Atlanta weekly herald. (Atlanta, Ga.) 1872-1876, September 02, 1874, Page 6, Image 6

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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 :! ■■ 1 ,:’v| '• 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 •v.-r to •!.*• rni r.MmmSu' . .- it y&fflg&nUßHi: k-1 . .ii ,-i ■ ' .' r ■ ■ 1 "" ' .. - . /a JJa ‘AM. - . .-yiM 6 / ..y-y. . pi I" '*HW :. tt IB i • '' . ’ . ''f Br iff - 1 '■■■■l i/’' -j ■ . '. /an-1 i?i tit •„udiii.t. I; 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-: . V v-t am \ Is sin, ii.: ' ho -1 '■Bt, 9k iB / W-m , i ’!*> ; '■'■■■- . V i ** JZ' u 4 *’ ” -' t IU f '* * j W teiaiubVife, - B >; £ i 9 ■ ■ ■ ■ Hit uu:t A as- H n 1 ■ to or M m M m IT 1 {a’- *■ _ ' .58.... . 9 r 9 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