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JOSEPH GAULT'S

FIFTH EDITION
OP HIS

REPORTS

ENTITLED

A Coat of Many Colors.

AMERIOUS LAW BOOK 00.
AMERIOUS, GA.
' 1902.

dG^id.^n

DEDICATED
To the Learned Jurist pouring over the the Black Letters
of ages past :
To the Statesman framing theories and systemp of govern
ment to hand down to posterity :
To the Dvinie whose heart is full of melted charity, who
administers to the Boul of man and minds diseased:
To the Notary Public and Justices of the Peace who ad
minister the Laws and Statutes of Georgia impartially :
Also to Fiddlers and Dancing Masters.

PREFACE.

I deem it a duty I owe myself, the public and posterity,
to give them a brief biography and autobiography. All desire
to be acquainted with the private history of an author, and it
is disrespectful to disappoint public curiosity. I will give a
plain history of myself ; I will speak the truth of myself and
my Reports, for if I do not, others will. I will make this open
confession of myself and my literary labours, even though it
renders me liable to the charge of vanity and presumption.
Others equal and even superior to me have set me the example,
and I will profit by it. It is a vast happiness to possess the
pleasures of the head, the only resources in which a man can
indulge, without falling into excesses, and of which, he cannot
be deprived by envy, malice, or the insolence of wealth, power
or birth. I expect no other favor but that conferred on the
merits of my professional battlings. I would have made it
fuller in its proportions and symmetrical, but as I have but a
short time to live, I was unwilling that posterity should be
deprived. of. it, and that it should be buried with me. Many
cities disputed the honor of giving birth to Homer, and I would
prevent such dispute affecting myself when I shall be no more.
I declare to you my kind readers that I was born in Union
District — in that patriotic State, South Carolina, on the 14th
of May, A. D., 1794. At my birth no declarations of war was
declared amongst the nations of the earth — no ships wrecked
on sea, nor hurricanes on land-^neither earthquakes nor the
falling of comets, affrighted the world — nor was any new plan
ets discovered in the Heavens — though an earthly one appeared.
I emigrated to Georgia in the year A. D. 1820, and have re
sided there ever since. I was among the early settlers of Cobb
County and ever since resided in aud around Marietta, one of
the most thriving cities in our enterprising and noble State. I
commenced the study and practice of law, late in life, without
friends — without patronage — without wealth — with a limited

Peepace. 8
education and without much book knowledge — but a better
knowledge, that of man — very necessary for a lawyer — for he
ought to know the workings of the human heart, and if he does,
he will extract from it virtues which adorn, or vices which de
grade it. He will often discover honesty under a home spun
coat, and villany closely buttoned up under a fine broad cloth
one. Truth in the broad, good-humored face of the farmer;
cunning and false-hood in the slick smiling face of the gentle
man. A large dependent family of females hath compelled me to
take all the fees I could honestly get, and to practice very ex
tensively and successfully in Justice's Courts, where the law is
rendered very complex from the profundity of its expounders.
I have labored very industriously to ascertain its true intent
and meaning from their application. I have deeply explored
their intricate and luminous decisions. Have minutely exam
ined their forms and rules of practice and can say, without
vanity, I declare that I am mere deeply indoctrinated in their
mysteries than any of my professional Brothers. I reconcile
many of their contradictions — detect their errors and apply
the remedy whenever the kind and placid tempers of their hon
ors permit me to be the friend of the court. The young aspir
ant for legal fame and honor, has in these courts however a
luxuriant field in which he may gather a rich harvest of legal
learning. He may dispense with the classic Blackstone, and
the quaint and learned Coke, and if he wishes to build up his
reputation, I would advise him to lay in his materials at those
quarries of legal science. The reason I have been so particu
lar iu biography, is, that it has been doubted whether I was
not a fictitious personage. My identity can be verified by
hundreds and particularly by all Justices of the Peace in Cobb
County and the adjacent counties, they being my very good
friends and loving patrons.
As to the veracity of my reports, I do vouch for them on the
honor of my professional reputation. They are as true and
faithful reports as Sanders, Strange, modern Coke, Charlton
or Kelly ; under the plastic hand of Longstreet, they might
bftye been written not truer. Kind reader do you wish more

