Newspaper Page Text
I.—Anticipation,
“I’ll take the orchard path,” ehe paid,
SpeaKing lowly, smiling slowly :
The brock wan dried within its bed,
The hot mm liaog a flame of red
Low iu the west, as lorth she sped.
Across the dried brook course she went,
Hinging lowly, emliiug .slowly:
She scarcely saw the t-uu that spent
Its fiery force in swift descent—
She never saw the wheat was bent,
The grasses parched, tho blossoms dried:
Sinking lowly, smiling slowly,
Her eyes amid the drought espied
A summer plo&sance far and wide,
Wilh roses and sweet violets pied.
ll.—Disappointment.
But homeward coming all the v-ay.
Sighing lowly, paciug slowly,
She know the bout wheat withering lay,
Sho saw the bloesoms’ dry dec*y,
She missed the little brooklet's play.
A b r o( ea had sprung from out the south.
But, sighing lowly, pacing slowly,
She only lelt tho burning drought;
Her eyes were hot and parched h< r mouth:
Yet oweet tho wind blow Irom the South !
And when the wind brought, wo'come rain,
Still sighing lowly, pacing slowly,
She uver saw the lilting Main,
But only—> lone orchatd lane,
Where she hud waited all iu vain !
D e cTsTcTn s
OP THE
SUPREME COURT OF GEORGIA.
IION. nillAM WABNF.It, CHIEF JUSTICE ; HON’. H.
(. K. M’CAY and li. P. TBIPPE, ASSOCIATE
Judges.
delivered in Atlanta, Tuesday, August 25,1874.
be tooted exhbesely foe the hieald by henry
JACKhON, SUPREME COURT EE PORTER.
A. J. ShaflVr, administrator, vs. Jap. P. Sim
mons. Motion irom (Jwinnett.
WARNER, C. J.
This case came before the Court be’n-r on a
motion for anew tiiai, the judge who presided
on the trial having gone out of ofifcet the
motion was heard before his successor. It
appears from the record that a motion had
been made in the Court below to open and
reduce the amount of a judgment uuder the
Act •fj.868, the debt on which the judgment
wus tohhded, had alieady been sealed under
tho provisions of the ordinance of 1805. The
issue was tried by a jury at the September
term of the Court 1872, and a verdict rendered
in flavor of the defendant, reducing the
amount of the judgment. At that term of
the Court a motion -.as made by the pialDtlrr
: n the judgment for anew trial. The
G<V-rt passed an order at that term, for the rea
sons slated therein, giving to the plaintiff j
leave to file his motion and brief of the evi
dence at the next term of the court, as if the
same had been done at the present term, At
the next March term of tho court 1873, an
order, reciting that Russel the moveant to re
produce the judgment, had departi <1 this life
since the last term of the court, and that his
estate had no legal representative, and that
the motion for anew trial stand continued.
At the same teim ot the court an order was
passed, givingtotbe plaintiff further time to
have the brief of evidence revised and appiov- !
ed by the court or a greed on by counsel.!
Nothing more appear to have been den- i
in the case until tao March term, 1871, when !
the administrator of -.Bussell, by an orde r of !
the court, was made a party to the proceeding I
in lieu of Hu.' l ".ii, when the motion tor anew j
trial was L*-urd Indore Judge Bice, he pt-iug ;
the successor of Judge Davis, before whom i
the issue was origii ally tried. Iu this state
of the c-se the pr- idm. judge certifies that j
lie urged upon (he nouns I ugr.e upo . in
brief of the evidence ti,- .1 by ibe plaintiff,
tint the defendant s uu.. I coaid nut, or )
aonlv not agree to it, nut the couit h..d to ;
satisfy it.-elf from the evidence betote it, an i
the best manner it couid, as to tho coll t
ntes of the brief cl tvider.-e filled by be!
plaintiff, and then approved it. 41, conns ! I
tot defendant then moved the court to dismiss I
tho motion for anew trial, for tho al- |
leged irregulariti. s in the proceedings in I
making the motion and in li it;,
and approving the brief of the evi l - i:i
the ea-e, which moti-.u the court ov . ; . ,
and the defendant excepted. The court utter
hearing argument on the merits of the mo
tion granted anew trial, to which the defend
ant excepted. It the case was reached on the
douket at September term, 1573, it was proba
bly continued b cause it was not iu a condi
tion to be beard for want of parties, as the
administrator of Bussell dots not appear t >
have been made a party until March term,
1874. There w-b no p int made that the ad
ministrator of Bussell did not have notice of
the motion, but. on tho contrary, it appears
from the ricord that one of his counsels
amended tho brief of bis own testimony which
had been tiled by the plaintiff. When a case
has been tried before a judge who has gone
out of office, and a motion made for anew
trial, and no brief of the evidence agreed on
or approved by the judge who tried it under
the facts end circumstances disclosed by the
record btfore ns, the defendant should not be
allowed to defeat the motion by refusing to
agree to a brief of the evidence because the
then presiding judge cannot verify and ap
prove it of his own knowledge, not having
been present at the trial.
