system
every taint of Scrofula, bcrofnlous Hu
mor, Tumors, Cancer j Cancel ous Hu
mor, Erysipelas. Salt Syphi
litic Diseases, Canker* Faintness at
the Stomach* and all diseases that arise
from impure blood. Sciatica, Inflamma
tory a,nd Chronic Rheumatism, Neu
ralgia, Clout and Spinal Complaints,
can only he effectually cured through the
blood.
For Uloers and Eruptive Diseases of
the Shiny Pustules, Pimples, Blotches,
Boils, Tetter, Scald-head and Ring
worm, VEGETiNE has never failed to efftet
a permanent cure.
For Pains In the Back, Kidney Com
plaints, Dropsy, Female Weakness,
Leucori hoea, arising from internal ulcera
tion, and uterine diseases and General De
bility, VEGETINE acts directly upon the
causes of tnese complaints. It invigorates and
I strengthens the whole system, acts upon the
seer: tive organs, allays inflammation, cures
ulceration apjd regulates the bowels.
For pjftarrh, Dyspepsia, Habitual
Cris*rveness, Palpitation of the Heart,
Headache, Piles, Nervousness and
General Prostration of the Nervous
System, no mediotne has given such per
[feet satisfaction as the VEGETINE. It purifies
[the blood, cleanses all the organs, and pos
[sesses a controlling power over the nervous
system.
i The remarkable cures effsai<ii| ly YIfiGE
TINE have induced psysmiaus and apo
thecaries whom we kn j,w id prescribe and use
it jg their own lemifie*.
in fait, VEGETINE is the best remedy yet
discovered for the above diseases, and is the
only reliable BLOOD PURIFIER yet
placed before the pnblio.
THE BEST EYipEIfCE,
The following latter from Bey. E. S. Best,
Pastor of ig.'E. Church, Natick* Mass., will be
read with interest by m*oy physicians. Also,
those suffering from the same disease as af
flicted the son of the Rev. E. S. Beat. No per
son can doubt this testimony, as there is no
donbt about the curative powers of VEGE
TINE :
Nano*, Mass., January 1, 1874.
Mr. H. R. Stkvzss : Dear Sir—We have good
reason for regarding your VEGETINE a medi
cine of the greatest value. We feel assured
that it has been the means of saving our eon’s
life. He is now seventeen years of age; for
the last two years he has suffered from neuro
sis of his leg, caused by affection,
and was so far reduced that nearly all who saw
him thought his reeftvery 'impoeaible. A ooun
cil of &biu physicians eould give us but the
fainteafhope of hi* ever rallying, two of the
number declaring that he was beyond the
reach of human remedies, that even amputa
tion conld not save him, as he had not vigor
enough to endure the operation. Jnst then we
commenced giving him VEGETINE, apd from
that time to the present he has b*@n continu
ously improving. Ha fia* Jataly resumed hi*
studies, throwfi his crutches and cane,
and walks abflUt cheerfully and strong.
Though there is still some discharge from
the opening where the limb was lanced, we
have the fullest confidence that In a little time
he will be perfeotly eared.
He has taken about three dozen bottles of
VEGETINE, but lately uses but little, as he
declares that he is too well to be taking medi
cine. Respectfullyyours, E. S. Best.
Mbs. L. C. F. Bust.
ALL DISEASES Q? THE RLOOD.
If VEGETINE will relieve pain, cleanse, pu
rify and cure such diseases, restoring the pa
tient to perfect health after trying different
physicians, many remedies, suffering for years,
is it not conclusive proof, if yon are a sufferer,
yon can be cured ? Why la this medicine per
forming such great cures ? It works in the
blood, m the circulating fluid ? It can truly be
called the GBEAT BLOOD PURIFIER. The
great source of disease originates in the blood,
and no medicine that does not act directly up
on it, to purify and renovate, has any just
claim upon public attention.
Recommend it
South Bosxojj, February 7, 1870.
Mb. Stevzhet: D,ear Sir—l have taken seve
ral bottles of-your VEGETINE, and am OQQ
vinced ft is a valuable remedy fw Dr*pepia,
Kidney Complaint, and general debility of the
BYBt6QL
J c*n hewttfy recommend it to all suffering
from the above complaints. Yours, respect
fully, Mbs. Monbov. Pabkxb,
388 Athena Street.
Prepared by H. B. STEVENS, Boston,
Man.