4 Preface.
evidence — I will advance iti — refer to their internal evidence —
compare them with cases and decisions daily occuring and de
livered before similar tribunals, and you will need no further
proof. I am convinced that my professional brethren will ex
tend to me their patronage. They will not abandon one of their
house-hold — they will not be reproached with a want of liberty.
The Judges of Superior Courts are wise men, drinking in legal
learning from every legal spring ; they too will smile upon my
labours. The Justices of the Peace with open hands and
hearts will see how exalted is. their station — how sacred their
trust and what a monument I have raised to their wisdom —
how their wisdom is perpetuated. They will read and digest,
this my fourth tribute to their merits. The divine, whose
heart is full of melted charity, will become my patron, for a
mirror is held up to vice reflecting its hideousness. I say then ,
in the words of the sweet Spencer.
Go little book — thyself present,
As child whose parent is unkent
And if that envy back at thee
As one, it will for sucker flee,
Under the shadow of thy wing.
The Author.

Nullification.

After the ratification of a treaty of peace in the year 1814,
at Ghent, the United States was getting along in peace and
harmony with all nations. Agriculture was improving all ov6t
the State for about fifteen years, or, about the date of 1830,
when the politicians of South Carolina, John C. Calhoun, at
the head of the van, commenced canvassing the State itolA
county to county, and advising the people to nullify the laws
of the United States ; that the laws was oppressive to the
South and unconstitutional. He called the legislature together
at Columbia and laid his Message before the body, in which,
he advised them to nullify the acts of Congress, so far as res
pected paying the duties on imports or exports, and for that
body to make arrangements for to lay in heavy munitions of
war, and call upon him, James Hamilton, then Governor of
South Carolina for troops, and he would furnish twelve thou
sand troops — that was in 1832 — Andrew Jackson was at that
time in the Presidential seat. He immediately equipped a
United States vessel with a revenue officer on board, together
with his Euchas, Bull, or, mandate informing him (Hamilton)
that if he thought he could nullify the laws of the United
States peaceably, and trample them under foot with impunity,
that he was mistaken, and that if he, (Hamilton) thought he
could do it by the dint of arms, that he would hang him as
high as Haman 5y the Eternal God. That put an end to nul
lification in South Carolina and Georgia ; they then took off
their buttons and badges of nullification and lay nuter, and
then they took a short nap, only eighteen years, from 1832
until 1850 — then when they awoke up from a nap of liS years
and rubbed their eyes and yawned and stretched their limbS,
they said if they could not nullify the laws of the United
States, by G — d they had the right to secede, and did secede.

Joseph Gault's Reports.
Secession.

About the year 1850-51 South Carolina, after a|short nap
of about 18 years, from 1832 to 1850, she awoke up, pregnated
with the old leven of nullification aud said, if they could not
nullify the laws of the United States, she could and would
secede and sever from the United States and frame a Govern
ment of her own, called the Southern Confederacy — and had
for her motto a rattle snake lying in its quoil at the root of a
Palmetto tree, and this child secession was begotton by a noble
sire called nullification — conceived in corruption and brought
forth in iniquity, and in fifty the lavy of secession boiled over
the Savannah river into Georgia ; at that time there was a di
versity of opinion amongst people, some was afriad that it
would involve us in war and others, that it would cause a revolt
amongst their slaves, and perhaps would lead to abolishing of
slavery — other said no, no danger — then corrupt politicians
and demagogues commenced canvassing the country from vil
lage to village and from one stump to another, and from the
head of one whisky barrel to another, making political speeches
and telling the people that the North was imposing on the
South ; that the South paid nine-tenths of the taxes into the
United States Treasury, and it was high time that the South
should look around and take care for herself, and the doctrine
was secession and a government of her own framing, and that
we had a country adapted to the growth of cotton, rice and other
grain, suitable for the consumption of a free and independent
government, and in a short time we would double the Northern
States in factories; that we would raise raw material, (cotton)
at home, and that cotton was king of the South, and that on
the credit of king cotton we would strike post notes, bills of
exchange, bank notes, etc., and that on the credit of king cot
ton, they will go equal to gold or silver in all mercantile coun
tries in Europe, and we will grow up in riches and wealth as the
•fatted calf of the stall; and in process of time they called for
Delegates to meet at Macon, to determine the question of
secession, and called an election for that purpose. By that

