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THE PALMER CASE.
The Verdict Set Aside and the Indictment Quashed. tho Bupreme Court Decides Palmer's Conviction Illegal, but Orders His Detention in Custody for Further Prose cution. Nctwithbstacdlng the length of the following opinion. reed In the tuprevro Court. yoeterdny by Justice Levy. we give it, In full to the public on account of the general interest at tached to the points involved: We. .$5IN-Mtate of Loulslana vs. Edward C. Palmer, Appellant. The defendant. Edwari OC. l'almcr. was in dicted, tried eounvieted and sentone'd to tbro'n years lm lpt|(oanlitt. at llaidi labor on the abarse as set tort l In the two ,unlts or tho indictment: first, that "ling the orrceiunt of a bank chartered by tlhe t.,at of Loutsiana. to bit: the LoulPlsiatal Hitlgs lnllk lnd Safe Depo.lt Cotpany. and Iatin.( as such. folon iously kntowingly anld willfully did wronagllly I. ii, lDOtse of. conceal and otherwise em estle and convert to hib own uIe certain loney, to wit: the sum of $47.437 34 belong in to e said Louisiana taviIngs Bank and bate D1) it Company." Second-That, being preil thesaid bank. etc.. and acting as such, .Id"'feloniously. knowingly and willfully fuy use. dispose of, conon and otherr S tlrle and convert to his own use" the torsaid Sum of money "depositied in the said liusiana Bavings bunk and hbalto poslt motion for new trial having been denied motion in arrest of jundment overruled e aoused was sentenced ts above statetd, and appealed from the judgmont and sentence t oourt. Sdefendant, during the progress of the . filed five bills of exceptions to various aens of the court, and matde an assignment errors and additional and supplemental as men t. .hfi.t bill of exceptIons is to the charge of the court on the rwclest of the defendant to in o.ret" 'That it the jury find from the evidence that th money from the Loutlsan, Savingos and afte Depotlt Company, whether bo onrn to the bank or composed of the depos s. u. nder the mode of doing business ob 4t-td in said uank. Intrusted to the c(ashier, or Iler, or some offiear of anid hank other than e resident, and that. In tolnt of fact. the do antnever had control or possession of said monel, he cannot be convicted of having t n Itased or converted said money to his own use. l essential to 0 natitute said embezzle mhetor conversion that the money, the s.cltj(, of the charge was in his actual possession or Smtori,. and intrusted to him as president, and fo bein in his custody or possession eas ur.l t was embtvaled or convertld by him." Te court refused so to charge. on the ground thlt it its opinion, "the actual personal ons of the funds was not ssoenthil as a b(iis i art crime charged." On the rquoest to in Iatrt that "the cashier of the bank is Pro miped to have the actual custody and toss'.s lion of the money of the bank, whether the lOney belongs to the batik or reprtstnti its Slposite, and the president is presuoed not to at possession and control, and the jutry mnet accept and act on that presumption un It is removed by proof." the court oharged: The.uetion of actual custody does not so-m afft the issue. In the opinion of O uurt it ls immaterial whether onds of the bank were In e poesesasion of the president or the eastler," e defendant requested the court to charge . r in his behalf: "That if the jury finds the testimony adduced that the m onty the defendant Is charged with having ed or converted to his own use was ob by overdrafts on his check or the becks tirm, . O. Palmer & Go.. then the jury s truoted to find that the obtaining of Iotery by said overdratt3 was neither an em emlementby defendant or a conversielon to his g07 lM _"1adthe money belonoing to or com NIE air. the diQolta. ~.ald -baik." The -onrt to lve such charae for the reason, "the on t O fact before the jury is not merely the scnused obtained any money by Overdraft. The question is whether he em . e or oo verted to his own use any money nS a to the bank or deposited therein." he urt Instructed t b jury "that if Mr. im qrew on his individual aoouqt on the St.t hth of June. 1879. or any other day. tQ that account a proper credit in his Sand transferred the amount of his check St redit of his firm, It was a legitimate on: provided that the bank sas the n int :.. r in'couries of business." The seoond bill of exceptions is directed to or.ng of the court refusing to instruct the rjl t the actual custody or pRossession of e money in the presldent. and entrusted to as president, was eejentlal to constitute iembezzlement or oon' ersion charged, and 1 4e cashier is presumed to have the actual tod7y oand possession, and the presildent is .¶unmed not to have that possession and con 'pt rid this presumption must be removed by '.third bill of exceptions is to the ruling of the court on the request to charge the jury that ''g e having proved the charter of said ander the laws of this Stat;e: that on the Stwet-lth of June 1879 and for years pre vloos, the defendant. 0. klmer, has and had een p dent of said bank: that on the twen yeigh of June, 1879, the deposit account of Otd 's commercial firm of E. C. Palmer & with said bank was overdrawn in the sum of T7,487 St, the amount charged to have bn embezzled in the indictment. said gedratt on the check of said firm t Sbeen made while defendant was sdsendt of eaid bank: and that the de dant aviproved that these overdrafts t run throu-h series of years, and that the money he is charged to have emb zzled and ajverted to his own use was obtained by and hroh the cheeks of his said firm. and ored- t tedlto his aid firm in their said account. re -ultinagin said overdraft. as appears by said a, cad that interest was charged ,y arilt e tl said account of E. O. Palmer & Co.." a thatif the jury finds from the tastamonyr Sdduoed that the money which the defendant is d aged with having embezzled or converted to -own use was obtained by overdrafts or his eek, or thehecks of his firm, the obtaniing O- mopey by said overdrafts was neither an mnbelement by defendant, or a oonverslon to P hi own use of the money belonging to or com- o M! the deposlts of said bank. h aUU Ivuruu uJu 01 ecteVLtvu0 wts, uaun Lto the ruling of the court permitting the testi ny ofi J. s. Walton. the cashier of the bank. to bevn. as to his (witness) having, under the tireotlon of the defendant, made certain tria to profit and loss account on the boots the bank of the following items: W. A. Van orden's aoommodstion note of E. C. Palmer o..siooo:; W. A. Weed. $10t6 52; W. A. Van otden's accommodation note of 57528 50; and said entries were false and improperly e. and that said E. 0. Palmer & Co. got the eft, of said obligations, and that witness s asked to make said entries stated . ' palmer they would not look well, but SPalmer insisted upon their being ade, and they were made on the tbtZtieth of June. 1879, but credited as of the twenty.eighth of June. 1879. and that said bank was then in the hands of liquldators. Defend ant objected to the reception of this testimony on the ground that the alleged false entries had nooonnection with or relation to the offense Charged. but this objection was overruled by the court, and the testimony admitted to show intent of the accused with reference to the ffease of embezzi ment charged, and the State trOving afterwards that the account of E. C. almear & Oo. with the bank was overdrawn on te twnatp.eihth of June. 1879. and that on June 20 or July 1. 