Vegetine Is Sl4 by All Dragftets.
novlS—wlm
IN e w Advcriisc ••• eats.
2,500 YARDS
—OF-
Dress Goods, Which are a Lillie Soiled From Handling, Marked
Down Regardless or Cost*
THESE goods have recently been sold from 50 oenta to $1 per yard. But aa we are determin
ed to clo<?6 them out between uow and the time of our taking stook, on the Ist of January
we have MARKED THEM DOWN to the extreme low price of 25 cents.
“This is no humbug. Remember, the first who comes has the choice of selection."
MPLLARKY BROTHKRS, 262 Broad Street.
Black Silks Cheaper Than Ever
5 PIECES heavy GKOS GRAIN at $1 50, good value for $2.
5 pieces heavy GUOS GRAIN at $2, never purchased before for less than $2 50.
6 pieces extra heavy GUOS GRAIN at $2 50, the likes of which have never been sold for leas
than $3 50.
MPLMRKF BROTHERS, 262 Broad Btreet.
CTriAKft
THE largest and best assortment of new and fashionable CLOAKS ever offered in th'B city
have just been received and will be sold at astonishing low prices by
MULLARKY BROTHERS, 262 Broad Street.
dtw&w *
THIS WEEK,
GO TO
Christopher Gray 4 Cos.,
FOR
New Black Dress Goods. For New Single and Doable Colored
Cashmeres. For Cheap Floe Bed Blaukets. For Germaatowu
Quilts, very low. For Extra Large Wool Vests for ladies and gen*
tleuen. For Cassimers and Kentucky Jeans. For Hosiery, Car
dinal Hosiery. For New Calicoes and New Cambrics. For Table
Linens. Money can be saved by buy! ig from
Christopher Gray & Cos.
dec3-tf _
An Immense Auction Sale.
$1,500,000 WORTH OF DRV~GOODS~SOLD IN FOUR HOURS !
The Leaders of Prices,
J. B. WHITE & CO.,
LIMITKD. *
GLORIOUS BARGAINS for the People, Terrifio Panio and Everlasting Tumble in Dry
Goods: the Auction Rooms of New York overloaded every weok smashing up. SPLEN
DID CHANGE FOR REAL CHEAP BARGAINS from our buyer in New York City attending
every Auction Sales. Every failure, by his ,couueotiou with the Sheriff, the Assignee and the
United States Marshal, we are able to offer bargains heretofore unkown to the people, and
which will attract the masses from every quarter, embracing many Rioh and Costly Goods
thrown away to meet the dreadful emergencies of this terrifio politioal storm.
READ THE STORY--EVERYTHING THE BEST
100 sets Children’s Furs at sl, $1 25 and $1 60.
500 sets Ladies' Furs at $1 7b, $2, $2 50, and up to $35 a set.
300 large Shawls at 200, each.
500 large Shawls at 500 and 760 each.
20 yards American Cambric for sl.
1,000 dozen Children’s Striped Merino Hose at 5c per pair.
50 pieces Elegant black Alpaca at 250 to 40c—Goods always sold for 46* and 75c.
25 pieces Carpeting at 180.
100 dozen Towels at 6|o each.
20 pieoes Colored Silk at 75c per yard.
800 pieces Lonsdale Shirting at 94c.
50 dozen Ladies’ Undervests at 650, worth $1 25.
250 pairs Blankets, slightly soiled, in 10-4 and 11-4, at $2 40 and $2 50 a pair.
50 pieoes Canton Flannel at Bc, 9c and 10c.
700 Sets Furs, from $1 to $35.
250 Beautiful Cloaks at & sacrifice.
800 dozen Felt and Chivot Shirts from 35c to sl.
600 pieoes Cassimeres and Jeans will be cleared out regardless of value.
Ribbed Cassimere and Wool Jeans at 25c and 35c per yard, worth 500 and 660.
20 pieces Brown 'fable Daraaik at 250 per yard.
20 pieces Black French Cashmere, all Wool, at 65c.
10 pieces Black French Cashmere, all Wool, something elegant, at 90c and sl.
300 American Shawls at 50c each.
100 AAA American Shawls at 25c each.
200 pieces Red and White Flannel at 20 to 35c.
5 Beautiful Paisley Shawls must be cleared.
We believe in selling cheap Goods and buying from forced sales, where
Goods scarcely ever bring 50c. on the sl, Thus enabling us to offer
Goods to the people &t much less than the slow coaches and regular old
fogies can buy them.