Joseph Gault's Reports^. 7
time their demagogues had made many proselites, in particu
lar, those who are aspiring to office, and who had fed aud fat
tened on the spittle of politicians and demagogues. , At length
the day of election come and the polls opened, apd the names
of three candidates sounded all secess, and was elected, without
opposition. In a short time they met at Macon, and in a short.
time returned, and said that they had adjourned jto meet in Sa
vannah; they met accordingto adjournment and brought that
glorious news of glad tidings, that Georgia had Seceded, and
Jeff Davis was our President, and elected by acclamation, and
then adjourned to meet at Montgomery. , , , '

The First Cinfedeirate Congress at Montgomery, State of Alabam^.

The Congress then met, and I do think, that they did not
do anything of much importance. They passed a law to strike
a great many millions of dollars on the Confederate States, pay
able a certain length of time after the ratification of a treaty
of peace between the United States and the Confederate States,
{which they knew would never become due,) and passed some
laws as respected raising an army. Here came the tug of war,
politicians and demagoges, mountain whisky barrels and stumps
— cries out aloud Fellow-citizens, our country is about to be
invaded by the United States army — we have long borne thfe
abuse of Abolitionists and Yankees, until forbearance has ceas
ed to be a virtue, and seceded from the United States Govern
ment — and now Fellow-citizens they are preparing' to invade
our plentiful and peaceful homes in order to harass aiid op
press, and drive us to subjugation. — Now, Fellow-citizens,' let
us all, with one voice, resolve to conquer or die free. You
have mothers, you have sisters, and also you have sweet hearts
whom you love — and will you through fear and cowardicd, see
those objects of your love and affection trampled upon and in
sulted by a tyrannical foe? Ladies, if you have a beau who re
fuses to volunteer in defense of your person and property, dis-

8 Joseph Gault's Reports.
card hiin as a low do^n coward, and do not suffer him to keep
your compauy. And ydii young mien, that have no families vol
unteer and let those who have, atay at home, and will say to you;
that you will not be gone longer than three or four months,
and we want a respectalDle army^and when Lincoln sees what
an army the Cbnfederates has in the field he will knock under.
Yes, says another, and if he does not knock under England and
f'rance will make him knock under, for England and France
have Voth recognized the dcSrifederacy as an independent gov
ernment. No, gentlemen, there ^t^ill not be a drop of blood
shed — I will bind myself to drink all the blood that is shed in
this war; but said a by stander, but sir, the North greatly out
numbers the South, twenty-three millions to five. No differ
ence, for one Southerner can whip five Yankees, yes siree bob.
By iiibh similar afguihents lifeld forth tb the ignorant, the gay
and the giddy, who was drunk with heady passions, giddy wine.
By such stratagem the South soon had one hundred thousand
or more in the field, good honest young men, who was hum-
buged. into the field.^
The second Confederate Congress met in Richmond, Va.
The first army of young men, principal Volunteers were much
cut up and demoralized by wickedness and the- sword. The
Congress that passed a law to take all able bodied men from
18 to 35, then the South had a most efficient army that she had
or ever had afterward. Thai army of brave men was soon
thinned, and more troops was called for — by that time volun
teering liad played out — now what is to be done to keep up an
army? We will first pass an exemption Bill and then we will
jmss a conscript bill. First, they exempted all persons who was
the owner of ten slaves, or who controlled ten slaves, {thefre-
mmptton is that they were all exempt) for to stay at home to
farm, to make a support tor widows and orphans. At what price
per bushel, fifty cents in gold or silver, or ten dollars in Con
federate money, the Congress neglecting to make it a lawful
tender in payment of all debts contracted during the war, and
left these exempted men to repudiate the currency of the coun
try. Then to keep up rank and file they passed a law to con
script all persons from iS to45 or 50, (if I recollect correctly.)