1879. he drew his check for the amount of $aI 938 13. an amount greater than ala overdraft, said check being drawn upon Ed debited to account of E. (. Palmer tn ' vidually, on which he had a credit ot $55ooo0. te amount of said overdraft being admitted. and the testimony tending to show intent. The fifth bill of exceptions was to the ruling e. the court admitting the testimony of J. C. Vgan .by whom the State offered to trt.ve that . accused. B. O. Palmer, the president of the bakhad stated to witness that the Louisiana arlnvis Bank and Safe Deposit Company was t good and solvent; that there was no po-sibility of its failure; that if the witness, as Attorney t Qeneral, would give time a judgment of the t for tates against the bang would c paid; that these statements were mande to procure time for the bank, and c that a short time sattr the bank failed. , This testimony being cffered to chow conreal ment and intent, and for no other put p ,se. Thedefendant otj-cted to said testimony,. on the round that tne testimony was wholly Ar- t rlevant to the charge on which the prisoner on trial: was calculated to excite the p,'ju- t of the jury against him. and to mislred 6 divert their attention trom the issue made e h Indictment. defendant after conviction and before d omtenee filed a motion in arrest of judgment 0 unds: That the indictment is bad for e !Wteis l that the theor maintained I the Bevised Btatutse.t (tton e50) under which the defendant Is indioteo oreates two distinct offenses, embezwlement and conversion, the court maintaining in its charge that because of the dlstinctnees of the offenses it was not nee. essary. in order to convict, that the jury should find the prisoner was entrusted with the funds he is charged to have emberzled, and that if this theory announced by the court be correct and was adopted by the ury,. though controverted by the defense, the indictment Is had for duplicity and two dis tinct offenses are joined In each count: t bat on i this lthory, maintained by the court, the in ditlmrent is trad forr duiloIlty, as It loins and combines the olTnees "did wrongfully use. dis. nost of. conce.al and otherwise ernbrzzlon arol convert to his own tse errtain monrey:" anti hei contends that the otflnctos of wrongfully using. dlisposing of and conocniling, bting erch dIlH tinet antd dlitTorint as well as distinct anrd dlf fIreut from the mnh'zzlrirmentt anil conyv rslon btlarges, and that this di tltotlnctl is rrcognir "d In sctlions oitr, iand 1('17 of tlhe lRevited Stlot lltes; that tie lutndl tmrent rcontains no srffinlinnt. r dscription of the monrv whblhh tho derfindiant i.s Iharit' To hrive emhtblzzrl td, conlvertled, usrndl. dilsprrorrd f ailnd cron'orlit'l, wtilihI I ht law ro Oultrs to Ildriintify the ifTerniN.. to lrottetdi fi rrlrdnt, froml t seIond pr)irosection alnd to make I he c(haltrgo eorrtul; that Ithisie defe.ets and insDllffitrlrle ln arin :irrtrrt r lal and srtlhstantiltt. I and irrt crred by ptle., trial or vy rdflnt. Int his stnomonrlrtal ilitrloi in arrest of .dgmin ent the drtllindlant urie'H: tit it t. if on thl other hliInd, the indllitnrlr t connln.tlrns tilt one offTonseo. th'rc the samr is fialtily Irf.ctiveI'l. beraIuse no oitJrnsn kntown to tho ltw is tihorrlti doeri itt-d. ThIi iolltionth In arrest of jtliudglilnt w'rer ovirrulrr d by tihe court on tihu griound, atl to the pointlts raisred that, two dirstin'ct and rifftrint. rITrinRnsr. r'nth' tzlrment and wrong fill conversion are joined In eat'h count, of the intlt.lrlout.. tr was "too iate to raise that ullinellon noti It, does not allft.;, the wirth of the vordict." As to the point that there was no sutfittlent deriliptitn of toe money the coturt held it. to be suffltulent. and also held, as to the point, raised int the IppUlo mental motion in arrest, that the offense Is clearly defined trnder the la;. The defendant assigns as error the charge given by the lower court, the refusals to In struct the jury as requested by the defendant, the admlssion of the testimony of J. 8. Walton and J. 0. .Ean. antd the rullnne which were ex nrjited Ito and to which bills of oxceptions were ftlrd by dtefendant. This court is not called unon. nor Is it within I Its province, to dwide tupon the guilt or inno- 1 confee of the saceused. It can doral only with the t application or opuration of the law to a given state of facts embodlied and admitted in the hills of ex, options certifled by the lower court. In ell prosecutions for the violatlon of the laws I of the State. the utmost certainty and distinct- I ness of pleading, the strict con-'rrution of penal statutes according to the usanl and rea- I sonable meaning of words and terms, and the I admission or r'jrcotlon of tetnimony ar.ording to the rules of pleadinl and law of evidtnce, are I required. In his charge to t the jury the judge of the coulrt a qiua daRclartid that "the lndictment as framretl under section 907 of the tovlsnd d S'atutl. of the State. which rrovidns thalt any t pLroesldent. cashbler, telltr or other ofioer or person enmployed In thn nervire it any bank I charte.ed by this State " * " * * who I shall knowingly and willntllty emtbu'.te and convert to Iis own use, or shaIll knowingll aid and iablot any lperson in emit zzling or collnvrt- c ing tto his own use any mroniy beloningg to f suclh ianik or depiosited therein, shall on con. a viltion btr imprisoned itt hard labor not more nI thin srven nor Ilis than onie yearr." It is true that In bith counts of the Indlett montli the detrifolJanllt, Is ch.rged with "ombr z- s zlIing and convliting to his own unsit" in the I IIr-t count tfleslrt ctlliiargt are as to money H t/elontintlg to the banl. antd in the stoind, coulint ii to aoOtiey 'o"dlposlit'd" therel i. HSetlon 917.. I ittrvlsed Htatutiis. denounces the offenses f Iem- i b, /llng or converting to his own use. by " r- ti tahI hank oflicers and rmttiryes. minllny ilthrr 0 belonging to or deptosllted In tho bank. We H think that under this section, on blrllnuing only R the bank ofMl'ers and employes d'tng natrd rtlerein. the allergations of smb'uztlng tl money