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LOCAL ITEMS. TVESDAY, DECIM1i' 10, .8?8. RAILROAD SCIn.:)uIE.--The follow ing is the present schedule of arrivals, on th Charlotte, Colunibia and Au gusta Railroad: DAY PASSENGEl---GOINO Noiru. Columbia - - 1.45 1. r. Blythewood - - 2.41 " Ridgeway - - 3.03 " Winnsboro - - 3.35 " Woodward's - . - 4.10 " Blaokstook 4.15 " Chestbr -4.46 " DAY PASSENGER-GOINO Souir. Chester - - 12.47 1,. b. Blackstock - - 1.16 " Woodward's - - 1.21 < Winusboro - - 1.56 " Ridgeway - - 2.26 " Biytiewood - 2.44 " Columbia - -.. -3.25 " New Advertimonus. The Favorite Rcsort-~Furchgott, Benedict & Co. Liver-Merrell & Co. "Trouble commences early In life," we heard a young wife say, when she sent for a bottle of Dr. Bull's Baby Syrup, to cure the baby. * In the case of S. W.--Ruf, Sheriff of Fairfield County, vs. A. W. Ladd, heard at the October term of the Circuit Court, Judge Aldrich has decreed for tli plaintiff. We shall publish the decree in full in the ncxt issue of Ti NEWs AN) lERALD. A bill lips' House giving the governor the power to appoint for all vacancies, however occurring, until the time of the next regnhr election, in. this Wa put!ing an ed(( to special elections*.' The county oflicors in Fairfield will como under this rule. A touching story to the' eft6t that -not one Ropublicaii.vote wuas counted by the bulldozers in Fairfield county, 1W ierteeside nearly- -three thousaind Republican voters; is going the rounds of the Northern press. It Is a fact that no Republican votes were cast, but, inasmuch as the Republicans had neither a county, State nor Congres sionai ticket in the field, the fact is not surprising. TimE CODE CoM%ssiON. - The Straightout Democrat well says that. none but the .best. law-yers. sbotild be placed upon the commission to codify the statute"s . It.nominates Col. Jaisc H1. Rion as one of the commission. No better selection-ottld be'ilade. The NEws AND HERALD laSt year nominated ColonVl Rio'n for the same position, and it would he glad to sec him elected. The Columbia Register has been greatly enlarged and it is :inow much the best paper that has ever been pub lished at the Capital. Col.. Hoyt still retains the editorial management, but Is assisted by Col. J. WN. R. Pope, an old newapdper man, .a'nd re'cently cdi tr of Speig? ts' Daily. Col Pope isa fluent writer, and his patrio'tism and Democracy uaie unquestioned. We wish all success to the Register. A. FAREwELL, MEETING .-In conneton wvith the departure of Rev. Neill E. Prressly, missionary to Mexico, and family, there will be held in the Asso cdate Reformed Church, to-mocrro w evening at seven o'clock, a farewell meeting. Along with devotional ex oreises, addresses arc expected to be delivered by Dr. Boyce, Chairman of the Board of Foreign Missions; Dr. Pressly, father of the missionary; Rev. HI. B. Pratt, and others. Mem-i bers of the churches, with tihe conumi nity in general, are respectfully invited to be present.., .. 5VPBEAfB COURT DER.l8ION8. Two Fair0eld Oases Recently Decided. The Supreme Court has recently de cided two . ppeals. .fom- the Circuit Court of this cbunty. As both cases, especially the one firat"given, has ex cited considerable-Itlterest, we publish the opinlins in full: SARAN S. COOK et at. vs. JAMES B. MCCANTs. The opinion of 'the 'Supreme Court was dellyerod. by HAsKECLL, A. J.-The action ihi' this case calla..In ~question a transacjion which took place between an atter ney and .ghis.elent,i ishu' ctrrplainit charges that the attorney availed him self of his confidential relations to ob tain an undue advantagle to himself by purchasing from his client, the execpu tors of aat. q8tste, aeratin'. nbtec h e longing to sa(Id estate,. nrdepayIig for the same in Confederat. monley. The Slaw which governs the decision in such a case is thus eXPr.a.sed by Story : "On the one hand, it is not necessarv to establish that there has been fraud or imposition upon the client; and on the or hnitis not necessarily vold throughout ipso facto. But the burden of establlshlng Its perfect fair ness, adequacy and eanit ,~~w upon theiattorit6yef,tlW Aff epal rule that he who bargains In a Vtiter of advantage with a person placing a confidence In him is. bougd tq, sy~~ that areasons uilbVmtdlf that confiden'ie; a ruleapl 9a, lyvto all perans tandhig en.