Joseph Gault's Reports. 9
Then they formed squads and companies of all characters to
probe the country, to take up conscripts and deserters, (but I
think they taken up but few deserters) and driven them at the
point of bayonet to the slaughter pen of whole sale murder,
and left their wives and children in tears and poverty. But no
exemption for the man that had a wife and ten children. That
act of itself, had the greatest tendency to damp the feelings
and dishearten the rebel army more than all other acts put to
gether, to think that they were taken from their families and
homes to fight for the property of those exempted men for
eleven dollars per month, that would not buy but one bushel
meal for his family, and those men at home repudiating the
currency and speculating on the misfortunes of the war, and
those exempted clergy-men almost all of them advising and
recommending the prosecution of the war, and said there will
be no danger of women and children suffering so long as God
is good and merciful to all, and so long as preachers do their
part, for the Lord has commanded them to feed the hungry
and clothe the naked, and to be a father to the fatherless and
a husband to the widow. But they take a shorter route, they set
themselves in Moses seat, and made themselves the counsellors
of the Lord, and they, in their long sanctimonious prayers bid
God to feed the hungry and clothe the naked, (and excuse
themselves.)

The Capitulation of Nashville and Jackson.

A short time before Nashville and Jackson was taken by
the Federal forces, the refugees or fugitives commenced pouring
into Marietta and Atlanta by hundreds and thousands from
Tennessee, Alabama, Mississippi, Louisiana, with horses, mules,
and some of them with the rise of a hundred slaves — Bread stuffs
at that time was plenty, but residing here between one and two
years and no person to till the ground, bread stuffs become very
scarce — every hotel was crowded and every private house was
full, and we was threatened with a famine amongst the poorer

10 Joseph Gault's Reports.
class — but, in the lapse of time, probably in March, 1864, we
began to hear Sherman's cannon roaring at Resaca — at that
time, those unthankful guests began to dodge and run around
to get transportation like rats in a barn and it on fire, until
they all left, and the refugees and fugitives in Atlanta and
Marietta, they struck for safety to South Carolina and Middle
and Eastern Georgia, together with the citizens of Cobb, who
had property, packed up their goods in wagons and carts and
taken their furniture and provisions with their negroes, etc.,
and left Cobb like Lot left Sodom, nothing but tracks behind
them and left the poor and destitute nothing to support them
selves upon, for they stayed in and around Marietta until they
had cleaned the country as clean as the mystical locust did
Egypt — and Sherman closely pursuing Johnson to Kennesaw,
at which time, Johnson about the first of June, 1864, planted
his standard and fortified the place — Sherman in close pursuit,
and fought on and around that Mountain until the 2nJ July,
at which time, Sherman with his reinforcements was surround
ing the Mountain ; but if those twenty or twenty-five thousand
refugees that eat out Marietta and Atlanta had been of the
proper grit and fallen in on Johnson's right or left wing, Sher
man could never have flanked Johnson out of his position, but
he would have licked up Sherman's army like salt before break
fast. Marietta was evacuated by the rebel army on the 2nd July,
1864, and on Sunday morning the 31st July 1864, Sherman's
army marched into the city, and part of his army pursued
Johnson's army, and I think fifteen or twenty thousand was
left in Marietta, and they built two forts and had them strongly
fortified. At that time, the poor was in a distressed situation
but under circumstances I can say, notwithstanding, they
gleaned the country of the growing crops of those who had left
their houses and absconded; but I am bound to do them jus
tice, they extended the hand of mercy to the poor and dis
tressed. On the 13th November, Sherman's guards was called to
leave Marietta and March to Atlanta, and his rear guards had
not got one mile before the 'deserters and out lyers of the so