100 dozen Spool Silk, 20 yards, for lc each.
500 dozen Best Black Spool Silk, 100 yards, 4 for 25e.
500 dozen Ladies’ White Cptton Hese at 10c.
300 dozen India Ties at lc each.-
5,000 Ladies' Linen Collars at lc each.
60 dozen Hip Gore Corsets at 26c each.
100 dozen Corsets something vary good. 60c: p inß 2 c a paper; Needles. 2Jo a |*apei; Hair
Pira 'l“ a PPer;:Hair Brushes, me; Blacking, 2 ]c a box; Handkerchiefs, 3c t -h.
300 dozen Two-Button Kid Gloves at 0 0 0 & pair
Tl.e Celebrated Harris Glove, *1 50 and $2.
100 dozen Best shirts ma( j e at $1 each.
200 dozen Finished Laudred Shirts at 50o.; 100 pieces Sheeting 10-4 aud 11-4 at 180, 200
and 250 a yard, bg nght at Stewart’s big forced sale.
. . i® 18 *ur baitle ground, and from these ramparts we invite and defy opposition, compe
ution an( j monopoly, and we oall upon the people to examine matchless Goooas and matchless
prices. Submitted to the people by the manager of
J.-B. WHITE & CO., Limited.
deolO-sutn&w
LOOK OTJT THIS WEEK
AT THE
Old Fredericksburg Store,
CORNER RY THE PLANTERS’ HOTEL
Largest Stock of Dry Goods in the City—Everything < heap I
'VTO OLD SECOND-HAND STUFF BOUGHT OF UNITED STATES MARSHALS, or at BEO
XN OND-HAND AUCTI >NS. But every article selected with care aud with a regard to the
wants of our Customers, and which we can sell as LOW or LOWER than those who are de
pendent upon United Stateß Marshals and Becoud-Haud Auctions for their stock ; but that is
the way to make money—buy old stuff and sell it at a largo profit, and you will get rioh fast.
Remember, you can get Good Goods at the Fredericksburg Store at as Low Prices as you can
get second-hand goods kept by some bouses, which they buy at cheap auctions aud from
United States Marshals, and on which they double their mouey.
Just received, Beautiful Cambric Dresses, containing 16 yards, for sl, or 6fo. per yard. It
is astonishing how cheap they can be made.
Good 10-4 Sheeting at 20 and 250.; the belter grades at manufacturers’ prices. Good Large
Blankets at $1 26; up to large KJ-4 do. at $2 and $2 50, and not damaged ; ele.ant and better
goods, prices in proportion.
Towels from 6]c. up to the best ; Gents’ aud Ladies’ Undervests from 850. up: Canton:
Flannels from 80. to 25c.
The best line Ladies’ and Children’s Cloaks in the city, from the Sleeveless Jacket up to-
Velvet, at S3O aDd S4O each; Furs for Ladies aud Children, frem $1 per set up to Choice and'
Beautiful Goods.
Ladies' Ribbed Hose at 10c. per pair; Ladies’ Balbrigg&u ditto at 12]., and up to the best
goods made; Gents’ Striped Hose at 10c. per pair: Good English do. of every quality We have,
some as low as 6]c. per pair. Beautiful Shoulder Shawls from 25c. up to the best' heaviest and
largest Shawls made; Flannels from 12]c., up to the finest Silk Warp.
We have the best stock of Kentucky Jeans. Kerseys, Unsays, Tweeds and Cassimeres ever
seen in this city, and at the lowest possible prices.
Our stock of Dress Goods cannot be surpassed by any house in the South.
In Black Alpacas, Bombazines, Cashmeres and other Black Goods, we keep the best makes,
and goods that we can recommend. No rusty blaoks and trashy stuff from auction, upon which
we could double our money if we choose to keep them. We always have a large stock of Blaok
and Fancy Silks, at the lowest prices.
We keep every variety of Notions, Laces, Handkerchiefs, Ribbons, Ac., <4o. Some of these
goods we sell at prioes never heard of before this season. Such as Roll Tape at 2c.; 3 papers
Fins forgo.; 144 Shirt Buttons for 3c.; Gents’Hemmed Handkerchiefs at 100 ; 2 spools (200
yards) Spool Cotton for 5c.; Pencils, lc.; Envelopes, sc. per pack; Good Note Paper at sc. per
quire; Hooks aud Eyes. lc. per card; Pocket Books, 10c.; Ladies' and Children's Elastic Gar
ters at So. per pair. And so on we might go on enumerating; but for the largest stock of Dry
Goods in tne city to select from, and at the Lowest Price*, come to the Old Fredericksburg
Store.