A large discretion must necessarially be ttlJ
lowed to the Judge in such cases, and we uB
not think it was abused in this case. Ijß
motion to dismiss Ihe motion lor anew
was properly overruled. Nor do we find
error iu the judgment of the Court iu
ing thenowtii.il. Tbetquily ol the -
nave plaintiffs' jail, l ’taunt reduced,
debt on which it. was fotiudud had .‘o
sk!(1 under the . ri'r>..tice ol 1865,
all apparent t > a-, ami therefor.- we
interfere with 1 a- cr..linn c.f the
granting tin- a. ::ial. Let the
the Court br-l'iw I- ill'll Intel. -
Clark A I’..c ; J. X. tili-nu: X.
for plaintiff in otror.
bynn A 8-'.. tor d-.te u :
Louisa Klb r v Iv.au I‘. Am
■ bail. C! '-von i AKB
tr
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ivv. ■ - " . . ,
vS ' V'■ a', : d:“ : a; j- i;;f il;
t ■' SddV-adOr -d '
lit II ?® ! ; - V ,
.!.a 1 ' ■ -1, ’ll .**£§j
t .1.1 It • ' ibl ai:: i 'i'
: : 'it.i !.'. t v. it -.s sEfjl
Illy it: ! .vor ot tl ■ a *■:.
tin n on (rial before tha^^B
case v.ais i, toil, tln-i oomt
-lon, tin ti.ets wen so lllipclß
tin- r.coi.i li..u 1.-t rein, 1
sil'fi to ascertain what
of the p trlics. We therefore
•rial, so that tin- tacts could bo
clearly in pa slid. , pi view o!
court hoitv.i in the county ill whiflH
was s tint' .1, containing all the
ptocr tunics appeal lining tb.-c to, J"
destroyed by li. .. New parties
maib , Hint upon the list trial,
were disclosed which enable ns
stnnd what are tho legal rights of the
to the land in di-pnte. It now appears tWm
the evidence in tho record, that
Hiram l’ittmaa died in 1837 or 1834,
leaving four children, one of which
is now Mrs. Hooper, tbe claimant, that Hiram
Pittman left a will by which ho devised his
lands to his four children, including the land
iu dispute; that alter the death of her lather,
Louisa, tie claimant, intermarried with
Green m 1851, who died in 1839, leaving the
minor children now claiming the land in dis
pute, as his heirs at law. Subsequently to
the death cf (been, Louisa intermarried with
Hooper, and now claims lier share of the
land devised by her father's will to her and
her brothers and sisters, on the ground that
Green, her first husband, had never reduced
her share ot his land to possession during his
lifetime, and it survived to her, and did not
pass under the law to his children by her,
who were bis legal representatives. Atter the
death of her father, Hiram Pittman, she with
the other devisees under his will, held too
land as joint tenants iu common, and the
question is, wnether, under the. law, as it ex
isted at the time of her intermarrriago
with Green, ho acquired a title to
the 'bland by virtue of his marital
rights. The ques'ion is not wbotlior she
would be entitled to assert tho wife’s equity in
a court of equity as against hor husband’s
creditors, as was the case.tf Bull vs. Beil,
first Kelley's report 637, andpthat eiass of oases,
but did the title to her re*i estate deviled uu
der her fathers wili b*ootu vested in, and pass
to her husband on her intermarriage with
Green. The act of 1783 declares that in Vthe
case of intermarriage sitca, the 220il day 1 * of
February 178'J, the real estate belonging tuj
the wife shall become vestfd ia.and pass to the;
husband in the same manner as personal prop-1
arty doth, and the hue-.
■ ■ 1 ■ 1 'v i.;,
tin: sens -atate f*,|j jeecend sfptl uooorae sub
ject to distribution m tu mme
personal property. Cobb’s digest 305.1 Jones
v s.Pcavy 23ih Georg l ar l:l)ott
vs. Wingheld, 46ih Georgia reports oj*. > Ilog
ors trustee, vs. Cunningham decided itri
last term not yet reported. That the real estate
which was devitied to her by' he fathers Will
belonged to Louisia at the time io[
her intermarriage with Green earSiot
be disputed from the evidence now contained
in the record, however doubtful it might haTe
been from the evidence before na ou the for
mer hearing of the case. The evidence is
pretty clear that there was a, division of the
land between the the testators
will, and that Lcui-a’s pi art was set apart to
her, and being wild land, her husband reduced
it to pcsses-ioi> so tar as the same was capable
ot being reduied to possession alter his inter
marriage with her. ft also appears from the,
evidence,that short’y after tb- death o. Hiranij
Pitiman, the testator ti IS3-1. his cxn utor;
divided tr.e pwem >—t-i*.: avnuugsuthe i-ga-
K,■ -| ~r f, and alter such a J of ■
the Ugal p -bii:.qHmu is that tt. - entire /r
--ot tho icatator vius ih sfrior.ie.ri among his
lvgatees snd devi-i't ?, amt thaU each one re
ceived his or hi r .-hare thtrtofwuh thee sunt
ot the executor, lie more isptcialiy as one of
ihe dfcvisets under the wilt ms be n iu the
pios-cssioti ot his distributive rbari otUta
I land for twenty-three y. irs. In view oi the
facts of this case, as i.ow disclo and ty the
j record bcioro u-, la. .ira's share cl r.iiy hind
|d- vised to her by her fit : r’s will ■■■ sane
; bv.ii :. wild lands) v. Id in Green, L firs'.
