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Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, December 22, 1868, Image 1

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NIsHYILLE; TENNESSEE TOJESDAYv DECEMBER; 22,. 18681
WASHINGTON.1
ESTABLISHED MARCH 30, 1835.
NEW SERIES NO. 100.
iAMBKIOAMs
Unusual Buslle at the State D&
partBicrit.
Adjournment of Congress to the
. .otltor.JaHaarr.
i- j- m . - '
Greelc) oiuMerloR's Siiccie I'iij-
:ing ;Pplley.
FalrltfrdMlses of tkeYIce PresL-
f dent "Elect.
Humored Disaster to Sheridan
on the Plains.
The Grecian Bend on Turkey.'
Thenar Cloud Almost Dispelled
WASHINGTON.
BciKile at tbe State Department Sua
Uajr TnRlUli and American AfT.iir
Kciiort oa tbe Revenuo Frauds, etc
New Yobk, Dc. 21. The Herald's
'Washington dispatch says there was a great
bustle apparent at the State department
yeMerday, notwithstanding Its being the
Sabbath day. The cause of the unusual
utir ia supposed lo have been the prepara
tion of dispatches for Minister Johnson.
It is sueptcted by members of Congress that
the firm of Laird & "Co., builders of tbe
Alabama are trying to obtain the proceeds
of tbe sale of the blockade runner, -which
lbey.aro supposed to have built, and which
was captnreu during the war and sold.
A clerk in the Register's office of the
Treasury Department is missing, his ac
counts show adtfick of several thousand
dollars.
Van Wyek a report of the Committee on
Retrenchment, on the subject of Revenue
Frauds, is printed. It Bays, concerning
the investigation commenced more than a
year ago: This committee find many
frauds yel existing in the .Revenue De
partment, in kind as heretofore, bat not to
ihe same extent, by the reason of reduction
of the tax on whisky, and making the esti
mated capacity one of the tejta of produc
tion. When the caliacitv svstem shall be
improved and modified as experience hay
Klitadjr dinionstratetl to be necessary,
frauds will be lessened and the rerenue in
creafed. The greatest want is undoubtedly
i.f bootst official?, but improvement can
hardly be hoped for in that direction un
der the present executive, a fact Congress
tdiould have realized and acted upon long
ago, and then devised a system which hu
man ingenuity could not easily circum
vent. Washington, Dec. 21. The Committee
on Recon.trticlioti lo-dsy examined the
additional witnesses in the Oeorgia and
Alisri&ippi cases, and without and definite
action adjourned until January ft.
The Supreme Court will adjourn, on the
24th of December to the 4th of January.
The President has approved the bill
giving cannon for the erection of a monu
ment to Gen. KearLe;.
The Senate bill providing that any Su
preme Court Judge of seventy years of age
uivr resign and reef ive his salary there
after until death, was referred to the Ju
diciary Committee.
A member cf Congress has received from
a military oflicer in the South a, photograph
of two members ot the Ku-Klux Klau. lie
t-xplains'lhsl tbe band from which they
were taken was one hundred and fifty
strung, and is the same that seized llunter
ville. Ala,, surrounded the Courthouse and
murdered a Jndge and. some others. The
men captured were not.iiiore.than eighteen
years old.
The bill recently introduced in the Ben
ate by Mr. Trumbull, to prevent the repeti
tion of such crimes by popular violonce as
that recently committed at New Albany,
In J , hap, it is understood, the approval oi
the Secretary of State.
Hen- (irant is at headquarters to-day at
tending to official business.
The Supreme Court to day affirmed the
decision of the lower Court in the case of the
Rock Island Bridge Company vs. Andrews
The court adjourns Thursday till January 4.
Secretary Seward replies as follows to a
telegram from a New York firm making
inquiry as to whether the United States
government will protect American vessils
bound to iwrls in Hayti held by rebels
there from seizure by the Haytien govern
ment : "The government of the United
Stairs will protect no United States vessel
which shall attempt to carry on trade in
Haytien ports in violation of any existing
blockade, or any lawful decree of the gov
ernment of the Haytien Republic which
has l.n duly recognized by the United
Stales. All persons trading in insurrec
tionary iwilsin Hayti will be liable to be
dealt with according to the procees and
principles of international law.
The main walls of the new hospital build
ing btlutging to the Howard Military,
gave way this afternoon. The workmen
about Gfueu in number, oue-thinl wlitte,
the others black, who wrre roofing tbe
t-iructuru ti 11 to the ground, a distance of
fifty feet and were all injured, several
terinusly if not fatally.
Several delegations of Indians, repre
senting the Miami, Creeks, Cherokeee,
and other tribes are expected in Washing
ton durii g the winter for the purpose of
etcuring additions to the existing treaties
Letween them and the government relative
to cessions of lands and improvement of
their dnmwtip condition.
NEW YOHK.
Imiortaiit I'acis and Itumors.
New Youk, Dec. 21 Thomas O Ac
ton, President ef the Board of Police
Commissioners, has announced his in
ttntion of rcsirning There ro rnoro
rumors of nn orgnnization in this city to
aid the Cuhnn lnsurpeits. The Con
resoiomil louinuttee en alleged New
York" election lmuds t-day examined
TWairirt Attornov Courtnev. Marslmll
Murray, and others. Vice President
elect, Colfux and wife arrived M-day und
nre guests of Elliott C. Cowlin. They
will remain till Thursday.
At u meeting of the General Conimib
Miners of the United States Indian Cum
misaiiin, Col. Wyncoop vrasrequetted to
address the body on Wednesday evening,
on the cause of the recent trouble with
the Indians and remedies therefor.
Kfpoitsajs that tbe New York Cen
tral road will lit reufter probate with the
Western mads in Ireight.
;,,mi mum m the in.iti-iiritliiiti ot llu
pICbtntbiil! lti'iM iiicnt, ltrnad alreet bcr
lOwed fii'iu ten Jo twnty millii.n did
lure ol gold and exchange on stuck coihil
trls and suld it fr currency, thereby
jmtlin lliein-elvos i u stroni; litianc.al
position to hold tlieir Central stuck. It
is reported that the gold and exchange
aro tu bo returned in January
KT.
A J 'till At i- ftUII'ntj
Atorialluu
Morlc.
St. I.0li Dec. Vl. 'I he Woman's Suf
rau Aseot-iHtiou ol this city is actively
ei'gsgid in geltirg signaluren to nieuioiial
ue Cori'ie-s and the State Legislatuie,
praying lor the privilege cf voting. A
lutn.orisl to t'ongr. bs, t-igncd by over 2,000
pcrxoua will be. forwardetl ti.-day. The as-iK-intioii
b-'lds' a regular meeting eveiy
week and ocsdderablo gen. ral interest is
manifested in tbe matter.
The expedition under Col. Carpenter,
which left for Wallace last month has re
turned, no evidence was found of Indians
being in Gen. Sheridan's rear, and nofcars
are now fell that auy further trouble will
occur north of the Alkansas during the
winter.
THE 1I.AIXS.
Humored Ilrlent r Ocn. hherldnu.