* . tial rClatious with eacl ofler. If no such proof is established, courts of CrIlih,t t-reat, the cas-e ats onle of' Coll Striuctive friaud." (Story's E't- Juris., ? 311.) The eircuit judge 1inds as a fiket, (lit the 11111m was tritilsacteI "in perlect. good flithi, withotit frid or voiveal utenti or i pose of undu- advaittagV to himlself'.'' The transaction was in itself' not illegal, aiud in fate one of not. uiiusual OVIcurr1en1c--the attorley ikerely pay ing, and Converting ilnt(o ll investment for hiinself, a note put into his hand s for coNoetion. It is the well established rull- oC this Court, that the finding of fiet in the court below, will not be dist,turbed i' there was evidence suilcient to sup port such finding, evon although the evidence to the coutrary uay appear to be verv strong In this case we perceivi lio diffloulty in the way of tle rule: the fitdilh is aliply slipported by the evilenlce. Such beiiiiig tht Chets of the case, th conclusioll of lamv is cur rectly sated by the circuit judge, nd his judgment, lust be aitflirited. Motion refused. WnI..AnD, C. J., and IcIVER, A. J, concur SA.mE. B. CLOWNEY, AS CLEIK OF TI COURT OF COMMON PLLAS FOR IFAIlFIEA) COUNTY, IEESPONDENir, vs. T. W. I%Awi.s, APPE.LL.. The oI)inion1 Of the SuprIeeI Court was delive eld by If shE.:., A. J.-This wits ati action on a bolnd 1,61' the putcliase-money of a trant, o' lal sold by rite clerk of the court by virmue of an or(ler of the court. The answer alleges that the tract atfu ally Conveyed to the V!ldee con1tainled but ninety acres, while tie deed states that the tr'act colttitiis olle hluidre( and thirty-iine acrer., more or less, represented by lie letter E on a plat or resurvcy imade by 1. 11. iohertson, D. S., Oin tie 51th day ot' Ocober, A. ). 1869, oif the litild4 of N. A. Peav, de C ase< , k now at - the ' Fliti 111 Pa:,e The 1ailI was sitr\ c .Cd oy ord r U1' the court aid divided into tracts for tle purp,Ise of sale, and tle advertisement of sale alliouInced that plti of the said tracts would be exhibited at the saie, and that (lie sale would be ma1tde by tract. The ulald in question is one of these tracts, and it is admit ued that (the plat represented the tract as containing one hundred and thir:ty-nl.o aeres. At the trial tlie defendant called as a witness 13. 11. Robertson, the surve) or. "The plaintifl"s atlorney then ill quired liwhether the defen'dait now proposed to oirer evidence in, proof the deliciency alleged in the answer. Upon receiving a reply in (he aifil i'rmative, the plaintif calledi ias i witneiss James B. McCants, who, being first duly sworn, testilled" as is s1ated ill the brief. Another witness wias thei called by the plaintill', and testified as shown in,the brief'. "Oi this testiinony (lie presi(ing juidge ruled that. no evi dence could be oll'ured to sustain the delinee set up inl the answer. The denditnt exc)ted." The judge then ordered a verdict for the plaintifn . Motion for ia new trial was retused and appeal taken. In tle case as it is presented, the plaintitrofrered evidence inI answer to the defoce set up in the plealdilgs, and "on this te.stimonv" all nvitdence inl b)ehalf of said def'enuce was ruled out. It is plain that. such ruling is errone ous. The defecndanit might have re-. but.ted 01' contriadicted oeery p)oint in the testimony oflfered by the plaintitf and thus hatve deprived~of' all f'orce tIle ground upon which the i'uling is made to rest. The defendant