;ii bind, ou her intern a.riage with him, and
: i. Lis death inte-h.te, and .-oended to and hc
oin ■ sutj :cfc to distribution amongst u s heiis
a. law, u..d did not. urvive to h< r. L t the
judgment cl the t. net belo|oe affirm- ;.
iiiltyor & Bro., T. W. Hooper, L. N. Hut
chins. for plaintiff in error.
Pcipilts A Iloweh, Clark J Pace, T. M
| Peepiies, tor defendant.
| B indull Thomas vs. James 8. Johnson. Itulo
as Sheriff', from Oglfcorpe.
WARNER, C. J.
Ibis was a rule upon caking
t" CllUri.J
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iff
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fejTr. and ii-; ,v in.--s.-s -s -!'.- .
- y, tin-y w>n 1 n.-iv -■ i i.y
t ' tv...fy iu open i
■rc" 11-1 I. . .Vu .11 tali. u 1 y
Ks From tho vxpl.inutnry note
judge, anil in view of the
m ihe showing for a contin-
deteudant had reasonable time nnd
to h ive prepared his defence,
general rule, the court before which the
is tried, will bo allowed a liberal discre-
Rou as to the continuance of cases, and this
rcourt will not interfere with it, unless it has
been manifestly abused and injustice done.
Letthe judgment of the court below be af
firmed.
Geo. F. Pierce, Jr., M. W. Lewis, F. L.
Little, for plaintiff in error.
Sam. Lumpkin, Solicitor-General, by brief,
lor the State.
Peter Barnes vs. the State. Burglary from
Fulton.
WARNER, C. J.
Tho detendun: was indicted for the offense of
burglary in the night, and on the trial, was
found guilty by the jury. A motion was
made for anew trial, which was overruled,
and the the deft excepted. The only grounds
ior anew trial insisted on here, are that tnej
verdict was contrary to law, that the verdict
was contrary to the evidence, and without ev
idence to support it. In looking through the
evidence contained in tbe record, w r e find that
there is sufficient evidtneo to sustain the ver
dict under the law, therefore the verdict was
not contrary to law, nor contrary to the evi
dence, or without evidence to support it. Tho
j twelve jurors who passt-d on the facts, as
| proved by tho witnesses on the trial, were
quite as competent to do so as this Court, and
in contemplation of tho law, better qualified
to do so. Let the judgment of tha Court
below be affirmed.
Thrasher &, Thrasher for plaintiff in error.
John X. Glenn, Solicitor General, for the
State.
W. A. Fleury, agent, vs. W. A. Grimes, et.
al. Distress and claim, from Hancock.
McCAY, J;
Where the judge of tho county court, who
is anthorised, if tbe baltff is sick, etc , lo ap
point any person to executo a process, ap
pointed the person who, as agent of tho land
levied, had sued out a distress warrant to ex
-1 ecute and return the same, and such person
- made a very upon property which was claimed
i by a third person. ,
i Held that the appointment was illegal and
i .I*. I.. vr void, and it was not error in the
court below to order the levr to be dismissed.
Judgment affirmed, i
Geo. v ai...„ i-ui.iraii m error.
J. T. Jordan, by brief, for defendants.
C. F. Johnson, executors, vs. M. R. D
Johnson, Illegality, from Warren.
Where a sheriff, having a writ against A.,
left by mistake the copy at the house of A.’a
brother, but ou the same evening, meeting A.,
\ho Informed him of the fact, saying that if A
would accept sueh service, but if
i not, he would go and gei the oopy and serve
iit regularly. A replied, that was sufficient;
1 that h would get tin* copy himself, and that
[it was not worth while for the sheriff' to go
! alter ft, whereupon the sheriff returned (he
. writ, with an entry, “Served tho within by
personal service,”
, Held, that A. was estopped from deny ing
'fie service.