St. Locis Doc 21 Rumprs are current
in Western Kanean that Gen. Sheridan has
met with defeat at the bands of the In
dians, but tbev are unfounded. No battle
hat, takeu place Bkce November 27, when
Oeu. (War defeated Illatk Kettle and his
allies.
f POOTlCAIu
Greeley en Xortoa'a Specie JPaylnjr
I'ollcr C!oIfax :Foreabudowlnjf
CJ rant's Admlnlstratlou.
Kzw SYork. Dee. 21. Greeler .aaa a
three columnletter'to Senator Morion on
Ilia recent sneech mmn the resumption of
specie Davment. ureeter ainers irom mor
. '. . . .. . r
ion' in that the former believes inai
prompt resumption is practicable, ana
argues upon mat point at lengtn.
Iln a speech at the banquet at Phila'
delphia. Saturday nieht. Speaker Colfax
Baid, relative to tbe incoming aammis-
tratton: The most searchtntrjetrenenment,
conesty, eniciency and bign character in
all connected witb the public service,
rigid guaidiansbip of the treasury
aeainst universe aad extravagant schemis,
a:financiir policy.which shall maintain. our
crcuu uniarnianeu, appreciate uutcuricut;
and plaoe us on the rock of specie payment
Will be the pnrpoeeand aim of the new Ad
ministration.
ARKANSAS.
i
An
Outlaw Defendlnc -Outlaws The
a-eopio it leeins: lor -freiciy. -MEnrHis.Dec
21. The Avalanche's Lit
tleBock special of to-night says many promt
sent citizens fled from the militia in Con
way county, to this city. Cant. Gibbons,
commanding the militia at Lew isbnrg, re
ports to the Governor that old man Casey
was murdered for his money. His part
ners, Rreeden and Renlley, who burned
the Ftor fled. Gill & Mathews were
burned out because they were Radicals.
He says : "I think I can conquer the Ku-
Klux in a short time." Gibbons was a
member of tbe Legislature last session, and
introduced the bill forbidding the disfran
chised from following any profession,
being mates on Bteamboats, keeping stal
lions, etc. His statements are improbable,
asihe loss to Conservative citizens by tbe
fire Is six times -that of others. JJreeden
and Rently fled to save their lives. Gen.
Upham reports from Augusta, on the 19th,
that a detachment under Cant. Taylor,
drove the insnrcents out of Woodruff
county into Jackson, killing one, and csp-
unng prisoners, arms and hortes. Kefu-
gees say tbe half has not been told of the.
outrages committed by the militia.
FJiOKIDA.
X Tien Iuae of tbo Gubernatorial
Kqitabblr.
TallaiiAsske, Fla, Dec 21. Tele-
crjphic information was received here to
day, that Judge Mill, of the United Slate;
Supreme Court, on the plea of Lieut. Gov.
ileason. has signed a citation of inquiry
as to his. title of office under the State con
titution.
The Uniltd States District Court is in
session at Jacksonville.
It iscuricntlv reported that eftiirfa will
be made before January to indict Gov.
Reed for some fjilure. or , excels of duty.
hile sgent of the Postoffioi Drpartment,
previous to his election as Governor; also,
to indict nrnHtor Osborne lor t-ome misde
meanor while rg:sier in bankruptcy, pre-
loiii to Ina election as uovcrnor.
ItOC'ISKSTK.t.
Lareeiiud t slrnctio 1'lro.
RocilESTEIt, Dec. 21. A fire yesterday
here destroyed tbe Democrat otlici", Sar
gent's bank, a lock factory, and the Union
Hank building in which was stored flour.
X be City Hani; wasdamgeu; al?o a few
ther buildings in which were a grocery,
at Btore and offices. Total loss, 100,000,
mottly injured. Four firemen were in
jured by falling from ladders.
J'OICEIfciN.
LisnoN, Dea 21. Rio Janeiro dates to
the (ith inst. are received. No war news.
The American lleet, under Admiral Da
vis, had gone up I'arana river to Ascen-
ciou, with JUinister Mc.Malion.
London, Dec 21. The full mcesaee of
'resident Johnson is received.
The Times to-day, refers to the Presi
dent's stubbornness, and denounces his re
pudiation proposition, and approves the
action of the Senate and House in the dis
posal of the document.
Madrid, Dec L. Uidlurbances grow
ing out ot the elections', arc reported in
some town, but of au insignificant char
acter. Berlin, Dec. 21. The Prussian Diet
has adjourned for the holidays, until Janu
ary 7.
G K KECE AND TURKEY.
Probable Abatement or tbe Eastern
War Cloud.
Constantinople, Dec. 20. The Por e
approves of the conduct of Admiral Habart
i'aaba at the harbor of Syria. ,
The Ambafsidors of the Wes'ern powers
decline to exercise protection over i he af
fairs of the Greek residents after their ex
pulsion from the Turkish dominions.
Paris, Dec. 21 Evening. It is repor:-
ed that Prince Melternich has received
instructions from Vienna to net in concert
with France on theJEaatern difficulty.
The Presse represents the excitement as
intense in Constantinople as in Athens,
and states that the Russian hag has beeu
publicly burnt in the streets of Constanti
nople. Constantinople, Die. 21. The Greek
subjects of the Sultan have sent a memo
rial to Athens praying the government to
avoid war with Turkey.
EXGIiANW.
Tbe ,ew Parllaineiil Views or Promi
nent Mcmlx-ru,
Loniwn, Dec. 21. Meser. Gladstone.
Bright ai.d Lowe have been elected to Par
liament. Mr. Gladstone, in a speech at the lus
tings in Greenwich, eaid he was uot yet
wholly in favor of the ballot, but if Tree
voting was impossible without surh a safe
guard, then he was for the b illot.
Mr. Bright also made a speech before
his re-vlcclian, at Birmingham, in which
he explained llial he had declined hit fir-t
appointment as Secretary for India be
cause the labor of that office wa? too Vtre
for him in the present Mate of his health,
;md also becau.o he thought the views'ol
the cuuntry in regard to the Indian policy
were not umcieniiy auvaucen. lie
eued that the late parliamentary elections
oll'ertd fitsk evidence in favor ol thi aclof-
tion of the ballot. He denounced the pol
icv of the Tory turtv, and closed wiib
nromisinir on the part cf the Cabinet, ceo
nomical rt forms in the admiriibtration of
the government.
All tbe members rt i'arliament ap-
piin'.ed to positions in the governmei.t
have been re-elected, except Mr. Cardwell,
whose elrctiui) will lake place to-morrow.
None of the elections were contested.
It ijrenerally believed that the mitiif-
terial change iti France is due to the inllu
ence t.f the clerical free press.
IXfi'IDEXT AND ACCIDENT.
Nkvv Youk, Dec. 21. The counsel of
the Meisr. Gautieniao & Bros., assert Uiat
they will be proved innocent of the alleged
smuggling of silks through the custom
house when the trial takes place.
Toronto, Dec. 21. The Court of the
Queen's Bench to-day refused to grant a
ueW trial to Whalen, convicted of thcinir
i!er of Thomas I'eArey McfJee. Chief
Juflice RirhnnU aii't Judge Wil.-mii ai.b
t lined tlm verdict of the Ottawa jury, and
Judge Moirisnii dissented. 1 lie pilnoi er
was remanded until 1 tiodsv, when he will
appeal agaiuHl the ruling of to-day to ihe
Court o! .errors ami Appeals.