We sell to Merchants at New York Prices, aud many articl4s less; and ask thorn to give us<
a look. Wholesale Rooms, on second, third and fourth floors. We send samples when re
quested.
V RICHARDS & BRO.,
CORNER BY THE PLANTERS’ HOTEL..
declO-tf
GREAT EXCITEMENT
MIDI 01 Hi LOOKOUT!
CHRISTMAS ALMOST HER E
CHRISTMAS PRESENTSALL THE GO
THE PLACE TO "GET THEM,
L. RICHARDS’
AUGUSTA DRY GOODS STORE.
WHERE YOU WILL FIND THE MOST MAGNIFICENT STOCK OF DRY GOODS AND
Notions in the city. Dress Goo4s oi every description—from the finest *° f l i
in all the new colors. Black Goc4a—in Crape, Cloths, Bombazines, Henriettas, Gashmers ana
Alpacas, from the finest tft the lowest prioes. Calicoes—bent makes, from 8 cents to 5 cents a
yard. Miscellaneous—Furs from fine to $2 a set. Cloaks from fine to $2 each. Hhawls from
fine to 25 cents each. Ladi s’ Neokties, a great variety, from the finest to beautiful, all siik, at
25 ceuts each. Belts of every kind, from the finest Zone belt to 10 cents each. Handkerchiefs
—Embroidered, Silk, Hemstitch, from the finest to the lowest prices. Gents Neckties, Bo s
and Scarfs, the newest styles and colors. Gents’ Handkerchiefs in linen and silk, from the old
Bandana to the cheapest. Gloves for Gents, Ladies and Children—a great vanetjr. Gents
Cotton Flannel Drawers of the best material, made in a superior manner. Gents Mer
and Drawers from fine to 50 cents each. Ladies’ and Mis=es Merino Unde ryes ts and Panta etta
from fine to 50 cents each. Doylies and Napkins, Rom floe to 60 cents a lowels rom
fine to 6] cents each. Table Damask fivffi fine to lower grades. Turkey Bed Damaek a supe
rior article for $1 a yar I. Turkey Bed Table Cloths, beautiful designs, all sizes. Piano Cov
ers, beautifully embroidered, *ll colors. Bed Spreads from fine ‘ Cottoi
Bed Blankets from the £mest to the lower grades. Flannels, all kinds a P' j
Flannels, from the one English to 10 cents a yard. Cloths-Casaimers,
The Fredericksburg Cassimers, all at the lowest prices. Ihe Wonok P ... and
Preparation, Extracts, Colognes, Florida Water, *., etc-the ’ jLefiv NertlaoM
Atoffizere—a Lady’s toilet not complete without one. FancyArticleeJ j^" T Tnmfc.’
Shawl Pins, Scarf Bins, Hair Brushes, Tooth Brushes, Hair Pins, Combs Satchel*-iOJ xraniw,
Pooket Books, Rzor steel Beis*orß,Maehii!e Needles and thousands of kriidea, all the
est pnoea. All Domestic Goods at Factory prices, by the piece. Motto: Not to be Undersold.
Old friends and customers from the country will please give me caU
elsewhere. I will guarantee to do better by them than I conld while wmneoted wth the Fred
encksbturg Store, as I am now ALL ALONE, and my expenses a greatdeal less.
tanee that cannot visit the city send for samples and make your ° , reßt depot when your
in the city at the lowest prices. Will pay ail Express ohwgas to jour neare po • J
L. RICHARDS,
declO-tf 209 Broad Street. Next door to J as. G- BsiljP A Bro s Carpet Store.
PLiHTEBS LOAfUIiTOS UK,
823 Broad Street,
CAPITAL, - - - SIOO,OOO, WITH STOCKHOLDERS LIABILITY*
Interest Allowed on Deposits,
T. P. BRANCH, President. . J ’ *
THOS. W. COSKERY, GEN. M. W. GARY,
JUDGE WM. GIBSON, E. H. ROGERS, I. BRANCH.
Jan9D-tf