Held, -'tconrl, that under the facts, if at the
| time ha had notice, was put upon notice that
the entry would be made, it is too late fi, hm.
to eontroveit the sheriffs return, alter s.x
mouths bom its making.
Judgm-nt reversed.
W. M & W. P. lt-tse, for plaintiffs in ;-r-
T. P. Westmoreland a; and A. S. Mor-ga ;, for
defendant.
James P. Slmmor.s vs. Georgo P. M .-ti-,
administratrix. Equity from Gwinnett.
-McCAY, ,J.
t. Ou February, IBCS J P. Simmons ex
cuted to the defendants intestate, tbe follow
ing paper $1603:
Received of Mrs. G. G. Gordon sixteen him-!
dred and sixty three dollars (in notes tu nay -;
self to that amount,) which sum I am to lo -u !
out and keep at interest for her during ib.-:
pleasure of bath parties tiud to turn over u- :
her tho proceeds ou request; the interest, a..-.- !
cruing thereon payable ani.uailyin currency !
while I manage the same for her, and 1 hereby i
agree and bind myself to turn over to her
good notes or ii. fas. to the amount m demand !
and to guarantee the payment thereof. Suit j
having besn brought on this agreement, Sim- j
mons filed a bill praying a construction of j
tbe paper, and alleging that in fact he did
not on said 23rd of February, 186-5, get from
Mrs. Gordon bis own notes and agree to loan
lout for her said sum of money, bat that some
Mree years before the said notes of his had
satiatisd by substituting instead of them
■it notes and li. tas. ou third per-ons
as ber agent, he since then
In managing for her under un
with her; that tbe paper
Vary, IHCS, was m- rely * the
,!% into ' ILct t'ju lai-l parol „-e-
H in 1863, and was In , J-
H lUltil til 011 ,1. I Ml-U (j
§•<•*• his no:—-, t!-. • lull fin ; .- iff.
Hite tiiili-i on -aid thir l
Iband, and ti.at he ought u. to
Harantco them us they
■ had reci. v.-d from h r in
V' to loan out and m:i:ia;>j :
legul i ff i
\cio:.-s too 1 , i.i n
that sv.iit
■mproi-i-:
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H
Hr HERALD—-September 2, 1874.
for the land conveyed the relationship as
against any person claiming the land under or
by virtue of tbe deed.
Judgment reversed.
D. F. it W. R. Hammond, for plaintiff in
error.
Collier, Mvnutt & Collier, for defendant.
James M. Campbell vs Atlanta A Richmond
A. L. Railroad Cos. Case, i'rom Gwinnett.
TBIPPE, J.
1. In the esse of an inquiry to an employee
of a railroad company, caused by tbe run
ning of a train,whilst tbeburdenis on the eom
pany to prove that it used proper care and
dilligenee it is neoessarv for the plaintiff to
show that the injury was caused without fault
or negligence ou his part.
2. The judge before whom the case was tried
being dissatisfied with tbe verdict, and he
having granted anew trial, this court cannot
say that the evidence wi.s such as to show that
there was an abuse of discretion by ihe Court
below, and wo are of tho opinion that there
should be another investigation ot tbe case.
Judgment affirmed.
Winn & Simmons; W. W, Clark; Hillyer
! & Bro., for plaintiff iu error.
Jas. P. Simmons; Cailitr & Lou; J. N.
! Dorsey, for defendant.
I
| Toliver 11. Goc-Lby vs. Wra. W. Bush, com
plaint, from Oglethorpe.
I XJRIPPE, J
I. Under section 2,951, new code, a prom
| ise to pay the debt of a third person is bind-
I ing when there has been a fall performance
i by tbe creditor of the condition cf the prom-
I i-e, and which was accepted by the promisor
; in accordai/.-e with the contract.
I 2. An ffftv-e against the person o prop
] erty of a c tizou, not punishable by flue or
imprisonment or a more severe penalty, may
be settled by tha prosecntoi and offender
when there is no indictment or special pre
sentment. Tha act cf October 28, 1870, found
in section 4,706, new code, only iffccts tbe
tight to settle such cases as provided by sec
tion 4,609, Irwin Revised Code, after action
has been taken by the grand jury. Judgement
affirmed.
J. D. Haihews, E. C. Shackleford, Z. D.
Harrison, for plaintiff iu error.
W. G. Johnson, for defendant.
Warren Wallace & Cos. vs. J. W. Moore, et
al. Garnishment from Hancock.
TBIPPE, J.
In cases of garnishment, tbe sayings and
letters of the principal debtor made or written
after tbe service of the summons, are not
competent (videnee against the plaintiff to
show a wiu-t oi title in the debtor to the prop
erty or efforts in the hands of the garnishee.
Judgmeni affirmed.
Georgo F, Pierce, Jr., for plaintiffs in er
ror.