Memphis, Dec 21 . The body of a negro
man named John Shaw was found near
the City llo.-pit.nl Sunday morning, with
bin head crushed from a bhiw with an axe.
Louis Given, who lived in the same houe
has been arrested as the unudeier, having
threatened to kill Shaw, itis axe was
loiiud covered with blood.
Rutland. Vt., Dec 21. A boiler at
the Marble works exploded Saturday kill
ing Amos Powers, engineer, and badly in
juringfour workmen.
New Orleans, Dec. 21. lue Collector
to-day was informed by becretary McLul
loclt that the Peruvian traiwiuirl rteamer
Is covered by her tlsg and she is not to be
seized.
St. Louis, Dec. 21 Mr. Kocbe, wife
nd children, aud two boarders were
iniioned vesterdav fn m eating rabbits.
Tbe whole party were very sick, but
nromut medical attendance relieved ihem
aud they ate all doing well-
CONGRESSIONAIi.
. Proceedings In tb Senate.
WisnrvnTov. Dee. 21. Mf.' Thayer
presented a remonstrance against the rati-
rficalioii of the Owe Indian treaty, except
ua certain itruio. iicic.".
Mr- Sumner offered two resolutions, one
directing the Secretary-of the Senate to in
form the Senate what was oono iu unu
pna nf iba roanliilimi. authou'zins htm to
furnish each States set cf standard weights
and measures on themetrical system.anc me
other directing the Poatmaster General tp
give information as to whit hail been done
towards furnishing postal balances of the
same kind. Adopted. '
Mr. Patterson of New Hampshire, m
tvnAnrA hill in rporcanize' and increase
the efliciency of,the medical department of
the navy. Referred..' r
Mr.'Rice called up hfa resoluttonlo add
two members to the Committee on Pacific
Railroad as representatives of the South,
Adopted. , . ,
Mr. Wilson offered a resolution which
was adopted, directing the Secretary of the
Interior to report what Indian Agents or
Superintendents are absent from their posts.
Mr. Thayer offered a resolution request
ing the President to instrnct the Special
Committee who have examined the Union
Pacific Railroad west of Omaha, and the
Eastern Division of the Union Pacific
Railroad, to examine in the same way all
Pacific railroads bo far as constructed, and
to report what amount is necessary to com
plete them according to the standard of a
first class railroad as required by law.
ilr. Stewart objected to the consideration
of the resolution and it went over under
the rule.
Mr. Howard offered a resolution request
ing the Secretary of the Treasury to com
municate to the Senate reports of theUnion
Pacific Railroad and its branches, -as al
ready requested by a resolution passed last
July.
Adjourned to fifth January.
Proceedings of tbe House.
J3. B. Washburne called the House to
order.
Mr. Van1 Wyck made a report from the
Retrenchment Committee on Whisky
frauds, when the House adjourned to
January 5.
NEWS OF THE DAY.
Gov. Gilpin', of Arizona, thinks of selN
ing one ot his farms. 11 contains a
million and a half of acres.
Tho work on the bridge over tho Mis
tssippi, at St. liouts, has been resumed,
and will be vigorously prosecuted.
Jasper C. Griffin, a well-known banker
and cotton merchant of. "Memphis, died
suddenly in that city Sunday morning.
The charred hull of the steamer
United States was towed to Cincinnati
on Friday from the scene of the lato dis
aster. A. Helot, of Jtfew Orleans, -ues . tho
city for $28,000 damages sustained Ly the
destruction of his cigar factory by a mob
in May last.
Lady Thorn acd George Wilkes aro
matched to trot, in Juno next, for the
largest stake ever contested for in this
country $10,000.
A California company is preparing to
work newly discovered oil wells in the
State of Oaxaca, Mexico, now running
I'M to iw barrels a day.
Advices from tho City of Mexico, to
December 3, stato that Gen. Kosecrans,
accompanied by Gen. Stuart, had arrived
and been cordially received.
Tho Indiana lawyers aro reading up
tho authorities on the subject of moral
insanity, in order to he ready for the work
of defending the Seymour mob.
A carpet-bag judge in Florida recently
fined a newsnaner renortor for "contemnt
of court." ""ills' offense was criticising a
political speech mado by the judge.
Mr. Chesley Tapp, of Gravson county,
Kentucky, deliberately jumped off tho
tne steamer commercial, near ivguuata,
Ark., a few days ago and was drowned.
In a railway at Camden Town. Eng
land, steel rails were laid upon ono side,
and iron upon the other. Seventeen
faces of tho iron rail wero worn off to ono
of tho steel.
The New Orleans, Mobile and Chatta
nooga railroad has advertised for sealed
proposals for constructing the portion of
tho road between the cities of New Or
leans and Mobile.
The plantation of Julien Poydras, of
the parish of St. Bernard, near New Or
leans, which yielded about a thousand
hogsheads of sugar before tho war, this
year produces only a third of that amount.
The commercial travelers are about to
hold their meetings ialfew York with the
object of framing a petition to Congress to
take action relative to the license laws of
various cities in tho United States.
Senator Morton has received a dis
patch from Europe stating that the effect
of his speech in favor of resumption, was
already visible in an increased confidence
in American securities.
Tho Rochester Union begs of tho
Radical members of the Legislature of
New York, not to overlook the claims ot
Frederick Douglass upon tho party when
they coma to choosing a successor to Mr.
Morgan.
Tho Now Orleans Times says that the
colored man Menard was not elected to
Congress by even a nominal majority,
and that it would be as legitimate to givo
the seat to any free negro in Washington
as to him.
A fine horsosaid to lis worth $1,500,
presented by Bonner, of tho Jxdger, to
Dr. AlcCosh, tho newly installed princi
pal of Princeton College, was stolen from
tho stables of tho latter last Monday
night.
A memorial in opposition to the bill
which passed tho United States House of
Heprcsentativcs, increasing the dtuy on
copper has received tho signatures ot the
eading merchants of New York.
Owing to the illness of one of the
ited btates inspectors, it will be bouie
time, before they render their decision
as tV which pilot is responsible for tho
late disastrous collision between the
siteauuVi United States and America.
Mrs. Parcels and her little girl,
icht vcvis of ae. were burned to death
last fcalnriav in Pickawav countv. Ohio.
The ciothinV of the child -took lire at the
haartb, and he flames communicated to
the garnenkrif the frightened mother,
The following r.amed persons have
been nppiinted Aldermen of the city of
HuntsvilIOjAIa: Joseph 11. Connor, Wm
II. Granger,Hcorge arwiek, J. i) a i
doventer, J&uli C. Bradley, Sr. , A
S. Metcher, Frank Neal and J. V
Steele, lho inly Democrats in tho list
are Messrs. FIev;v,Pr and Ncul
Gen. G. 1. Bdnu-eKird has sent in his
resignation as a iwibcr of the Board o
Engineers, recent! appointed by tho
New Orleans City uncil, fur thu pur
pose ot eiitcimg soiu inethod lor the
more elleotual drainagl0f the city, and
protecting it lioniovel Ho.. The i.eneial
states that other eiigag.nents prCvent
bis serving, and intiuiate.v,js belief that
board of three would Wbaldy have
been nioro apt to have succeed jn tho
1. i
wors iroiu.ieu.