Is enttitled to a new trial. Buit the real question on the appeal is whether the defenice set up in the answer is a legal defence. If' the plainitift' desired to restrict the de. fendlantto the alleg'ationis contained in the answer, he should have demurred ; hanvinig failed to demur, and hiavini resorted to evidence ont his owni behalht, the d.efendlant has e9ual libertyv, and is entitled to the benielt of anly valid de fence which he cani produce at the trial, p)rovided the adverse pairty be not actually misled, antd the def'ence bec not absolutely inconsistent wvith t he pleadings. T1hie <lt'fence set up is that the traci was sold1 andI conuveyed as one hun drecd and thirty-nine acres, more 01' less, whereas only inety tacres were actually conveyed. If this be triue, if is imamatetrial whether the mnistake arose from noc(ient or' fraud. It was a mnist'epresntationi, and the amount renders it pro tanto a defence. If the p)urchaseru be misled by a rep) resentation at the sale, he is .cntitled1 to relief; and it is immater'ial whlether there Is or not a warranity ill the deed., Such Is the well established law. lIn Evans vs. Dendgi, '2 Speer, 10, the Cour't says: "lVhereo thd purlichaser of' land has beeni deceived by mhisrep r'esenttationi, whether' intentional or not, thautf'act lmay be set up by~ wvay of' diee to ani ationi for' p)urche money. It tile obj:.t of' his i.u chasec has beeni defeatett v reasont of' the mis'epresentatlion, hec may, acc~ordinig to the dseided cases, be wht11r di. charged friom the dlebt. if' ontly pat' gally def'onted, lhe may be allowed an abatemzent in the' p.rie. Thie case of the Blate vs. G1aillar'd, 2 llay, 11, is ian mnstanice of' the f'or'mer', andl Tanno vs. Fl'ud of the latter, 1 AlcC., 121. Int those and the kindred cases of Gray vs. Hankinson, 1 liay, '27$' BRan/ley vs. B1a'/kley, Jiarp., 441l; and Mcanv vs. Br/ckhIdl/, 2 il l, 6.7, t!.e C wats either nio'waranty it the acet., or If there was, It (d1( not embrace the matter set up In the dIef'ence. Ini all the ear'ly oases it is admitted the defence could not be made consistent with the p rinci pIes of common law, but wvas alIlowved on suitable equitable pr'inciples bor rowed 'from the olvilI law." The Sprinciple is '"that an action for the price fs in some sort a proceeding to enforce the exeoution of a contract, and In such action a Courk-of law 4opts the equitatble principle of re fllTg Its aId to enforce .0* contreet obtained by fraud. or misrepresenta tion. enet in ouch . wa.y as tn Ao justice bet*wecn the parties." (Ibid.) The case of RoLers Vs. JIoln, 6 .ieh., 3i, atllit sulelt to be tle law, but tun ul pol le lpoint. ttat. inl hat case there was no misreprsttion. In the case before us, that is the vvrv questioll wh)lichl should have beti decided inl the Court below ; and it wis a question for the jury. Iu E/is vs. //l/, 6 Itichl., 37, the cir C1lun1stalces of tle sale were Very similar, 111d It evidence was ad imited. It is true that in tle preceit ctse the deflice does ijot, set forth all the ficts; but the testimony on the part o' o, plaintil supplies tle muan nler in wicll the s1le was conIducted, shoviig that. the bid ws by the acre, but. the . purchiase was by t(e phit. In E//i Vs /ill, the Court Hays: iThe rule in our ("ourts long established is, thak it ill al aItion uponl at security exe cuted for thie purclse-inmiey o'f land, bought al it fixed rate per acre, the puichaiser may abate tle price by proof orl dedlcienicy inl quillitily; and that proof of Cli stle 01 so m1ny acres ut. i certin 1itato por acre ia ll b h adduced by parol, aind a verdict there upon shall' be reduced pro tanto ac cording to tle deficienlcy," It is true that in 1.ht case llere was a Warranty in the deed, but it, is explicitly stated in the opinlionl rendered that, the "question (lopelident uponl tile posi tioln ofa purcliser as plaintill' in an action