0. W. Dußose, by brief, for defendants.
r Frank Situ us vs. the State, LarcenJ, from
V Fulton.
TlUPiv J. f •'
There a abuse of tho mgistetttm. nt
Jndge w Juried the case, in rutusing the
motion for a leW trial, which calls lor the
interterance of’this Court.
Judgment affirmed.
Thrasher .t Thrasher, Howel C. Glenn, for
plaint iff ir. error.
John T. Glenn, Solicitor General, for tho
State.
South Carolina.
| The Darlington grangers had a grand pie
| uic on the 19tti instant.
The firs opened boll hss appeared )in An
i derson and Yo:k counties.
. The Vv nusboro’ Sabre Club’Tfave ordered
j sixty sabre > from Baltimore. \
Eight • : sons were baptized atw the
> vi ii > b.i /.. • i hurcb'cii Sunday hsfT'
; Isreal iOittlrson, native ot Pohind, was
| admit. : to citizen ship, at Chester, l.v-st week.
On Cr - . 'last, two mules belonging to Dr.
■ *4 4-. J> S .urf.vi e, cf Camden, wen- killed by
j li * htoio *
The growing of i-iee, hitherto an important
I feature iu Orangeburg tanning, is deceasing
l every year.
Tbe residence of Mr. W. H. Kerr, in Fair
fi :d county, was destroyed by fire on the 18th
instant.
Geodvryn M. Roper, Esq., a piominent citi
z ,i of E : : ii-l.:i, died at Sweet water Church,
: Or. the liuti mstaut.
if .u vestry ot Grace Church, Camden, has
invited Rev. James Stoney, of Milledguviile,
6i., to take charge of their church.
Tb. election to subscribe county bonds to
th,- C'fii raw and Chester Railroad’ will come
off in Chesterfield on the 26th day of this
month.
The hog cholera is raging in Salem Town
ship, Sumter county, where several hundred
head of swine have perished within tbe last
week.
Col. J. P. Thomas lectured in Sumler last
night on “Gleams of Light, m the Past and
Future of South Carolina.”
For many years past the bees have been
working in the steeple of the Baptist Church
in Greenville, and it is supposed that a rich
store of honey is concealed in the bj ire.
The Orangeburg Times says his Excellency
Gov. Moses will be re-indicted aft.tr his term
of office. Then tbo $6,000 job wilt be fully
ventilated. Poor Moses.
Camden Tax Union held a meeting on the
loth, elected twenty new members and the
following d.-bgates to the Countv Union:
Messrs, W. D. Trautham, T. A. Moore, J. K.
Witherspoon, Washington Carlos and Theo-
Lang.
A religions meeting sfnnusu.il extent and in
terest, closed at Florence last week. Some
twenty-ljve or thirty additions to the Metho
dist Church, including several prominent cit
izens of the town, was the immediate result.
A severe bail storm visited the ntignbor
hood of Sandy Fiat, in the northen part of
Greenville county, ou Friday last, and made
complete destruction of cotton, &c., on the
farms of Messrs. Collins, Reese, Dill and oth
ers.
utixSan-lny last Bishop Howe concluded bis
third annual visit to the Episcopal Church at
Greenville. Three white and one colored
person were confirmed. The Bishop preach
ed an eloquent sermon on Snnday morning to
a large and attentive congregation.
A Radical meeting was held at Newberry,
on the 18th, at which tha feeiiug expressed
by the assemblage against Governor Moses
again coming before tbe people as a candi
date for thiir suffrages was emphatic and not
to be misunderstood.
An unfortunate lad attempted (o board a
morning train at some station on tbe Blue
Ridge Railroad, and tailing beneath the cats
hr.d both legs crush’ed. One limb had to t
amputated, and it is not improbable that he
will lose the other.
A hail storm in Anderson county on the
14th instant damaged the crops considerably.
The hail stones were Irom the size of a largo
marolo to a guinea tgg.and killed a number ol
chickens at Mrs. Busby’s and other places.
After the storm was over hail remained drift
ed from six to seven inches deep for several
lours.
On tbe Bth instant a series of dfslrnclive
stums passed over certain sections of Union
vmnty. Whole fields of corn wero literally
twitted Iron the ground and entirely destroy
ed. Fields of cotton wire greatly injured, but
not £o seriously damaged as the corn. Trees,
fences, dwelling houses and barns were un
rooted and blown down, end tho roads strewn
with the debris.
— ►*-*-*
Wh n a newspaper correspondent registers
at a Long Branch hotel tbey promptly show
him to a batb.—Exchange. Yes; they
bathe his atom roll with the best eampagne in
the ho t <e and put in his little bed dippy if he
be a Bohemian.
DOBBS!
I
A Thumbnail Sketch of a
Martyr.
His Example—His Fate, and Its
Lesson.
I am proud of my acquaintance with
Dobbs.