THK "WHISKY TA.V
Tho Washington corresponded 0f tfc
Now York Times writes as folldw :
No ono hero credits tho staleUmts.
which appear to obtain sonio degi 0f
confidence elsewhere, that an eiiori,n
bo mado to increase the lax on whisky
its old standard. Prominent governmcu
officials hold that for tho interests of llu
nntfiinir rnillll IkA IVinrA liUlS
ivvuuuw """"n
i.ux..u n rvA ia nnmmnn QPtittn of CrtnrTHS
will certainly preservo it from commit
ting the absurdity of altering it Tho
leading members of the Ways and Means
Committee are satisfied with tho presont
working of tho law, and regard its con
tinuance as the best thing possible for
the government.
IMPORTANT DECISION.
Opinion or tbe Supremo Court in. n
Complicated Case of Rent.
Oscar J. Noel vt Joseph MaCTorr, Leltoy Arm
" etronc and E. J. Moris and Horace If. llarri
scn, executors of Joseph Swan, deceased. '
This is a suit brought for the us a and
occupation, of two storehouses in tho city
of Nashvilio. for tho year 1862. Th
declaration is in the usual form. Tho do
fendants plead: First! a general denial of
the debt; .second, .the deiendant jucurory
plead 8Deciallv. that he rented from tho
plaintiff tho two storehouses for tho year
18G2, at tho rate of 1,500 per annum Tor
both; "that h,e sublet ono of them to the
defendant Armstrong for $1,500; that tho
said Armstrong agreed to execute his
note, payable quarterly with security;,
mat snortiv alter tno reaving, auu uciuio
the execution of tho noles, tho plaintiff
went to said Armstrong and directed
him not to execute his notes to the de
fendant McCrory; that he was the owner
of the property, and that defendant Mc
Crory had no right lo sublet, thereby ho
failed, to get the notes of tho said Arm
strong, and that he has become insolvent,
and that he has sustained damage to the
amount of tho rent agreed to bo paid.
Replication and issue was taken )n the
several pleas.
Tho jury upon the evidence adduced
and the chargo of the Court, found the
issues' in favor of the defendant, McCrory,
and against the defendant Armstrong for
$1,091 67, and against K. J. Morris and
Horace H. Harrison, executor3 etc. of
Jo. Swan for the sum of $295. .
The plaintiff moved tho court for a
now trial, and in support of the motion,
read his affidavit, and the affidavit of F.
B. Harris. The motioa was over-ruled,
and judgment rendered in accordance with
the verdict, to which the plaintiff ox
ceptcd.and appealed on error to this court.
the facts necessary to uo statou are
substantially as follows :
The plaintiff in 1861, rented the two
storehouses, for tho use and occupation
of which, this suit is brought, to one Jo
seph Swan, the testator of Morris, and
Harrison, for tho year 1S61, for tho sum
of $2,400 ; the renting to expire on the
iJOth of December, loo!. About tne
time of tho expiration of tho renting,
the plaintiff, who resided in Sumner
county, came to Nashville and tried to
get Swan to deliver to him .the posses
sion of tho houses, stating to him that
he had rented them for the yearl8G2 to
Gilkeson, etc. Swan did not deliver tho
possession but informed the plaintiff
that they could move in ; that ho would
not be in their way. Ho was told that
thoy would not move in,- unless ho would
move out ; several applications wero
mado to the plaintiff to get the posses
sion with Iiko" results. Swan continued
to occupv ono of the houses until the
spring of 18G2 as a storehouse. In the
winter orspringof the year 18G2, the rtcf
of the house occupied by McCrory fell 5ri,
and ho removed his desk to tho house in
which Swan resided one of tho store
houses was occupied by the defendant
Armstrong for tho yoar 1SG2. There is
no proof in the record to show any occu
pation by McCrory for the year 18G2, ex
cept he kept his desk in tho room occu
pied by Swan, and was about tne prem
ises frequently. Tho court charged the
jury In substance: If tho defendants, or
either of them, leased ttie storehouses, as
alleged in tho declaration, under a special
contract, he or they would be liable ac
cording to tho terms of tho contract; that
if the defendants, or either of them, went
into the posiession with tho acquiescence
f . i ,.; 1 1 J
Ol lue piainuu, uuu uscu auu uuiuptcu mu
houses, they would bo liable if thero
was no special contract witn.- cttncvTUc-
fendant but. if Swau had rented, for
1SG1, at which time his renting expired,
and ho failed to give possession, and held
over by permission of the plaintitt, or it
ho stated to plaintiff his tenants could
move in at any time, yet Swan remained
there in ono or both of the houses a short
time, or used and occupied tho samo with
out contract, Swan would bo bound for
what time ho so remained and occupied
tho houses for reasonable rent ; and, if,
while he so occupied one or both of the
houses, the defendant Armstrong moved
in and occupied one or both of said houses
for the year 1S02, he (.Armstrong; would
be liable for a reasonable rent for the
year, or far the time ha used and occupied
tho same. Tho plaintiff's counsel ro
questcd the court to charge tho jury
that if the plea ot tne aeienuani, -aic-Crory,
shows a contract for the renting of
tho houses tor looz, tne replication aumus
that this being so, no other proof is neces
sary to prove the contract. The instruc
tions weie reluscd by tuo court, xne
court instructed the jury, the plea of non
assumpsit beiHg in, throws tho onus on
tho plaintitt proving his cause, inai
part of his Honor's charge, to which ex
ception is taken is. in which he states to
tho jury, "If swan statea to tno piatnuu
. .... ,
that his tenants could move in at any time;
yet, if said Swan remained there a short
time, in one or botn nouses, or usea anu
occupied the same without contract, he
would be bound Tor tho house ne so re
mained and occupied for a reasonable
rent." This part of tho charge wo think
erroneous. Where tho letting is from
vear to vear, or for a year, if tho tenant
holds over, the landlord may ciect to treat
him as a tenant lrom year to year; or,
where tho rentimr is for a shorter period,
and he holds over, ho will be deemed to
hold noon tho terms upon which he cn
tered, and tho landlord is entitled to re
cover tho valuo of the rent as fixed by
tha terms of tho original contract upon
which the lease was mado. It is tho
duty of a tenant, at the oxpiration of his
term ot leasing, to restore tne possession
to the landlord. Ho cannot impose terms
imon him as to the possession of tho
property. -To avoid tho liability the law
throws upon mm, no must surrenuer mo
possession
If ho refuses to quit, the land
lord will not be justified in resorting to
force to put him out. He may cither resort
to his legal remedy to get tho possession,
or treat him as a tenant. Tho tenant
must, at tho expiration of tho term, give
llu? landlord tho comoleto possesion of
tho property, and unless this is done, the
iimnnl'n responsibility for rent will not
cease, and he will oe aeemeu io noiu
upon the terms upon which no.eniareu
into the possession. Shopperd and
Mitchell vs. Cummins, 4, Caldwell page
;53. Taylor's Landlord and Ttnint
tJS2 and 475. '
It is insisted the Court erred in refusing
tho instruction asked for ; that tho pica
in evidence was an admission of tho con
tract, and no evidence was necessary to
prove it. These pleas wore filed under
tho provisions of tho Codo embraced in
arlicleS, which aro not repealed by tho
act i assed, 14th February 18G0. By that
net, the parties have their option to plead
as prescribed in tho sections embraced in
that article of the Code. The defendant
having adopted lho system of pleading
provided by those sections of tho Code,
wo must bo govorned by its provisions.