belonging to tile bank or depsllted In It. it would embrace is an inlredient essential to constitute the offense, the conrersion of such h money; that while embezzlemen" in Its very es - sence Includes conveision, without which con- h versiou embrzzlement has no exittence. con version does not Include embh'loenient. Under tt thins section. any ro the ofmHers named might li be proseculted for knowingly and willfully con. b: verting to his own use as an offense distinct at from embezzlement, and while, as we have a stated, conversion is necessary to etmhenl e- ot mart and Is an ingredient of the offense. di charging both embezzlement and convrrslon at conjunctively does not render the indictment Rt obxoxious to the obje.tion .ef either duiol tty a or unoartainty. I Bishop on Criminal Proceed. Ines, section 436; 4 Allen 80i5.15 Ploi. 27. " We are of the opinion that in prosecutions at under section 907. Bevlsed Statutees, it is not d necessary that the indiotment should charga P that the presldent or other officer as bei in bn the aotualoneutovr of the money charged to hr have been embeza!ed or cnaverted. In that sec- d tlon. which applies only to bank officers, the d Ingradient ofloustedy. osseession, or being in- a trusted with. is not mentioned as areurnisite to tt constitute the offense therein denounced: while a in other statutes, by which embezzlement by 01 persons or officers other than those peclally dl designated in section 907. these conditions are cc expressly made elements of the offtnse. We or are also of olinion that the descritton of the ti money as contained In the inditmrent. being a t' general allegation of the amount and thu thing. bi is sufflicient in a proceeding under section t907. to as provided in section 906 Revised Stiatultes. t The indictment in this case. howev r, does a8 not confine Itself to set trloun 907jlt-vlsrd Statutes, ar and it is diffloult to perceive now and wherein of it is framed under that section. That de- nt nounces the embezzlement or converseon of l money belonging to or devosl'ed in a bank by " certain officers of such bana: It is lmi od to u those two offenses. We think it may he safely w assumed that in contmvliatlon of tha stiatute al each of the several officers designated therein w was entrusted with the custody, keeping, care T or possession of the funds of the bank, and tl undrur that section could only be prt s.cuteld o criminally for the commission of the offenses of embczzlement or conversion to his own use. i Sectlou to0, Revised Statutres of 170, under tt title"0rlmt' and Offnsns." heading"Embiez- b zltement or Breach of Trust." oreates other atndi w distinct offenses than those contained in eeo. - tion 9t 7; it reads as follows: fe "Any servant, clerk, broker, agent, con signoe. trustee, attorney, mandatory, deposi tary, common carrier, bailee. curator, testa mentary executor, administrator, tutor, or any person holding any offlce or trust under the i executive or judicial authority of this State. or in the service of any public or private corpo ration or company, who shall wrongfully use, ditpose. conceal or otherwise embezzle any money. bill. note. check, order, draft, bond. re coipt, bill of lainug, or any other property which he shall have received for an other, or for his employer, princi pal. or bailor, or by virtue of his office, trust or employment, or which shall have been entrusted to his care, keeping or possession by another, or by his employer. principal or bailor, or by any court, corpora tion or company, upon conviction thereof * * * shall suffer Imprisonment at hard labor not exceeding seven nor less than one year." Tnus it will be seen that in this indictment there are grouped in each count the off mses described In these two dlf. ferent seoti.ns which define different and dis tinct classes of ofl'nses. While embezzlement necessarily includes conversion to his own use. neither embezzlement nor con version to his own use necessarily includes every species of wrongfully using. disposing of or concealing. Section 907 de nounces the < ffense of knowinglv and willfully embezzltng or convertingto his own use money belonglng to or deposited In a bank: section 905. the offenses of wrongfully using, disposing of. concealing or otherwise embezzling any money, etc.. which he may have received for another. or by virtue of his office, trust or em ployment, or which shall have been entrusted to his care. keeping or pos0e ssion by another. or by his employer, principal or bailor. or by any court, corporation or company. Bishop on Criminal Law Procedure. sees. 328 et seq.. in State vs. Adam et al. at A.. 717. the court held: "Several offenses, distinct in kind and degree, cannot be included in the samecount, but this rule does not apply to cumulative offences denounced in the same clause or section of a criminal statute. Such clause or section may, and often does, en ime rate sev "ral offences linked to the same acts, or enumerate disjunctively the intent n-cessary to constitute each of the offences. and in such case they may be charged cumulatively in one count." ntate vs. Markham. 15 An.. 49~; 40 Maine. 592; 36 N. H .359. We think the indictment. in both Its counts. is bad for duplicity and defective for uncer tainty. As to the obiections above discussed, urged in the motion in arrest of judgment, it is held by the judge a quo that they come too late and are cured by verdicts. This point is determined by the character of the d- fuc.e which are alleg-d to exist. i. e.. whether they are f rmal or of sub stance. We are of opinion that they are defects of substance, and not of that cl:,sa and descrip tion covered by section 10o Revised Statutes. and by section 1064 R-vised Statures. objections to which should be taken by de murrer or motion to quash before the ji,,y is sworn. In State vs. Delerno. 