He was a hero, whose deeds were not
spread upon any of the books of men, but
whose martyrdom I am sure illuEti.i.es a
glowing page in God’s great life-book.
I met him late one night.
The paper, with its burden of news an .
gossip, hud just been put to press, and I
strolled out of tbe hot, clanking room to
catch a sight of tbe cool morning stars, and
a whiff of the dew-laden breezes of tbe
dawn.
Silhouetted against the interceptAl slurs, I
saw a tall and striking form, standing like a
statue on the corner.
As I came out of tbe door the figure ap
proached.
“Is this tbe llebaed office, sir? ”
“Yes, sir. Can I serve you in any way
“Welt—" hesitating for an instant, uni
then speaking boldly and sharply; “I wanted
to know if you could trust me for a few
papers? ”
"I suppose so; walk iu to tbe light,”
I shall never forgot the impression Dobbs
made on me that night, as we two walked in
from the starlight to the glare of the gas
burners.
A BLAZS C-F HONESTY.
As I have said before, he bad a fall and
striking figure. His face was ugly. He was
ungraceful, ragged, and uncouth. Yet there
was a splendid glow of honesty that shone
from every feature, and challenged yenr ad
miration. It was not that cheap honesty that
snffast-s the face of your average honest man;
bat a vivid burht of light that, fed by princi
ple, sent its glow from the heart. It was not
the passive honesty that is tbe portion of men
who have no need to staid, but the triumph
ant honesty that has grappled with poverty,
with disease, with despair, and conquered the
whole devil’s brood ot temptation; the hon
esty that has been sorely tried; tbe honesty
of martyrdom; the honesty of heroism. He
was the honestest man I ever knew.
TSS PATHOS OF INOONOBUITT.
There was one feature of bis dress that was
oatbetio in itdumqueness. He wore a superb
swatiowin.il firess coat; a gorgeous coat,
which was doti'otless ebriatpnetd at some hap
py wedding (his father's; I suppose); had
walked side by ride witn aainity laces; been
swept through stately quadrilles, pressed upon
velvet, and to-night came to me upon a
shirtless back, and atked “trust” lora halt
dozeu newspapers.
It had that seedy, threadbare look which
makes broadcloth, after iia first season, the
most melancholy dress that sombre ingenuity
ever invented. It was scrupulously brushed
and buttoned close up to tbe chin, whether to
hide the lack of a shirt, I never in the course
of six months' intimate acquaintance had the
audacity to inquire. In the sleeve, ou which
rosy wrists ban, in days gone by, laid iu lov
'd confidence, a shriveled arm bung loosely.
Hint ..'j'u i*s outlet three decrepit :iu -
dri.vi.tj-i. His natavas' old, and fell around
his -.
His breeches, cf a whitish material,
which had tbe peculiarity of leaving the of
fice perfectly dirty one evening and coming
back pure'clean the next morning. What
amount of midnight scrubbing this required
from nay hero Dobbs, I will not attempt to
tell; neither will I guess how he became pos
sessed of that wonderful coat. Whether in
the direst days of ihe poverty which had
caught hint, his old mother, pitying her boy's
rags, had fished it up from the depths ot a
trunk where, with m yhops an orange wreath
or a bit of white veii, it had lain, for years,
the last token ol a happy bridal night" and,
baptizing it with her tears, had thrown it
around his bare shoulders, I eannot tell. All
I know is, that taken in connection with the
rest of his attire, it was startling in its con
tract; and that I honored the brnve dignity
with which he buttoned this magnificent coat
against his honest rags, and strode out to
meet the jeers of the world and work out a
living.
FIVE DOLLAUS A WEEK.
I knew Dobbs for six months ! Day after
day I saw him come at 3 o’clock in the morn
ing. I saw his pale face, and that coat so au
dacious in its fineness, to tho press room,
fold his papers,and hurry out into tbe weather.
One night, I stopped him.
"Dobbs," says I, “how much do you make
a week?”
“I average five dollars and twenty cents,
sir. I have 27 regular customers. I get the
paper at 15 cents a week from you, and sc-U it
to them at 25 cents. I make two dollars and
seventy cents off of them, and then I sell
about 25 extra papers a morning !”
“IVhat do yon do with your money !"
“It takes nearly ail ol it to support me and
mother ?”
“You don’t mean to tell me that you and
your mother live on five dollars and’tweuty
five cents a week ?’’
“Y r es sir, we do, and pay five dollars a
month rent out ot that. We live pretty well,
too,” wiih a smile, possibly induced by the
vision of some of those luxuries which were
included uuder the head of “living pretty
well." I was crushed !
FITE DOLLABS AND TWENTY-FIVE CENTS A
week!