By section 21)13, tho defendant may enter
a general denial of the plaintiff's cause of
action. By section 2915, whenever such
a general plea is filed, tho defendant shall,
unless notice is waived, give notice of all
his real defences, whether by way of do
nial or avo danco, though such defence
might have been admissible heretofore
under tho general issue, or he may plead
the matters of his defenco specially, in
which case he shall stato Uio matters
relied upon, purely and briefly, and no
matter of dclense not pleaded Shall be
shown in evidence. Under theso several
. ;
I
ections of tho Code tho defentlant is
Slowed to plead such defenses as ho may
fiflrn nprn?-sarv to the lustico ol nis case.
"is allowed in on plea to deny what the
P' tiff alleges, and in anot'ier to confess
andoid it, which is in law an admission
ia onwjiea 0f what ho denies in another;
but th admission docs not relieve the
plaintiff from the. harden of proying what
is diroctlv denied bv the other plea. 1st
Chitty brvTleadin'gs, page 515, and the j
authorities cttea : juswry.oia uaw pmt,
section 237.
VatnmUiero.isiia error in .refusing
the instructions. Itasjosisted, the peart
erred in overruling the motion for a new
trial as to tho defendant McCrory.- This-
applicationvwas, predicate npon tho
affidavits of the plaiatiff and the. witness,'
T r J mi. .'-I.:. dl'nl'ni! 4Yinn.lfna9
Ham i. ifle piaianu. mh iuu nvu&a
Harris, had .been' summoned by tha.de
fendants. hul they declined to examine
, him,."and he called; him" io.'the stand, aadt
ho was asked if he naa over naa any con
yersation with the defendant, McCrory,
in, reference to tho renting of these
houses He. answered in , the negative..
iHe now learned ha can prove by Harris
that he had a cdnversatioa in which he
stated he had rented them. Harris in
his affidavit states, "He was asked the
question, but did; not, .know tho: ques
tion was in reference to the renting in
1862 ; that' ho had a" conversation with
McCrory in which he .admitted it;
that ho unthoughtedly neglected to stato
the conversation; that after tho trial ilo
Crory stSted to hia ho. bad: rested the
houses for the year 1862." The evidence
of; Harris is cmnulative. Tha fact in isv
sua was the renting to McCrory for the
yearl862. Witnesses had, been intros
duced upon that point. Cumulative evis
denc'a is that which speaks of facts in
relation to which there was evidence on
the trial. In such cases a new trial will
not be granted. 4. Humphreys, p. 252,
The fact that the .attention of the wit
ness was not specially directed to the
conversation had with him by McCrory
relative to, tho. renting, can be no reason-,
able ground for granting a new trial.
Upon due attention, it might have been
brought out in his testimony, and under
such circumstances the party cannot avail
himself of his own laches. Where a
witness inadvertently omitted to state
all he knows material to tho case, it
is no ground for a now trial. Uilliard
on Nee Trials, 411, and tlie authorities
cited.
We think there is no error in refusing
to grant a now trial as to McCrory. There
is no error in the charge of the court as
to Armstrong, of which the plaintiff can
complain.
The judgment against Morris & narrv
son, executors of Swan, will bo reversed,
and remanded, and. a new trial awarded.
As to the other defendants it will be af
firmed. Shackelford, Judge.
DEtTil 11KD CONFESSION OF A
GREAT CKIMC.
The New Orleans" Picayune relates
that some years ago a respectablo young
man, tho only support or a widowed
mother and a sister, was clerk in a dry
goods storo in that city. He frequently
assisted the cashier, and one day a forged
noto on the firm for 400. in the hand
writing of tho3oung man, was presented
at the bank by an unknown person and
paid. The young man admitted drawing
the check, but had no recollection of the
circumstances, and could givo no explana
tion. Ho was arrested, tried, and con
victed. His mother and sister alone be
lieved in his innocence. Bowed down
with shaino, and unable to vindicate his
honor, ho died shortly after. In less than
a year the bereaved mother died also, and
tho sister was left to strugglo. alone for a
living, which she obtained by becoming a
seamstress. A few days ago a lawyer
was called to wrilo the will of a man at
tho point of death. In this will he be
queathed his property to tho sister, and
embodied in the instrument a full confes
sion of- the jorry committed eight years
ago. Ho- was tho cashier of tho firm.
now grown rich. It was by his direction
the draft was prepared. Now, after the
lapse of eight years, a tardy reparation i3
attempted to be made. But it will not
restore life to tho dead, or extract the
bitter sting of sorrow and grief so long
endured. It is one of tho strango events
which make up the story of a life.
A NEWSPAPER AGENT ARRESTED
FOB BIGAMY.
Ho Forfeits Ills Bonel and Decamps.
The following is from the Louisville
Cbuner-JtwrruiZ of yesterday :
It ia doubtless still well remembsred that
Harry Kev, Kq., ex-agent of the .imer
can Odd l'dlaa, etc, wai a few days ,ago
held in a bond of SI.000 to answer the
charce of bitrtmy, he having in April last
married a Ansa iiulkley, of this city, while
owintr marital allegiance to another wife
in Hamilton, Ohio. The disloyal Keys
was to have been tried before Judge Craig
yeaterday morning. When the euphoni
ous name of Harry Keys was called once,
twice, thrice by tbe Marshal, there was no
response, save the echo that reverberated
along the dingy walls and over the pea of
elriDtry and wooly heads in the auditorium
tew wero surprised that the bigamist came
up niisjune, for he is an exceedingly old
bird, not lo be caught with chaff. Hia
Honor mechanically declared the bond
forfeited and ordered a capias for the .re'
arrest of Keys. But there lan t the re
motest danger of this order being executed.
Harry Keys non est, will no remain, mud
to the discomfiture of justice, vet far more
so to his respected mother-in-law, who ia
left lo pay the amount of hi3 bond.
Tl.o bili introduced by Mr. Wilson on
the loth instant in the Senate to "regu i
lato the elective franchise in the District
of Columbia" provides for striking out
the word "male" in the first soction of
the election laws of the District now in
force, and that every word in said acts
applicable to ivarsuns of tbe male sex
shall apply equally to persons ot the fe
male sex, no that hereafter women who
arc inhabitants of the District of Col u in
liia and citizens of tho United States may
vote at all elections nnd be eligible to all
civil offices in said District on tbe same
terni3und conditions in all respects as
men.
Some three yean? ago a lady named
Mrs. Elizabeth Frrickson, lost her life in
consequence of a boiler explosion on
board tho steamer Arrow, whilo on th
way down the Hudson from Yonkers.
Suit was brought by her husband for
damages, and the jury at the tinio gave
hun a verdict lor 5.i,tAR. Tho owners
of tho boat then appealed the case to lho
New ork Supreme Court, general term
and that body on Tuesday affirmed the
decision of the court below, so that th
uioiie will have to be paid.