11 An., 648. the cour- held that where the itdictment is for selling liquor to a slave without the con sent in writing of his master." when the s,atnte dennwpces the offense of 'selling wi'hout the consent in writing of the owner. overseer or employer." the de*ect was one of substance and not of form, and was not waived by pleading to the Ind4lsment nor aided by verdlot; and atoc regarding It u a formal defect, considered that the motion in arrest of judament on that ground should have prevailed. The deooleons in 5 An., S327 t10o An.,29, 20 An.. .17 401, sustain this view. ¶The defendant filed exooeption as to the ad I missibility of the testimony of Walton, he be. Ing cashier of tae bank. admitted to prove that t he ma'os erlain~atrios to profitandloess ae ,nt on the books of the hank: that said entries I worn made under the direction of the defend ant. and that they were false and Improperly made and that E . .Palmer & Co. aot the I heneit of said obligatlons, tily having been - discounted for said firm and the proceeds I passed totheir credit IIn the year t174. the date of these otligations, and that. witness stated to I defendannt when asked to make these entries .they would not loot wll, but defenldant. In selstnd they should hb manlo, ait they were i made on the thirt.lith of June. ,.7=93. but oredited - as of June 2. ITH,. altd the hatnk i was then in the hands of Iluldators. Pt'foud I ant objoeted to the admission of this tesltilony on the around that the alleg.nd false ontrets t had no connection with or r-latiotl to the tof Iense charged, but the court ov. rrultd the ob 'ctionri and permin.ltted thei tostimonv to ibe given to show the intent of the n-ul-ld with Iiefr onoe to tlhe tiff- of -nitmbet7 ,rtlltt chRatlCOd i the Indlitrn.nt under which Io was bintg t, lo-t. Of the, like ntairo il the otptetlioln it: ti ,it!d itn the hill of eaxaottlt ns to th, ttitntsst.It Iby ithe court of the testimony of .1, (, Egan., F+i' . who was ofTir'd i by the troitntion to Provo thit. the ait'('uwed 1c1t ld stated to the witInesio s thait tihe bInk of which he was preldont ws uood, and solvent: that there wvas no p()ssitllty of the failure of odd bank ; Ohu f't th wit nes. nas Attorney (]nernt. wouldi gi. timte a jtdg mnlunt of the HState for taxs asitlnst tihe l,t lk woulld ibe taldl: thaet Itih ti etntr.tettintS wot'r nlade, to procure tulne for the bitnk, tind thatl a short time Ihereafter the bank fillet ; thisi tes tim ny hol tg ,tffered tO sihtW otnw.anilmiont and lotent and for no othtir turllrsn) The d ud ant otJ,'jCted on the groinnd that the testimnlony was wholly Irrelevant to the charge on whi'h thle rtirner was on triaJ. was ctlealatted to ex ct rjud of the treice of tle jury agatlst him and to mislead and divert their attcntion from the Isiue made by the indictment; the court overruled the obction and at llowed the testi mony to go to the fury. We think the objie'tilons of the defindant to this tostlmony of both the witnesses Walton and Egan. were well taken, and should have boon sustainedl. The facts offered to be proved by therng rnepc tlvely, as to the alleged false onntrle by Wailon and the declarations of the aecusnd to Egan as to the solvency of the bank at. the time the conversation between them took place have no such direct relation to the offense charged its to connect them therewith, and are not. uch part of the ris Ve'ta' as render thenm admlissibll to irove the Intent of the aenusnd, existing at thei tlim the offense is laid in the Indictment. liBing then irrelevant and wanting in such direct connection they were calculated to operate to the prejudice of the sanused on the mlnds of the jury, and affect Its menlmrs in juriously towan di him by this Interpolation In the issue they were to decide. The other oldRctiOts are to the renfsal of tho court a qua t. charge as rutenetend by the do. fetdant, and to the charge as given in regard to the law as appllcable to the proof madel by tihn State and thedefendant in relation to thenx istoaoe of an overdraft by the firm of E U. Palmer & Co., of which flirm the de(.n(dant was a membehr, of the sumnt or 517.437 34 iappaingit oil the itooks of the hank tot he dtbit of the tro'otur.t of[ slt Itrm, nd tlhe drawing Iby lthi tno fnlttanti of his ho(ok on his Itlilvllinal ac('ouint In said hank for $8a2.938 I, defendant dlireting said t'hock to he creditedi' to said firm's aRoeiut. whitih was done. thllorthyt ain.lanng said firm's atm.onunt. atIn that wheu samd check wias drawn by defttndtut andl croe it'd to saHti itrm',s act'count. sthl hantk had ro solved on lilnldatlon and aRldted l iquidatorts. thti bank having consad to rcn'lvwt dtn'A,trit on the twInty-olghth Julne,. '?T1J, lup to wit h Ilnme it did business. and sald chlook was atiti!d on the twenty-eighth of ,lune. 1is7. though dra'wn on the thirtlrth orf .Jue. 1i7i: that . t ihe time said ov.'rdraft exist I. aitti wheni tile molley was obtained on the overai tft. defendanti hial a credit on his Intllvltial tideotlat alcctttitt with the bank of $55.299 2,, on which individual crn,dit salld chock wasi drawn, and thn' It was deallied to his said individual account ; that it had been agreed upon by thn bank thn.t I it should allow interest on the said orn.litt ait. 1 Dpr cent from July 1,1s874. nuI that like Inlteroeat had bieen charged on the overdrlawn accoulnt of the firm that the money oetnrged In the Itdilct rnent t have been embezzled had tod n ohtaluced by and through said overdrafts. In said delttnsit account of said firm ;that they had run through a series of years, that no money was paid it, or obtained by defendant on his said chcck. Iut t defendant directed it to be credited to the II rm's t account to balance the said overdraft,. etc.. ia 1 stated In the bill of exceptions and set forth In a preceding portion of this opinloion. The judge a queo In his charge ruled that "If Palmer and Palmer & Co. had seovarate accounts with the bank, and it was un derstood with the bank that as to drafts by Palmer.or by Palmer & Oo.,said aocounts should be treated as essentially one account, there can be no doubt that an overdraft o'n one account might be offset by the other. If Palmer's In dividual account was really in his favor he had a right to draw to thts credit of the firm " Also. that "it a check was drnawn by the accused upon an account lawfully to his ciedlt and wnas placed to the credit of any other account at blh discretiton. there can be no doubt that there could bhe no embezzlement In such chr oking and S crediting. The vosltton of;; the aR'ouutl and checks are matters of fact before the jury, and t"ey wilt ouselulder the olrcumstancea is discliosied by the testimony in coining to It conelution ias to their verdict ' The court furthr lustructed r that if defendant "drew on his individual account on the twenty-eighth of Jiun. 1879. or any other day. having to that account a propter credit to his favor, and transferred the amount of his check to the credit of his firm. II was a I legitimate transaction, proidtd thtl Ithe bat;,: a was Ithen in the r'e.ldar course tof bl,sin(ess,. iand I unless there were some Interveing tcontract with the bank, or regulation of the qbank cttlyv aler t to a contract. comtensation 'or st off would be legal under such circumstances." a The def+ndaint excepted specially to that por. tion of the charge which contains the proviso f or qualifloation in italics. We are of the opinion that the court erred in f making this proviso or qualification; that if Y this rglaht of compensation or set off exlisted. based upon the Droolf as recited In the bill. It was not affectd by the proviso or qualiflcattion announced in the, charge, andti if not thus af feoted the charge as glven was calculated to prejudice the defendant with the jury and affect ls caseto hls Injury. The quallfloatlon and inroviso is inconsistent with the enunciatlon of the law as made by the judge a qit in previous portions of his charge, and was. in our oplnlon. in itself improper. and. thorefore. prejudiclal to the defendlant. We think It proper to model our decree here in according to that rendered by our prode cessors in the case of the 8tate vs. Crtls., 3oi An. 81l: also Htate vs. Morrison. 