The sum which I waste per week upon ci
gars. The paltry amount which I pay al
most any night at the theatre. The sum that
I spend any night I may chance to strike a
half dozen boon companions. This sum, so
contemptible to mo—wasted so lightly—l
find to be tbe sum total of the income of a
whole family—the whole bupport ol two hu
man betDgs.
I left Dobbs humiliated and crushed. I
pulled my hat over my eyes, strolled dowa to
Merctr's, bought a twenty-five cent cigar and
sat down to think over my duty in the prem
ises
* * * One morning, tbe book-keeper of
tho Hi. baud, to whom my admiration for
Dobba was well known, (I having frequently
delivered glowing lectures upon bis character
Irom (ho mailing table to an audi-nce of car-
L. vs. clerks and printers,) approached mb
and with a devilish smack of joy in his voice,
say s:
“I am afraid your man Dobbs is a fraud—
Sometime ago he petsuaded the clerk to give
him credit on papers, He ran up a bill ot
about seven dollars, and then melted fr/>m
our view. We have not seen or heard of him
since—expect he’s gone to trading with tin
Constitution now, to bilk them out of a bit).”
This looked bad—but somehow or otlur I
still had a firm faith in my hero. God had
written “nonesty” tco plain in his la', for
my confidence iu him to be shaken. I knew
that it he had sinned or deceived tout it was
starvation or despair that had driven him to
it, and I lorgavo him even before! knew ho
was goilly. * * * *
About u week after this happened, a bomba
zine fein'ile—one of those melancholy women
that occasionally arise like some Banquo’a
gtiost iu ray pathway, aud always, I scarce
know why, put remorse to twitching at my
heart-strings—came into my sanctum aud
asked lor me.
“I Ilia the mother,” says she, in a voine
which sorrow (or snuff) had filled wtb
tears nnd qnavers "of Mr. Doth, a young
man who used to boy pipers trom you.
He left owing you a little, and assed me to
see yon about it."
“Left? Where has he gone?
“To Heaven, I hope sir ! (He is dead
“D.-ad?”
A CONSCIENTIOUS I'EBTOE.
“Yes, sir: My poor boy went last Tbuisday
He were all X had on earth, but he suffered so
it seemed like a mercy to let him go. B
were worried to the last about a debt he was a
owin’ of you. He said you had been clever to
him, and would think hard ef he didn’t pay
you. He wanted you to come and see him so
he couid explain as how he were took dowa
with the rheumatizum, but that were no one
to nt:m fcim while I come for you. He bad
owin’ to him when he were took, about three
dollars, which he have an account of in this
little book. He told me with his last breath
to collect this money, and not to use a cent
tell I bad paid you, nnd ef I didn’t git enough,
to turn yon over 'lie book. I hev tuck in one
dollar and thirty cents, and”—with the air of
one who has fought the good fight—“here it
is !;’ So saving, m.o ian her hand into a gash
m the bombazine, vvhichjiooken ' ike a grievous
wound, and pulled out one of these long
cloth purses that always reminded me of the
entrails of some unfortunate dead animal, and
counted cut the money. This *h; handed in
with the book.
I ran my eye over the niggediv kfpt Re
counts and found that each mtiu owed Horn a
dime up to fifty cents.
“Why, madam,”sa;rs I, “these accounts are
not- worth collecting ?”
“That’s what he was afraid of,” says, she,
moving towards a bundle that lay upon the
floor, “she told me ir you said so, to give you
this, and ask you to set! if. it you couid, and
make yrur money. It’sc.ll he had, sir, or mu,
either, and he wouldn't die easy ’til I told him
I wud do it! God knows”—and here the
tears rolled down her thin and hollow cheeks
—“God knows it were a struggle to promist
to give it up. He wore it, and his fatties
before him. Huw many times it has covered
’em both. I hud hoped to carry it to the ecu
with me, and wrap my old body in it when
died. But it was nil we had which was fine
and he wouldn’t rest ’til I told him 1 wad
give it to you. Then he smiled as pert-like
as a child, nud kissed me, and says • now 1 am
ready to go !’ He wer a good boy, sir, as ev
er lived”—and she rocked her old txdyto
and lrn with her grief. Need I say that "shi
had offered me the old dress coat ?’ That sa
cred garment, blessed with then mory of her
son and his father, and which. rather than
give up, she would willingly p, :k either of_
the withered arms that hung at lu r sides t>jH
its socKet ! *
I dropped my eyes to the af ,
again -for h.u purpose I urn not
that the reader may guess.
In a lew moments I speke:
“Madam, I was mistaken in the
these accounts; most of tbe debtors on
book, 1 find upon a second look, are
ists. The sll worth of accounts will sell
sl2 anywhere. Your son owed me $7. LeaweJl
tbe book with me;l will pay myself, andhere
is $5 baiauce which I hand to yoo. Your son
waSjjj good boy, and I feel honored that I
can servo cis mother.”