A card from Commodore Meade is
published ,in the Now York papers thank'
ing tho public and tho press for aiding to
sccuro his rcleaso irom a living tomb
I fa refers to the domestic troublo which
was the occasion of his incarceration as
lunatic only to say ; "As tho pieces o
silver given to Judas oxplame'd the mos
lives for tho betrayal of tho Saviour
of mankind, so did tho marriaga of my
daughter the jnorning after my entrap'
ment shed all the light needed upon this
atrocity." .
Columbia Cotton Mnrlict.
The Columbia ITerald of Saturday gives
the transactions in cotton at that place
during tbe week as follows:
Harris, Frierson Co., have bought 23G
bails, at price ranging from 21 to 21Jc.
Martin & 1'ickard, Oo hales, at zi to
2Hc
John Frierson & Co., 99 baW, at 20 to
21 ic.
Col. Voorhies, 103 bales, at 21 to 2I?c,
IL 13. Jamison, 104 bales, at 21 to 21ic.
I). A. Davidson, 21 bales, at 21 to 213c
A contract for building a'Tailroad
bridge across the Mississippi river at
Keoltuk has been closed with tha Key
s!onaNBridgc Company, of Pittsburg, for
ten million dollars. '1 ho bridgo is to he
of iron and liko the ono at Dubnquo, and
,id to be commenced iu tho spring and
completed within the year.
ARKANSAS HORRORS.
I - ' ;
Atrocious Outrages by Clayton's
' miMa. -
Fiends Rofyblng and MurderiHS
Defenseless Citizens.
from the Memphis Appeal1, Dee. 19. ,
Fromoyery quarter of .unhappy Ar
kansas. from which we aro in receipt of
nows, 'he reports showa most cl eplorable
state on.affiiirs. , Tho militia, composed
of negroes and the very lowest order, of,
t.JI V 1 ...
waives, leu oy men wno are tne very
urn of the' earth, convicted Talons.
thieves, and murderers, aro holding a
carnival of brutal outrage and cruel; op-,
prcssiori that supassea belief. IV o have
already laid before our readers details of
Upham 's conduct in Augusta and that
neighborhood, and by late arrivals we are
able to give a few more details of the
doings of other gangs if anything, more
devilish evea than Upham' s in tho ad
joining regions and m tne extreme South
western portion of the State.
In Conway county, which our special
dispatch of yesterday morning informed
us, had been placed under martial law, a
man named Matthews, at the head of a
band of negroes is marauding and laying
waste the countiy around Lewisburg,
and has committed several most inhuman
and unprovoked murders. On Saturday,
two weeks ago to-day, he and his band
murdered in cold blood, on the high road
near Lewisburg, two men named Robert
i'erry and Thomas Hooper the latter
seventy years' old. The circumstances,
as wo learn by a gentleman direct from
Lowisburg, were, nearly as follows : Per
ry, in company with another man named
Jackson, wa3 driving a wagon loaded with
cotton into Lcwisburc, and when near
the town they were overtaken by Mat-,
thews and his gang and taken from their
teams. A squad of nogroes was ordered
by Matthews to take Perry to one side of
the road and another squad to take Jack-,
son in another direction, and if they
would not tell what they knew about the
Ku-Klux to kill them. By somo means
Jackson mado his escape, and gave the
alarm to tha citizens, of Lewisburg, spine
of whom, after several hours, readied
the spot, to und Perry lying in a thicket
by tho roadside, wounded terribly about
the head, apparently by blows from tha
stock of a gun, and also from a gunshot
wound. He was still alivo, and survived
long enough to givo the names of the
negroes who had shot and beat him.
Matthews, it appears, a3 soon as his
men could cut the horses loose from tho
wacron. and plunder the body of Perry.
went with his whole gang to the house of
an aged and in firm man named Thomas
Hooper, and took him prisoner. They
plunderod the house aud then left, car
rying Hooper oil with them mounted
bareback on a mule, with his feet lashed
under the mule's belly. The next morn
ing his dead body was found in the road
between Springfield anl Portland. A
gun had apparently been placed at the
back of his neck and discharged, tho
load tearing his head almost completely
off his shoulders
Meanwhile tho citizens, under the
guidance of the Sheriff, who is a Radical,
and who originally sent Matthews out oa
his murdennz expedition, are organized
for defense, and at last accounts quiet had
been restored.
In the Southwest, in Sevier county, a
"QerufJA-ttcracin-, wltU. ft'Tn'ilitii force J
ii. i . . .i -,-- vrT-.-. i'"I
rrotn me aujoining couuuoa oi jliuv, iuh
and Polk, has been raiding between
Belleville and Paraclifta, murdering men,
women and ohildren, indiscriminately.
About tho first of this month ho and his
men murdered eight men at Center Point,
and robbed their premises. Since then
ho has committed numberless outrages,
but the region is so remote that wo have
not been able to obtain authentic informa
tion as to how matters stand.
Meanwhile, will tho United States au
thorities stand idly by and allow these in
famies to continue ? Shall the country
b converted into a howlini wilderness,
its people murdered or driven away, and
their property tasen irom them, oniy to
gratify the hates and satisfy the desira
for plunder of these wretches who can
themselves " the loval men" men with
whom to bo "loyal'' is but the synonym
for license to eratifv every vile passion
that they, the scum of the earth, possess
We shall see.
Special Telegraphie Correspondenca Memphis
Avaiaccne.
Little Rock. Dec 19. Reliable infor
mation Btates that on the morning of the
16th inst., at eight o'clock, four compa
nies of militia, commanded by tray,
Williams. Roane and Matthews, the latter
company composed of npgroes, entered
Lewisbunr. Conway connty, yelling ana
shooting in every direction. Thoy
marched to the store or Bruden x casey,
fired throuch the door and set fire to the
building, pouring coal oil on tha floor.
Howard & Well's store was also Durnea;
Eagan's storo being saved by great exer-.
tion.
During the fire Casey, of Bruden &
Casev. wa3 shot down by the militia. and
his pockets and trunk rifled, the body
beins afterwards thrown into tho names.
All thi3 time tha militia wero engaged
plundering. The town is still occupied
by the militia, who shout, shoot, and
nurse through lho streets. No ono is
allowed to get out without a pass.
A few days before the raid the citizens
had organized a company to keep tho
peace. It was sworn in by tho bhenii,
who notified the authorities of his action
and assured them ho could execulo the
law without military interference.
All is quiet at Augusta. It is said that
prominent citizens are engaged in pro
venting an attack, upon tho militia by the
outraged people, fearing misinterpreta
tion of their motives abroad. "The pcoplo
desire an interference by the United
States lroop3 in their behalf.
Thore was a largo meeting at Bates
ville to-day. Fivo hundred persons of all
parties participated in declaring Tor peace
under all circumstances, promising sup-
port to tha civil, authorities, deprecating
violence, auu cauni'- oil oium .uuiivig.
hold a similar meeting.
The arrest of William Meriwether,
prominent Radical of Independence
county, by Gen. TJphatn, af Augusta, on
the charge of discouraging the enlistments
of militia, created quite a sensation.
Resnectable members ol the Radical
party aro denou ncing tho Governor for
his courso withthe militia.