mi tie varraity does not pre sell. ilisel' now." The deienc can be sustained by parol evidence, 1111d it should have beenl admitted. This of course de cides no.ihing heyond the bare point ofr lw is presented. . The rulincr inl tle Court be1lov is reversed, anu a new trial is orderod. Motion granted. WI,LARD, U. J., and McIva, A. J., concur. THE4 FAVOR1TE x BU0O8 R80RT -0 FURCHGOTT, BEN EDICT & Co., CHkRLE sTON, S. C., Oifer thoir now FAll Stook, .Whliolesale and .iietail, AT LOWER PRICES Than are paid by customers for inferior old aloio goods. $250,000 Worth of te finest and best selooted stock u - Carpets, Lace Curtains, Oil Cloths, Window Shades, I)W'S 0(0OOL'D , DR E;S G0 I K-, SILKS, CLOAKS, Sbhawls, Blan kets, Flannels, Alpaeas, Cashmecres, first and second Mourning Good s, Kid Glov'es, .Notions, Hosiery, ilibbons, ISilk Ties, Lidies' and I Gentlement's Uinder and Piano Covers, Towels, Table Napkin11 anud Domestic' Goods, and thousands of other goods too numerous to men tion are0 now placed bofore our d: oli enomers of the * t;.to of South Carolina, and~ .se go .a. ntee to the pub lie ;a d t:ae og' ne of tis State especially that through our imnIOse FACILITIES IAnd long established reputation with buyers and sellera where MILLIONS Of dolharq have been exchanged throughi onr honse, that we will givo better Ss faction .is regardls QudIfy and Pie In goods purchas.ed iromi us than any orerhouseu :outh. *o- S.uAMP:s 3104? oN Arru,cATION. "M N. 1I ('lau preF. .1>aid on all goods *vur an I .ao' $,o. s. nt 'C. 0. D. "r for Pos.t. ( 'ihe (nl.z, pm~i Pleaso name this5 ju.L[' ini urllrking go)ods. En'.l'(mtt, ilhIudlct & to., 275 KCing Street, Charleston, S. 0. d o, 10 -xly B A R GAIN S! BARGAINS! . 1 ()PAIRS Boys' and Youths GAITERS-...-Nos. 1 to 5, worth from $1.50 to $2.50 per pair. Re. duced to 50 and 75 cents per pair. Call and see them. SUGENHEIMER & GROESOHEL odt19 PRICETH-I 13 TY DOi LA L ) IV IAT) I 0 1W7G. - 0o' TnEi * (lJIN D VNN,3BO Ito Mt Y (,U)OS, FAN. Y OL,SANDA IJAZAAI(, A Bogs leave to say to his cus. : tomers and all othors in nood of Goods that o is again pro. 3 pIred to shOW them11 0110 of tie largest and best assortod ftock of Dry Goods, Fancy GoQds and t that ho has ever exhibited. Wo ' are receiving goods daily. Every department will bo :6 kept full of desirablo aud CHEAP GOODS, and buyers may confidently rely on getting their goods not only at low prices, but of the most desirablo quality that the mark,)t affords MRS. BOAG 4has engaiod the serviceR of ia first-class Milliner, who will as sist her in hor department, and] who will take ploasure in pleas ing the most fastidious tastes. AGENT ror the celebrated and most re it&blo paper patterns-But a teriek's-for Ladies, Misses and y Children. ALSO, k full and complete line ol - Gents', Ladies', Misses' and q Children's Shoos, 74 FAMILY GROCERIES, i Cheese, Mackerel, Cakes, Crack ers, Maccaroni, Spices, C.u O dies, Tobacco, Cigars,-in fact you can find anyt,hing you want O at J. 0. BOAG S as low as the Ssarne goods can be bought any o where. 0 sept 27 J, 0. BOAG. 'Suvriocl 'LLUIF11 5folud low. aild BOOlif SILVER WAR i SUITABLE FOR~ BRIALPREE -AT COllior & Chalie OHEAPEST DAILY IN TJ SOUTH. TH.E EVENING BENTIN1! AUGUSTA, GA., Is PUBLIsHED AT THRE .LOW Parox $4.00 per year. IT IS A BRUIGHIT, NEWSY EVEN: 1.paper. and is odIited with abilht.y Messrs. JA MEA R. RANDALU and P. STOVAILL. It is the only afternoon per in the South that publishes the TJ graphic dis patches of the Now Y Aesociated P res. In its columns wil founld all thie'nows that comes by I grap)h, and the telegraphic market ports received up to the time of go to press. OFFICIAL PAPER OF THLE CITT. THE EVENING SENTINEL is omecial paper of the city of Augnata. me-AlI who wantia cheap p apor Rho subseribe f'or it. Takus-$4 per y $2 -for six months; and S1 for thi inonth--. Pw Send for specime le s. .iu deee * ~ WA.L4H & WEIGHT see A9 kgust,4$ TO MAKFe MONE Pleasantly an~d fast, ageonts shouuld drosa YLNLEY. EA.MVEY a 00.. A tlh.i F S \, "11 N I ,1T G E.NT, \ \ T ' I I i-th, iw--4t ato rastest. Ivll 4ni14 bs It Pl I eSN P AlMEU SlI -TOdN, \ltkliaCturV0rs, *2H Pearl strcel. Ncw yvrk. AGENTS RE)A THIS. "ME will paY Agen[t a aialry of $100 per tnorithl aw'l expeirses." or aitllo ar largo omIntsson to stA1 mir New a tiderital In W11n10118. Wi lit'.11n What we ay Atddres', W11Itt, delay, ilWAN & CO., Marshall, hilinigan. AlI3AD AIJ, T11 4TIME . The vo-ry betst goodl- direet, frot the lillporterm at ialt T A !h uuil co.4t.. Bost, plan er offeredi To Club Ag,nismand large buyer,%. 01 tre Char PiD. eo torms froe. T3- li- ItUATA AI tiCAN TEA COMPANY. P. Box,4235. 31 and 33 Vcvey St. NewYork. PARSON s'1 1tO ATIVE PIII.S mnkn now rich blood, and will comapleteiv vhini tr h le bloo<d in the ettrosvst e Ifiree months. Any per HOn Whm Will 0lcak1e ron )tl pell ligt rini oin lIP t lve we(ks maysli rest oredt o Solind healh If K1u41h n thing be po Sntl . by I mall for vIft lettvr sly,tps. i. 8. JOHN80N &CO., Bangor, .Maline. Tho ANTIDOTIE TO ALCOIIOL Found at Last. The Father 31athew Remedy Pi a certain anddtipnedy cure for Inivimporance. it dle"t.roys atll a ppet it e for alcoholic liqutors and bilN tip I lie nervoum system. A f Ier a de4auch or anv Intemper-ate Indulg4,nee. at single tenf mpoonful will remlove all menital and physical depremsiqn. It also cure%, evf ry kind' of Fever, Dvs lpp.4nandi Torp,dit,y of Ithe Liver. Sold by all z g:iits. Priei i1 perl bottip. I'aliphot oil "Aleohol. Its E'cets. and Inte all nce aH a disea.11e."sent freo on ritii to I t FATHItR MATirm TOitrance and Maiubcturillg Company, 8t; IBolld Strept, New York. BIINSON'S CAPCINEU J"OROUS PLASTER. A WON D ItFUI. REMEDY There is no cmpison between it and the common stlow nWtinI poro p1 at i-, It, iS it everv way sulrior to all other externial remedis InVin ti0tng I lil"st- an11d thO so called eleetri1al aitntt s. It contains new Iedileal e1,1'ents which is cl"billl 1on wit h W rubber, pos-iss IIe mo't. .tradi P1tI V rt loving, s vvnI 1henng aid CIrt Ive p)ropf!r ties. AINy ph aIItlAII I1) o n 011 oa100lt ty will confirm t.he alJOve stl WinminI.. For Litmio Back, Rhleumatim)n, Femnale WV'ieanes.~ Stuibbornl , aid NegIceted 04,4l and Collurls, tl-Iaubcd t Kidneys. Whooinm Coughs, ali o t,te heart, anI all Is fori wIlt jloroits plastors ire used. it. h sply thIe hAst .w1nDI remledy. : Amk for fiensol'S CpineXIL Porus PlaSter 1111 C take no ot.her. Sold 1y all DliggiSts. PrIce 25 Celte. SOnt, 11 rcei,ev pl ol prico by SEAIBUITY & JOlINSON, IlV21 Ilat,t Street. New York. nov,22-1w PANT ii GLOBE W ito Led a aa DEA Co. CAPITAL STOCK, $100,000, Theme Paint anre mixed, reatdy for use, anty :hade or color, and r.eld in any' quantities from One Quart to a Biarrel. 4, 0 I m DO YOUR OWN PAINTING. S .Theme Paintm are made of Pure WThitn Lea IZ ne and inseod Oil held in sohtition and read? for usoe; are one third oheaper and will iamt thro '1 time as long as P'alut mixod in tho ordiary way. 525 REWARD! will be paid for every 01unce of adulitoration founld in them. Thousands of houtses and some of the Cnest vIllas ini America are pInIted with those Paints. SenId for Testimnontalis of same, also for Sample Colors and Price Lists, to the GLOBE MIXED PAINT 00s, 1 03 Chambors St., New York WOltIM:a Corn MORGAN & WASH ING TON STS., JERSEY CIlh s J. Clendining, 13OOT AND) SHOE MAK.ER, EWINNSBIORO, 8. C. LYON'S L, M/MPa,tent Metallic STIFF ENERXS OF PEYN Boots and Shoes -A. F'rom utnning over, a I bo ad flipping jn the ole. ing I,he HM HM sar; roe A choicei 100 of agar cured unlcan vassed Hasra. Ad. Fresh sugars and Coffees. Fresh Augustai Meual and Grits. Norbhorn Apples and Oran go. .A LBO, 11 One b&rrel suporior iften ! ountainl gorni Whbi.3ey, c.rap~ sor o.h ,at th ad- ot.oreof dae 9 V'. H.'DONLY