3o An. 817; 8tato VP. W!illiams. 30 An. 1028. It is therefore ordred. atjtdgod and decreed that the verdict and sentence apeatled from be set aside, and the indictment quashed as not gootd In law and that the deflentdant remain In custody. subjct to the order of the Buperior Crlminal Oourt for the pcrlsh of Orleans, for further prosecution accordinu to law. THE LOCAL DEATH RATE. During the week ending Sunday last the total number of deaths in the city was 114. or 28.22 per thousand per annum. Of these there were at white males. 30 white females, 18 colored males and 15 colored females; 21 died in the Charity Hosoital and 13 certified to by the coroners. There were 70 natives of Louisiana and 14 of other States; 6 Frenchmen. 6 Germans and 9 Irish. The main causes of death were: Con sumption. 16; measles, 4; malarial fever, 4; heart disease. 5; debility. 6; bronchitis. 6. STILL PAYING WITNESSES. In the case of the United States vs. M. J. Cun ningham et ale.. better known as the Natchi toches case, which was tried last year. the gov ernment has found a witness who did not get pay for attendance. and yesterday on motion of the United States district attorney the marshal was authorized to pay Cleopha Guillot $13 50 witness fees. THE SURGEON'S OFFICE. Dr. Wm. D. Vance has been appointed assis tant to Dr. Austin, marine hospital surgeon at this port. Messrs. J. A. Bletry and W. C. Harwicke have been put through the color test and granted the certificates necessary to secure their licenses. ANNIVERSARY TESTIMONIAL. On Saturday last that popular and talented photographer. Theo. Lillienthal, celebrated his fiftieth anniversary, and upon that cccasion rtceived quire a compliment from his em tloyees. In token of their atraeciation of his unv rying kindness they presente- him with a s )lid silver wat-r piner, fit t ) aderan a mon arch's table. Or couroe the reclpient of such a comrliment did the handsome thing in ac knowledgment. and there was at least one hapny household that day. SELLING OUT.-In our paper this morning will be found the advertisement of the well known dry godds merchants. P. & E. Michel. st Magazine street. A aanee at their oard will prove of interest to the ladles up townf A THRILINi G EISODBE. A Night of Storm on a Raft in the Mississippi River. Th following graphioaocount, by an ator In the drama. of a rough exptrilnoce on the Mia Rissipt, has been sent to us. and we reproduce it textually: NA.T'Iua. Miae., April 17. 19o. To the Editor of tlie Democrat: An lifr Is la.rgely nrmai u p of ovent., .pisodoe and cirtnstrottotow. we thought your many roadeora might fe Interested in tho lollo WIng: On the night of tho, lift-.onrtk inrtant, four man, engaged in rafting tinber)l for (Cart. Wagnr. of (Ja rlltor. fLi.. wero rudel i nrousld from their gentlti riiulrght s~lrllbrst byi th lir ro howling of ta mOot fur(omus Wtindtornl. iuccorim iiiihd by ithe roaring of inldly, iirhing waters, Iorriblo thiudor nidi vivid Itfhtning. kfpringing. w!th the amnorilty of rnio.i who know tholir (talger. tilc'kliy from t.hoir dlrollty orprono to find them slvey afnitat Uponl the rnad watera without helm or ou,r. you mrlay roladily Imalrgtso whlat Itholr footinha wOrF. It did niot, ralrl, i.t tour'oedi; and, oxe 'ot when thell Ilghtninirg atohlid the darknTIs wa Wano Inl tinaeR f, ('it could almosII t hen felt. On aurlc Ilaght. anid ru.der snuchi vrcuntances. Ita raving Inin would hallv prhayed. WO raftsmLln foundl no time for devotion.; wo wore tryinllg to uiH all the meanns t~,Iltio for (1io4 prrorvtltilon of this ilf.. not thinking of thio noxt. We soon found ouroslves out on tiho hroad wators of the now raging Missilantotl. 18.. tins of ryprorss timber undeor ia singln spitco only our craft. llable at any moment. to he daIIhd upon tih shore or torn Iunuld r on snagr. It wils a time. Indoed, to try mon's Poniili. J)aylIght found us nolr Nateihrz, and theim tlug. J.1. O'Brien ut us in auto harbor. This men upon this rn, l woro Mr. J. SI. ittullig. foriieman f.r Capt t. Wturglrnir; Mr. Wllcox. and Mr. Wmin, haw. ir.. ill of Noew Orloiun. rand your huntilto servant. A. BIRUUE STUART. Of Hlcklman. hy. T1 'HE LEVEES. .1 The Latest Intelligence from the Dan in ger Points. t. The news reio(veld at the Mtaten-House yester Stiday from the thn.rpo crevasso was to the ?oeot. to that the lower dam had been secured, and the . volume of water rushing through the gap wan a proportionately dr.'reansed. Work now is con ,entrated on the upper dam. and It is expected . that a few days will se, the work completed. In 0 this connection Mr. Pandely yesterday Rent the " following dispatch: CinCvAalss. April 19. is No change during the night. Lower dam Is tands better Oeven than I anltiipated. Land t high and dry, e oxt t that portion nonr upper (- lam.* (Oommnrn'o d work on liltd t,,x of lower Ii dam. Never felt more eincouraged. 3, PANDELY. The news rocolved from thil Collins crevatso u is also encournagng. thotugh it does4 not aIL)Ioiar that much work Ilhs yet b(Uni niecompllshed. The following was revclved yesterday from As Ssi|tant Enginoer Lbewis: e TotnBoAnux. Atpril I. SGov. L. A. Wlltz: n Ends of lovee secured. CrovaIsse hias not en " larged any. Fortte' well organlzd.1 ansd work y well secureld and very sa'isfacIory. We have S1(good workmen. and are diuly assisted, as greatt I ntorests are at stake. We will close it with dirt LI taken from the publ0ic road. 8. t Work is progressing favorably at Pointo-a-la r. Halhe cretvasse. and a few days will probably Ssee is entirely afeo. The planters around are lending a willing hand, and the work Is being condutted under the suporvislon of an employe I of the entginers' ofil.n. About two miles anti a half hlow Algiers at the 1 Convent place. In the neighborhood of a rice r flume, tihe water colmmenced to tour through into the lands, but promiot atten tion averted what might otherwise have been a disastrous flood. There are 1 many weak points reported down the coast. and the water Is menacingly hihh. Tie h( avy fall of rain yesterday did not tend to allay ap : rehenston, and the levoofront yesterdtay even Ing was clo:ely watched. THE COTTON EXCHANGE. t Proposals Received for a Building Bite for Our Cotton Men. Agreeably to the notice published In the 3 DErMOCtAT. the Exchange mot yesterday at : D. m. to considor the propositions for a building I site of tihe new Cotton Exchange. Mr. Wm. Cununingham presided, anti Mr. Henry (G. Hester acted its secretary. The following two propositions, out of several offered to the dl rectory, were presented to the meeting: PRjPOSAL FOR TIHE SRITE OF TIHE DENMAN PROP Terms and Conditions of Sale of Denman Property.