Tho Little Rock Gazette publishes a
lengthy letter from a highly rcspec.tabl
citizen living near Bellcvilloin the south
western part of the State, giving a full
account of outrages coinuiitUd.by Catter-
son and bis band of lawless marauders,
Wo extract a portion of the letter.
Eoitoes Gazette : Gen. Cattcfson
with his militia from Pike, Polk, Scott
and elsewhere, after killing eight men at
Center Point, taking all tlieir horses and
tearing all their goods to pieces. ieittnem
and struck tha old Fort Townson road,
took tho west end of it to Allen Pettus'
old farm, where they encamped. About'
midnight they sent" a scout to JJear.crcek
and Rolling Fork. Next morning, after
foraging on Robert, brother to that good
old man. Allen T. Pettus, they took all
tho horso3 and mules' beUnging to th
widow, and the General and his slaffand
command took'the south end of the road,
lfiHinu- to Paraclifta from tho old line
loid. I had been living in Belleville fbr
the la3t two ysars, and on tha morning of,
tho lath I believe, I took, my little neph
ew. Harvey Martin, and the only two
horses I had. I rod a largo, line bay
ware, for which I had been offered 520U
My nephew rode my roan horse, for which
l paid ssiuu last spring, and went to Belle
Title after somo cattla I had iusfc moved
my family .to thjs place, .which, is situated.
on, the road tbe command is travelling. We
had not been in Bollevillo -more than' fif
teen minutesr.when I saw them coming.
Thinking we could geta little off to oneside
unobserved, we started in a moderate
gait; butmy iiephew's-horso refused to
go. We were mistaken about being un
observed, for they, dashed np, and tha
first thing r knew I was shot at. .Look
ing back I saw two men coming after mo
at full speed, with their pistols presented
at me. Haying been, fired at, and haying
alo heard so wany bad reports from
tbim, I quickened "my gait: Theyfired
rjpbn mo about six times, two balls pass
ing through my right lock ofiair, one
passing through my old coat and shirt,
ovpr lay right -shoulder Conscious of
having never committed any offense
against my country or any else, I repeat,
edly told my pursuer that if they would
not kill me I would surrender. They
made no promises. I, however, seeing
my chances very lad, surrendered.
Each one of them presented their pistols
ocked upon my temples, sad with-the.
most bitter oath 1. remember of ever
having heard, I was ordered back to
Belleville, where the General and his
regiment had stopped, a distance of about
three hundred yards. One of my pur
suers took off my spurs, dismounted me
and mounted my nag and saddle, saying
she was a d d good mare, and she be
longed to him. Two or three of them.
guarded me np to the- General,, who
asked ma what I run for. I told him
I ,had run for my life and property : that
if I had done anything worthy of
punishment to punish me. They
had taken my other horse and my
nephew's saddle. I told them that he
was a poor widow's son and her only boy. i
and they consented at last to let him
have his saddle and go, he being only a
boy thirteenyears old. My friend Wes
ley Tood begged them to let mo go ; that
he had known me a long time : that I
was a good, honest citizen : that I was
no politician, and was only trying to save
my herse, etc. But it did no good.
They went in and took his gun and pistol
and one of my gans that I had left there,
both of them very small rifles. They
had mounted me upon a mula, which
thoy had taken from a traveler by' tha
namo of Spencer. I had no bridle or
saddle, only a small, plow-line around his
neck, and told me I had to go with them.
Between Belleville and Paraclifta we saw
but four horses. They took all of them.
When wo arrived at town the citizens
received them as kindly as they could.
heard Lewis Norwood and William
Wallis, the only .two merchants there,
tell them that they would divide with
theai. ' "
Lato next morning I was released from
prison. .
On arrivin home my wife then in
formed me that the militia had sur
rounded my' house the day they passed,
presented their pistols at her, and de
manded how I had voted : she then ran
out and begged them for two horses,
saddles and bridles they were in the act
of taking, telling them that her two
brothers had arrived there on their way
moving, and that thoy wero all they had
in tho world, bpt they took them after
returning to the house, she found that
they had taken my gun and many other
things, together with a fine gold watch
chain..
I ha vo just learned that the negroes are
committing outrages upon the citizens
about I'araclifta.' A- number' ofi them
went to the house ofsThomat Brooks and
stripphd it of everything, scaring his wife
so' badly that her recovery is doubttul.
At the house of old Mr. Giles they did
even worse not only took tho last horse,
but even the coat off of his back. It is
all done by order of Gov! Clayton.
Through his officers I learned tha t Gen.
Patterson was a gentleman. I hope that
no person will again have the audacity to
say so. I tried him every way for one of
my horses, as the loss of them had broken
mo up, but it all did no good.
I havo been receipted by Quartermas
ter Hawkins for 171 when I prove my
loyalty. I hare learned by a very known
Radical that favoring reconstruction,
"voting at the civil polls for the constitu
tion, alone constitutes loyalty.
J. M. Johnson.
HOASTEDJTO DEATH.
A SbocUlngr and Hystcrlous Afliiir.
A man named John Britt came to
his death on Saturday night, at Wil
mington, Delaware, under the most
horrible circumstances, having been
literally roasted alive. He was a
workman at J. V. Kice Ji (Jo. s Jfnce
nix Iron Foundery, where he has
been employed seven or eight yeara.
He has been a stead, industrious
man, and not much addicted to
drink, except that he would occa-
sionall' go on a spree on Saturday
niirhts. He had charjre of the sta
ble land of the foundry, carrying
the keys;
At about a quarter before eleyon,
deceased went to Robinson's restau
rant, near the foundry, where he got
something to eat. ' He stayed there
until about a quarter after eleven,
and then went out with a man, to
whom he stood talking until twelve
o'clock. He remarked that he saw
a light in the fonndn', and would go
and see what it was. That was the
last seen of him until his children
went into the foundry on Sunday
morning to hunt him and found his
burning body. They ran for the
foreman. Mr. Harvey, who went
dbwn to the foundry immediately,
and found Britt's body lying in the
trench against a red hot casting, the
body in a blaze and one leg partly
burned off, so that there was no
sign whatever of tho lower part of
it, except the sole of Ins boot. This
trench had been dug the night be
fore arouud the, rim of a large ily
wheef just, cast, so as lo expose it
to the air and let it cool fast. De
ceased knew the wheel was there,
and saw the trench beinjr dug. How
he ever got into the trench, with one
aide pressed up against the red-hot
iron, is a mystery. Though ho had
becii drinking, he does not appear
to have been so drunk as to bo un
able to control hi3 own movements,
while he was so familiar with the
foundry that he could go about it at
night without a lamp.
The affair is as mysterious as it is
horrible. The. boily, burned of all
semblance to humanity, almost, was
taken to the deceased s resilience.
The Coroner held an inauest on it.
bill elicited no facts beyond those
stated. Britt wa3 a native of Ire
land; has lived in this country sev
eral years, and leaves a wife and a
number of small children, who were
dependent on him for support
Baltimore American, Dec, lb.
Thq Montgomery, (Ala.) AflcertUer
says that Key. J. C. Davu.ofthe Moth
odiat Protestant Church of Montgomery,
has announced his intention of uniting
with the bniscopa! Church. Mr. Davis
has been one of tho foremost men of his
church and is universally regarded as
man ofgreat intellect and piety.