She folded the old c at up and departed ’
I kept the book.
Ii was a simple record of Dobbs' life. Here
ran his expense list dreary trickle of "ba
con” and "meal” and “rent,” enlivened onlv
ouco with “sugar;” a saccharine suggestion
that I am unable to account for, as it surely
did not comport with either of the staples
that formed tne baeis of his life. Probably,
on some grand occasion, he and his mother
eat, it in the lump.
Hire were his accounts, of say fifty cents
each, on men accounted responsible‘in the
world’s eye- accounts for papers jjuruished
thrmidb snow, ?iid sleet, and lv.in ! Some of
them Tiiowert signs if having hi- n called for
'- di-ifim times, being frescoed with such notes
as “C.ail Tuesday,” “Call Wednesday,” “Cali
I hursday,” Ac.
I Onauoiuer page was a pathetic of de-
I losive liniments and medicines, with which
he had attacked his stubborn disease.* Such
as, “King of Pane— kored a m m in Maryetti
in 2 days, $1.00;” “Maggie Linament— korcs
in 10 minnits, 82.00 a bottel;” and so on
through the whole catalogue of inarcs which,
the patent i fiice turns out yenr alter year.
Poor fellow ! the only relief he got, from hi*
racking pains was when God laid his heating
band on liiin.
I shall keep the book as long as I live.
Iu its thumbed and greasy leaves is written
the record of a heroism more lofty and a mar
tyrdom mote lustrous than ever lit the page
of book before or since.
I think I shall have it printed in duplieate,
and scattered as leaven throngbont the lnmpyjfe
Sunday-school libraries ol the land.
Queer Morality.
HOW THE KABAIOGA FOLKS COMPKOSIISE FT WITH
JOHN MOBBISSET THE GAMBLES.
(Special Correrpondence of tbe Pennsylvania Press. 3
Grand Union Hotel.
Saeatoga, August 17, 1874.
A native Saratogian rematks that the second
Sunday in August is the day when all that
wbich main s Saratoga unlike any other city
in tbe country arrives at ihe zenith of its glo
ry'. After that comes the gradual decline. At
this time the Hod. John Morrissey 's fortune
is decided for the y#ar, unless there should be
an unusual occurrence like a ragged stranger
winning fifty thousand dollars in one night,
ns did happen in the small hours of tbe moon
not long ago. It is both amusing and aston
ishing to see the way the inhabitants proper
of this city regard the honorable
man. Their feelings are the most tturiontS
combination of human passions ands no.
timent. They worship as a presiding JB
ity which they cannot reverence, Jn
cannot do without. He rules
much cs Engeuie governed France, afiH
sway is far more bcnificial to the
the Hon. .Tabu Morrissey who looks
oonjfart of the tiiousar.ll
tin ng tho streets, i, Baulo B
gives the benighted citizens
might un home safely Iroui auy uoelHffl
ventures. It is he who contributes tEBB
erously to all the manifold ebar tie’s.
withstanding these many .-x.-e.ibnt CS99
there still lemainod something whicHH 1 -
tho lipp'icatfon of the LaijH
\ .-.mg Me •’* t'ini-ri Hi A*-, elation.
■■ its tne sttai g, s' ; tot in tLe
Mr. Morrissey I 11 , en b<. u sou a
and lectured by tin association, it wa-Tgi
that if hevrtjula keep every e tiz. n of ,MB /
:;a out of his i stablislitDtnt, and i iiri9W
man whoeejx* ml was still iu too
state, busdik : tl women, he laiglit giST
his hearts content on all hh re.-.t of 9EHa
dear mankind. lla was to have tot: - - >4jSa u
with i cry sirimuer that came m
Tne young Men's Christian Association.
ed tfed women should not patronize
letu tables, but they might be allowed toH;
to the races and dabble in the pools. SB
Ist day of the races a New York womaJM
iighest respectability won a largo sum,
back to the hotel and did tho same thing tin
men do under like circumstances. As
are mauLged by the Y. Al. 0. A-, tho Saralfl||
gians derive all the benefit whioh is extract®
trom the world at large, suffering
anything in return. Tbe Hon. John Morrjß
ssy is willing to pull the chestnnts out of tIH
fir,: for the. Saratogians, if they will let hiß
pull out till he can for himself. In retnrß
however, for Mr. Morrissey bas'too longß
head lo be outwitted by tbe Christians, )B
calls in the aid of tho association to beat (B
all rivals. So the Y. M. 0. A. can serve G<B
and tbo ex-Congrossmau nt the same timß
The Lord, for tbe sake of sin, is aveißato
establishment of any more gambling hous<
ia Saratoga, where his dear human obildieß
can be ltd astray. Hon. John Morrissey ■
this respect is on the Lord’s side, and so teß
sustained by modern muscular (Jhiistianity^K
6