-Price - ; one-fourth cash. buat ante In one, two and three years. with interest at tihe rate of t per cent per annum. Privilhgo ' given the Exchange of increasing the payment or ,f extending or diminishing the time ptty ments at ira option. The property-holders on and near Carondeiot street agree to donate to wards the above purclaseO sums aggregating 531.150. ono-fourth of which shall be taid In cash and the balance In individual notes, sat!H futctorily Indorsed, running one. two and three years. with interest at the rate of I; per cent. PROPOBAL FOR TIlE SAIE OF THE UNION STREET I'ROI'IERITY. Terms and conditions for sale of Baronne and Union street property.-Prlce - . One third cash: balance In one, two and three years. with Interest at the rate of 8 per cent per an num. The property holders in the vicinity agree to donate towards the Ltirehase of the above. in cash. sums aggregating $25 tnOO. N B--The Denman property measures 121 feet on Oravierstreet. seventy-six on Caronde let and seventy-nine on Variety Alloy. The Baronn shteet pronerty measures 136 feet on Union street and 15s on Baronne. The meeting was largely attended. Mr. John Chaffs ably advocated themerits of the Baronne and Union streets property, and Gen. Cyrus W. Bussey and Mr. John Phelps equally as well favored the eligibility of the Denman property. The sentiment seemed to be pretty evenly dl vided on the subject. On the twenty-sixth in stant the question will be decided by general ballot. ACT NO. 93. A Prayer for Injinction Founded on an Allegation ot Uncon stitutionality. Yesterday the board of administrators of the University of Louisiana. through their counsel. Messrs. Kennard. Howe & Prentiss. filed a peti tion in the Third District Court. asking that the Governor, the State Treasurer, the State Audi tor. the Attorney General and the board ap pointed,by the Governor on Saturday last. under act No. 93 of 1880. be restrained from executing said act in such a way as to certify any claims thereunder. in such form as to declare them re ceivable for taxes and licenses due prior to January 1. 1879: from funding said warrants into $5 bonds; from receiving or causing to be received any claims certified to under said act, or in any other way to diminish or impair the rights of petitioners. The petitioners represent that they hold State I warrants drawn in the years 1878 and 1879, . amounting in all to $22.018 35, and that they were valid and outstanding warrants at the time of the adoption of the present constitu tion: that a constitutional ordinance provides that said warrants shall be receivable for taxes and licenses therein described due to the htate .rior to Januaryl 1,79; that they may fund them in five dollar bonds at three per cent, and having six years to run. and that "all moneys received In the treasury for all taxes and licenses, except such as are otherwise provided for by this ordinance, shall be set aside to pay the interest on said five dollar bonds, and to E provide a sinking fund to redeem the same." The petition further states that the meaning of this ordinance was t ) provide for the fund ing of said outstanding warrants in said I bonds, and alo to provide a sinking fund. Petitioners allege that the Goneral Assembly was in violation of the constitution in passing act No. as. which is entitled "'An act to carry s out the provisions of article 1 of the ordinance a for the re'iet of delinquent taxpavers, and to t p ovide for tha settlement of the indebtedness t of the State of Louisiana incurred in the prose cutton of tax and license su.ts In the State of t Louisiana., d It isl further alleged that the board appointed .nZead to eecsti sad act ant ones to the injurt of petitioners. who claim that the act is uncon stitutional and damages them, because it vio lates said ordinance; also ordinanees 29 and 4e, and because it impais the value of their war rants. The Injunction accordingly Isesued on a bond of satoo.. CITY MATTERS. An'other Break in the Levee and a Narrow Escape-The Lake Shore Railroad. Yesterday. whilst the meotbers of the city administration were holding their usual Mon day executive aession. the following dispatcth, addressed to Col. Collins. the Administrator of lmirovomonts, was recilvod at the City Hall: CAnlOIr.TON. April 19. Ivoen roported glven away at Trlldirttu' plae. ,l,.trtrs,n. Inlitt bink. We will endeavor to tprcilir lumber aiill lo the b,.t w iln until assist aIlc( O eroslli. U. WAO(INEIt. Btcoretar y 1'olieo JTlry, Ift Baunk.Jolfterson. The announ'n.imnt naturally mitsed a IIt.tlo excitement at. first. the Tr'li.an placo eolng the ift t plantatlin tlow the Hantlv plan, whlih is b;-low and adjoins liKennervilll. anid where th(e crovassio oIcurrod in 1tin or Ia8 that innundated a largo portion of the roar of tloe cit.y of New Orleans. Surveyor Brown was immedllatly called In nonsult ation. whou it was iiiroui that all tilhe protection leveesI were in a it c i,lliton to meet any erneorgent'Y. T'wixoting a flw tDepreesions iin the ULpirlilno leve. througlih which roads run. and mn.asuret wero irnnIoi.diat.l y taken to rI'," mnidy Ihis condition. This WILA about 3 o'clock in the vveiritg. A DaMmoriiTr reporter having called immne dlately alt.erwatrds ati the ofllitn of the Jackson Ratlroad. was told that information had ben rolecevd there from one of its ollilal at lien nor vlllo. calling for lumber to repair a break that had occurred on the Trudean place. n(d nothing more- Last night. however, the DEMO(IAT'H repot)rter called thin time ait the tel egr'aplh omle of the Clio street deput of the railroad comrnmny. where he was told by the operator that the road nlaster had illat returned fromr the scone of th, threateno crovevasse. and reported the break closed after a few hours work. TIC AI)MINIHTRATOIR'H ACTION. Since writing the above the DMuO(nRAT )las learn' d that Col. Collins and Surveyor Brown went up to the Trldeau rice plantation, to give Such iastetacnne as might tie nenes.ary.and also to mnke a Ithorough examluatlon of the upper line protection Ilvei. They report that the break occurred at a rice flume of the plantation, hut that it was furtu nate[ly disnovered in time, and that lteDp were promDtly takenl by the pollon jury of Jefferson parish to sto)i It. and roepair the Iev to. Messrs. Soniat., Labarre and other geutimnlon con etru'ited crlih work and Lhad the break under control at 7 o'clock