The Arrio Era, a Republican paper of
Atlanta, opposes further Congressional
interference in the. reconstruction of
Georgia. ' ".'
. JUSTRESS.OR WIEE Z
Wliat Canal If Htoi a. Marriage? ArIhi-
portaat Case-Beclfled.
In tW village' of ""White Tlnina.
WeStcheat'er, County .an. intelligent
juryt aa cverjDouy Jcnows all juries
to be, ba3-found a curious verdict.
iqclaring .a woman,.to bcthowifq ;of
a nan to whom she doea not? claim.
toihavebeen married. The case is
caMIy summed tip.1- About two
years ago an 'old' gentleman named"
William Taylori whoso wife had'
been dead some years, and who had.
amassed a fortnqe set downt
S3QP,0GO, was taken oil somewhat,
suddenly,- leaving: three daughters
and ono son, who moved in the best
society. Not long after Ifr. Taylor's
death, a woman who had lived with
his family a3 a seamstress after the
death, of his wife, and who watf,
known as Catharine Aylward, pre
sented herself as a claimant for the
part of the estate, on the ground
that she had filled the position of
wifejto 'Mr.-. Taylor, and-bore him
three children, two of whom were
then living.
Ibis was quite a shock to the re
cognized heirs of Mr. Taylor, and
one of them, a Mrs. Van Tuylc, im
mediately . commenced a suit
for the partition of the es
tate, in order to test the claims
of the new wife. The trial began
on Monday, and was concluded
Tucsdaj' afternoon. Catharine Ayl-
ward? or, as she now calls herself,
Mrs. Catharine Pauline Taylor, tes
tified to the circumstances of herco
habitation witli Mr. Taylor, who,
she said, treated and recognized her
as his wife, but told her that a mu
tual agreement would do just as well
as a marriage ceremony. TUr. Tay
lOr purchased a house for herself
and children, and spoke of her as
his wife, and she introduced him to
several persons.as her husband, to
which he never made any objec
tion.
On these occasions Mr. Taylor
generally went by tho name of Mr.
Johnson, because, the new wife
says, he did not want Ms son and
daughters to hear anything about his
new relations; and during the trial,
number of ladies testified that
they believed Catharine Aylward lo
be the wife of William Taylor, be
cause in their presence he had al-
wa3's treated her as his wife. After
hearing all the testimony, and tho
charge of the court, the jury retired,
and soon returned with a verdict de
claring that Mrs. Catharine Taylor
was the lawTul wife and is the lawful
widow of William Taylor, and that
her children are the lawful issue of
William Taylor. Tliis seems an
extraordinary verdict, and the coun
sel for Mrs. Van Tuyle has appealed
the case to the general term of the
Supreme Court, where a vigorous
fight will be made over that estate
of half a million.
ALMOST A PKISOflTEK.
A. Scrap or Cnwrltleu History How
Kenr Grant Canio kelus Cajl-J.
nati Times narrates the following in
cident of the late war;
In the summer of 1SC5, business
of an important character called me
to Louisa, Ky., a small county town
located some thirty miles up the Big
pandy river. On arriving there
presented to Lol. Juimms, the com
mander ot the place, my recom
mendations, which were of such i
character as to eausemeto be placed
in one of the nieest rooms in the
onlvhotel of the burg, which was
also the headquarters of all officers.
One day I noticed Col. Mimms talk
ing with an officer of the Rebel army
who had come in and given himself
up. jSIimms, seeing me, called me
up and introduced the stranger as
Gen. Aorns. lately in command ot
Jenkins' famous Virginia Cavalry.
A few minutes' conversation was
enough to recall quite a number of
battles in which we had been mutu
ally engaged, though with our faces
turned toward each other. Learning
that lie was without accommodations
I cordially invited him to share my
room with me, an invitation that he
was not slow in accepting, as his
quiet demeanor and natural modesty
Jed him to avoid being an object of
cnriositv for the mauv blue-coats
who had .never had the pleasure of
seeing a "Johnny before. After
arriving in mv room and drinking
several glasses of water ( ?) together,
we again sat down and recalled our
hardships and efforts in behalf of
our respective causes.
After musing for a moment to
himself, the General looked up and
said, "I came very near giving this
war a different termination." Such
an assertion from a man whom
knew of few words, excited my
greatest curiosity, and I told him
that a rehearsal of that important
affair would be peculiarly interest
ing; and. lo show that I vas no't
far out of the way, I have concluded
to mve. as nearly as possible, his
O i w -
own version of the matter:
"Yon remember in the latter part
ofl8G3, after Grant had knocked
daylight out of Bragg's army by
eanturinir Lookout Mountain, for
which lie was promoted to a Liau
tenant Genarahhip, betook a tour
of inspection through East Tennes
see. At this time-1 was with my old
coinmJnd in that section of country,
and early one morning I started my
men off on a. long inarch, remaining
behind a short time to arrange some
of iny,private papers.
"In a few moments 1 lieard
horsemen coming up the road, and
to void being seen I stepped into a
heavy thicket, and had barely done
so when a Union officer wearing a
Major General's uniform, accompa
nied by three or four orderlies, came
riding past. Being alone, of course
I could not do anything, and before
I could have had time to have
reached my command and returned,
the officer would have reached the
Union camp, which was only about
three-quarters of a mi)e from where
I was. Thus the game slipped
through my hands, and I soon after
ward learned that the officer was
Grant."
The recital was enough. I agreed
with him, and the query naturally
passed my mind as to -what would
have been the result if Gen. Grant
had been captured, and I was pre
vented from having a fitof hysterics
by remembering that we still had
Sherman, Thomas and Sheridan.
A.ciais'baildin in California for th
first through trip.to New York oyer the
CaciGc Railroad. The finish ' is" to be of
Pabforni. lattrol.
mMmssLTiMffiiw
Gr O Q' Tm
FOR THE
M I L JULCOr 1 !
.b. ... .
Hi
THOMPSON BROTHERS
SUMMER STREET.
HAVE STiUSTj OPJ3NHD
se-r
FROil.THE ,
GREAT AUCTION SALES
IN NEW YORK,
EXTRAOEDIHARY.
BARGAINS
IN ALL KI5D3 OF
DRESS GOODS,
1 - StvIwIiE-S ,
New Styles Paris Cloaks,
Elegant Paris Shawls,
Beautiful Fur Cloaks
Brocade Silks at &25. worth
$50,
Melange Poplins at ,37 cents,
worth 75 cts.
Kept Poplins at S7 cts , worth
$1 00,
Embroidered Poplins at 50 cts.
worth $2 00,
Poplin and Merino Plaids,
Beautiful New Prints,
Rich Sash and Neck Ribbons,
Elegant Sable and Cheap 1UT8,
Bargains in Hosiery,
Bargains in Gloves,
AH Wool Flannels,
Cheap Canton Flannels,
Fine Bed Blankets,
Astracan Cloaks
Children's Cloaks,
Cloakings of all kinds,
Bleached .Muslins at N. Tork
Prices, '
Etc.,
Etc.
Kto.
All of which will be sold
greatly below, value, as we
have' determined to
"BUSH THINGS."
THOMPSON B10T2
Hext St, .Cted KttotJ
dtclO eodtf

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