inst. e1inng,. aind men anild mlatrlial haivo btoon provided to permanently reralir the levee. Col. Colline took occasion to exaninen the lnevea jlst tatliiv thell line of On rlans parihl. and indting seovieral weak polute. took stps to have them stroengthicnt d and rteir lldr. Mitlan Iiuri were also taken to ilut the Uppurlrineo p ro tietion leve in in a oinditition to guaird the ,'Ity against ,posslIo riivasso water from ablove. RIi m1 ,AR a iUf1iiCIS. Mr. Moocs Ht warlt ., one of Ithe eI nterprisiing proprietors oi tihy t.lansll h Fort. Railroad, wlho have- ailruaiy dio)II sin rucLhi flr the c.,nvi ieiiount and oirnfort of the punhtilhe. ipoar.d bifore the corllriittee of the whlot vst.rl'tay to rqullost that I in priviloge grant .i to th ii or lglunal Spun ish Fo irt lalilroad (Coinmiiny to run trains tr rn the Now Lake End to Mlli ilhrg. and OuirchtllLrsed by him and his -ssaiat,. i' (!n ctintrrued,. and thlat the time for the ,ompirletln of the road ho oxtendidl two yelars after Ithe fire' of May next. it was uundtrstood that IlhI rei.oes,, would Do granteilnd and that an ordinance to that ofl,ct would le lntrodunced to-day at the Council moeting, conditlonoil, howiever, that the gradeii of the rend shall be made under the uioprvi alon of the city surveyor. and high enough to serve Ias a protection levee against the back lug of the watere of the lake. thtls comrpletinri a largo part of the proIt ,tilon luvoe system Inrltl gurateil several years ago. and which had re mailnod unfinishetd for want of the necessary fInds to finish ii. The coditioni. it was also understood, had beeoon acceptd by Mr. Schwartz~ IMIORTANT iUHINERtss. The session of the committee of the whole was lenathy andl very important, the principal matters dicusnsed being the alfairs of the cllty in their relation to the now constitution, all of which will prolbably be presented in 1,tall to-day at the Council meeting. THE FrtENCH MARKET. The DiEMooniAT is informed that the condition of the fish department of the French Market Pill ia remedied in a very short while. Mr. Brewster has concelved a project which. if the city wire in a condition to expend two or three tihousand dollars, would effectually pro vide for the desired remedy. The project woull coneist in erecting a sult nale bhuilding on the water's edge. opposite the vigetable market, for the sale of flsh. crabs. phrimps and the like. exclusively. The imme diHat vicinity of the building to the river would avoid the ofTfnsivo smell. which is the con.i qulence if the enrmeation of the iflquld (,fal into the crrow-es of the pavement of the market, or Its running, ff into adjacent gutters. With a buildiing nasr the water the drainago could bo made directly into the river. POLICE BOARD. The Punishing of Peelers for Various Offenses. The Board of Police Commissioners met last night at the Central 8tation. Mayor I. W. Patton in the chair and a quorum of the commission ers present. The first case tried was that of Ofle-rs R. I Philll.l. J. T. Brown and OChas. T. Maltls. charged with having on the morning of March 25. at 4 o'clock, failed to make the arrest of iartles who were creating a tdisturbancH of the peace at the corner of asiquet and Franklin stroetis, thereby being the cause of thematting I and wounding of Arthur Gales by one Banders or Samuils. After hearing the testimony the three officers I were dismisseid the force. The next ca.s. was that of Offieonrs Kinney. I Quillllion. Craven. Haley. 8inclair, Doody. Car oley. Knuvfor andt Fasnach,.charged with hav ing on the fourth instant neglected to perform their duty. inasmuch as they tailed to arrest Jilmes McGarragan. Jack Doyle and Andrew Gallagher. who hiad assaulted and beaten Offeicer M. Cheevuirs, and also disturbed the peace on or near the Poydrias Market. After hearing the evidence, which was the same as published in the DEMOCRAT, Officers Fasnacht, Knupofeor. Curley and Doody were fined two dais' pay and also ordered to lose eany iluring suspeonslon, which was eight days. Klinney. Qulllion. Haley and Binclairwere fined live days each. while the charge against Officer Craven was dismissed. The board then ad iourned. MOODY AND BANKEY. At noon yesterday the last of the exercises by Messrs. Moody ani Sankey took place at the rooms of the Young Men's Christian Associa tion. The hall was crowded to its utmost and the seats were mainly occupied by ladies, the gentlemen occupying the aisles and hugging the sides of the door. After the opening prayer, Mr. Sankey, pre siding at the piano, conducted the singing, in which the congregation freely joined. The sermon was preached by Mr. Moody in his customary conversational way. illustrating everything by facts and incidents which are common to the experience of everybody, though not apt to strike unless suggested. The subject was "Love," or thb affection and duty owed by men to their fellows. and his arguments were as convincing as his manner was unostentatious. This morning the celebrated evangelists leave for Galveston. and will thence proceed on a tour through Texas. They expressed them selves highly gratified with their reception in New Orleans. STABBED WITH A CHEESE-KNIFE. Two Negroes Quarrel Over a Game of Dice, and One is Seriously Wounded. At the corner of Miro and Common streets, on Sunday evening,. two negroes named Dan Rib inson and Dick Richards became' involved in a difficulty over a game of dice, which terminated in the serious wounding of Robinson. It ap pears that after the throw Robinson seized a hatchet and threatened to use it on Richards, who in return ran into Mr. Rodrigues's grocery. and, arming himself with a cheesA-knife, re turned to where Robinson was standing and plunged it into hie back. The wounded man was conveyed to the Ohari ty Hospital, where be now lies in a critical con- I dition. The accused made his escspe. Subse quaently a man answering the description of Richards was arrested in the Second Precinct - by Oorphor Dr isoll, but upon being taken to - the hosvital for Identficatio rovednol to be 5, the man. The rlaht Dick Btchards was e-., r- terday apprehended and remanded to the Par lab Prison without ball, to await the result of d Robinson's wounds. CITY ECHOES. Jnmen Norton Is In the Sixth Station, charged a with the larceny of $1. Itlchnrd Delmonr was looked up in the Sub. urban Station, charg,'d with larceny. At :::no, o'clock Hundtay R. Hiott. fell into the Srlver. ,but wan roiiceid from drowning by the 1- pollte. b. Luis Hohultz was loonkel to in bhe Subnrban t lltion,l. chargedol with cat rylng a concealed wAtntion. At loutl t :I::3o o'clock lHunlliy 1 '.ningJ. Lynch wna throwni from ia huniyv. at the corner of Fe 's lti'ty e.lnd Magaztint strct,s.and wais slihtly In ,r J' rid. CONVEY ANCES. lo Jo.ph Mautrnus to ,1Josph) Ji.'100o. one lot g and irnlprovsments,., :,iilotiit. on T'rienr, corner Lae yr tOlilie t re,#t, Sl40i. . H. t. Clark ti Mi-H Allrn (Ciark, one lot and Di Ir orivnllent., :itiil 10, on I't ytlnins, btoiWOOe STorD inh)oro atril EImuq'rDu Ftro, $4001. . tMI' Alli (Clark to H. H. (;lirk aind wife, one Slo lt and |inl rovtqmonts :irlx ioi, on Prytnisl. be tw,-in Tiorplthoro anld E11t, oL)1i St trelts. $ - a Mrs. Catherinra Itllnltiy to Joln H. lrainey one oIot and ilnorovements., txll ton Molpomcne, it towneoi'n HI. Ulllnrlisn Avilnii and (Oarondelet 1 sI hot. $1too., H'llu'tclousin oT J. A. L. Bnttli; to E. Maler two lots I rld Imrnrovm.ln.llts. :stixll, on Urnulines. k blietw n ll'lr lr aidrl It)imltai .sitrlnlOt. $aSiM M. Btrwin (shorflT salel to Za.harie Brunn: 1. (On lot and limnproveientsrl,. :1x127. on Char Stroe, bietwoen Conti and HS. Loris streets. 2. S)One lot aL'd ImUrovements. 2exil,. on at. Thomas, bitween Stlz,lto and Techoupitoulas ~k trrtont. 3. One lot and imt,rovrmenta, 8.l428, on Blroad. corner Customntinsel treet, $7500. S tSandlinavian Hntii.rin'a Frnietll Hociety (sher Ifl slti') to Theo. P,ildras, oner lot and improve e mennts. 32x127,1on Eslianiadl, between Peters and SDeant llr streets. $24'0Ki. iI It. I. Bonson to Morrli Fox, one lot and Im i Droviments. 27x70, Ion Ht. Iivid. betwooen ar Snllny and levenlth Sa'tr.,t $5.. Coliln Miller to Mrs. . Colvin, one lot and Intprovomnunts. 2Rix15i. on Ol.-ia, bOeweeu Jose. phblne and Jaickson st rets. $20r,. n Miss F. D antin t-, J. B. Lihoste. one lot and a Inmirovementi, :12i127. on Meipomene, between Sentoan and White striets, $ti1o0. " James Mido to Thomas J. Cnamp. one lot and r Imirovemonts..3xr7. on O)rltan, .betweon John son and Prlour strotim, $,l00). Mrs. V I'Prados to Miss lTllhka RIoux. one lot and irmprovoments., 7x127. on 8t. Claude. corner St. Ann street, $1750). F J. Lewls to Mrs. J. Taylor, three lots and Improvolnoutsl , 3:lxl2. on Cato'.corner Aline strict. $151O1 r Georgie W. l)avls tindl othlrn to Mrs. M. A. Morganl, on It, and irnlrroveio.niitii, sOz90. on D)ryades, b.et wen Jul li antI (tired street. . e$100. F. A. A. (iitizlus to MiIs F. Faros, one lot all imp rov, iloints. :3ixi ti. on Ho"nital, be twooin Itomnisi 'nid Dirtilguy. isoie. Widlow M. l'rls to ,Joisephst rtoigt, one lot anil Imtirovements, :l0x12, on Union. between St. (Jlaldil aindl Boul rbon ,itrioots, I$1.s5. Ctharltns A. Antlrre to FI ark Landfried. one lotl and improviements. nitxl;o, oa St. LHouls. larnter uhllt tornr stro., !. $775, Mrs. M. L. H+'nllian to Mrs, I. Lafauche, one lot ind initri IroenrIts. :12Hs, on HS. Andrew. c(t ullr ilt CUineIP strteet. t.22ii Mrs J. Do Hart to Uthlio I lrolussini: 1. One hlot and improvrrmonis. 95x'ir:t. on Est.lasnade. ),wutwoon Ol)tlihorno and Itlit rtson streets: 2. One lot iot' Improvernnorts. )SxitH on Robert Monr. b,)twoen Esplanadli a'ind Kurleore streets, $7250. BOARD OF HEALTH RECORD. The following were recorded yesterday at the office of the Board of Health;: BIRTnI.S Mrs. D. Foster, a daughter. Mrs. W. Ii. Gulon. son. Nr . Jose,.I Mosmeler. a daughter. Mrs. J. E. Delland, a daughter. Mrs. Oelav A Plnon, a daughte,r. Mrs. Wm. Knldor. a diaughter. Mrs. Michel Peoer, a son. Mrs. A. Nozer t. a son. Mrs. B. Lopez. a dau.ghttor. MARRIAGES. Joseoh Figallo to Madelina Tllipols. Joseph Brry to Victoria Green. John D. Krossgaard to Paulineo heffToL C+ lub Gibbs to Carolloe Hopper. DEATII. D. EteTffr. 4.yearr. C. E. Coleman. 12 years. John Leary 17 years. Anna Mangin. 21 years. James Flanagan 54 years. I J. Lelrune. 591 years. Henry Heldenhand. 38 years. Josephine Jackson. so years. Charles Dogan. 60 years. Mrs. M A. Salloes. ;n years. 0. Clayton.: a years. Marie T. ILaronue.17 Imonths. Theresa Marks. 2 years. Louisa Bnntelsoacher, 2: years. Wim. Hilmtmn, 64 years. Marel B. ih votl. 2 years and 6 months. Wm. Cadder. 60 years. DAILY LETTER LIST. Ladies' List. Bounig C mrs Bunttng E M mrs Groeen O A mrs Harris James mis Jordan Charlotto miss Lain M mrs Nhaudon Punkle tohupvert Sallio mlse Thomas E H mrs Wigiln B S mrs Gentlemen's List. Bell W W Beaullieu Muma Bunting Mitchel Brenham Allen Conant August (ork G J Drzette H Fields Bob Fry Carey H Gomrnerts Geor~t Hosmer George A Haley A B cant Husson Charles Haynes W D Mexes E Johnson capt Kelley C 0 Kraus F Loelley L Myalles capt I'owell Monroe Poissot Jules Quigley Charles Ransom O M Strong W P Stewart Allen L Stepheon T H Stomsall T C Unmailable Letters. NOT PREPAID. Brown Thomas rev Galle Lena mrs Leulungr G F MISDIRECTED. Adams E W Clinton J A Dancer 8 C miss Foster Joseph Nlihol J II Richard A Nelson Wm HOTEL ARRIVALS. ST CHARLES HOTEL-J W Wallace. Spring field; Dr W F Rogers and wife, Memphls; A B Heine, NewYork; J W Murry. Ohicaoo; HD Zeigler. A Stephens, Philadelphia: E 8 Peteten. Boston; A J SyBohr. St Mary; A O Masces, city; Jno H Lynch. Philadelphia; H 8 Panders, St Mary; HO Warmoth, lower coast: Miss Agnes Herndon. Va; J P Rockwell. Boston' 3 L Os good, Mrs. J G Osgood. coast; Mrs Wardwell Boston: J A Jessel. Miss Darey. New York; 0C Moulton. Portland. Maine: F Gibson. Bremen' M Thomas. city; J J Jacob. St James; 0 Walker. L 8 Clark. Ht Mary; H E Bove, Iberia N G Thompson, Chicago; W H Fagarden. 4. Manship. McComb city: Mrs Conway. Mrs Bolton, Philadelopha: L Dursse, Baltimore. CITY HOTEL-J W Heard. Shiloh. La: H Fairbroth. Erin, Pa; W B Bridgforth. Yazoo City, Miss: Wm Minor, Terrebonne. La; J Wood, Pittsbur,. Pa; J L Lehman Louiasill Ky; W C Johnston, steamer J H canna; C Baker. Yarmouth. N 8; W A Pinkerton, Ohi cago. Ill; H A Cooper.lt G Ballen: Henry Wre and wife. Scott's Station. Miss; F W Fint,:At lanta; J B Mathingly. Vicksburg, Miss; M1d Gantt, Montgomery. Ala: CM Morse, dae RIlids. Ia; Louis Levy. Franklin, La' Mrs O C Willi'ms and servant, Miss Williams, La. OA4RIDY'S HOIEL-H H Mliburn, Cafro A W West. St Louis: O Hackett. Terrebonne; V R Hughes. Miss; LB Piker. Summit C C Lea Magnolia: J Worsley. Liverpool; 8 Bmith I Smith. N Jones, Nashville; O B te4le, La: TA Nelson. Memphis: W R Stevens, St Louise Lois Cobn, Mis; M Cahill. La; C 'aston. BB' Clerk. Miss; C Roos. Opelousas; H A Burt. Abb.ville; J ID Boote. Iberville. The Hennesaw Route Is the only line that can offer the advantage. and comfort of a through car and fast time to Washington City, arriving in New York next morning at 6:45. From Eminent Wilmer Brinton, X. D. Baltimore, Md. "I have used Oolden's Leblig's Liquid Ex tract of Beef and Tonic Invigorator in my practice and have been much aratified with the result. As a tonic in all cases of debility, weak ness, anammia, chlorosis, etc.. it cannot be sur passed." The best tonic in the world is Malakoff Bit. ters. Prize medal received atthe Paris Expo. sition in 187R e.ed's Git Edge Tonie vr.oeats malara. ii;