Joseph Gault's Reports. 11
called rebel army filled the streets of Marietta as thick as black
birds on a rice stack, and taking from white and black, and in
a few days there was a man by the name of Patillo, who ap
pointed himself as Captain of a company, he called home
guards and then organized his company and entered on the dis
charge of his official duty. He first made Cole's large hotel in
Marietta, headquarters — he then sent out his veteran troops in
squads and gave them orders to go around and bring into head
quarters all the fine furniture they could find and all the raw
hides ; they, were all stout robust fellows, and did not need a
dray, for each man could pack as much as a camel — they soon
filled the hotel. He, at that time lived a mile from head-quar
ters, then would go home at night, get his supper and hold
prayer, (as a Methodist would,) then taking his wagon, went
back and hauled away the plunder they had captured that day.
The next day, would send it off to the country for safe keeping
until he got all out of the house, then took fire and burnt
down ; he then said, the Yankees burnt it, and the Yankees
had left Marietta a month or more before that time. At that
time, there came a man, he said, from Alabama, by the name
of Col. Mitchel, and took command of the post — he soon put
things to order.

General Orders.

He sent out some baggage with a platoon of brave, intrepid
soldiers, to go into Milton and Forsyth counties and probe
them, as there were no provisions in Marietta, and go where the
raids had not been, and take corn, bacon or anything they could
find. They struck out to these counties to Crow's, Harrie's,
Wm. Hoods and squire Sam Orr's and divers other places, and
loaded their wagons, and to take a near cut home they came
around and bartered corn for a barrel of whisky, and when
they returned, there was a rejoicing over it, as there was over
the Prodigal's return, and they were so much over-joyed at the
success, that he took his trusty men with Mattox and went to

12 Joseph Gault's Reports.
John Winter's nursery of apples, pears, cherries, etc., and dug
up some thousand or two and took a baggage wagon and sent
them to his plantation in Alabama. About that time, the
United States sent Capt. Grooseback, with the 29th regiment
of Indiana troops and planted his standard in Marietta, at
which time Col. Mitchel and Capt. Patillo fled,' and their brave
home guards scattered and disorganized, and was no more.
Capt. Grooseback, commander of the post in Marietta, of
the 29th Regiment, of Indiana- First, he had rations sent
there to divide out'to him, to distribute out amongst the poor and
destitute. Second, the United States had lost a great many
horses and mules all branded with the letters U. S. — He then
sent his soldiers into the country to gather up those mules and
horses, and they, in a short time brought into Marietta a many
a one. They was then ordered to bring those men who they
found the mules and horses in possession of. — When them or
ders came out, there was weeping and gnashing of teeth amongst
those who had mules branded with U. S. — Some tried to erase
the brand, and when they found they could not do it they left
Cobb and fled to the mountains and lay there some two or three
months to wit. May and June, until the seedticks and red bugs
had come very near eating them up. But, thank God for the
war, it has saved Marietta from being burnt like Sodom. The
sin of Bodom was pride, fullness of bread and abundance of
idleness was in her, and she strengthened not the poor, nor the
needy, therefore I took them away as I was good — and since the
abolishing of slavery, industry is increasing and idleness is
giving way and the pride of industry is on its way to wealth
and honor.— Cobb county will make more cotton this year
than any one county in the State of Georgia. Many ladies in
Cobb, have laid aside their grecian-bend and have put on the
row bend and are making from one to two or three bales of cot
ton, and if they continue, lightning will never burn Marietta
for the sin of pride and idleness, as it did Sodom. Go into
Cobb county at this time and you will find men, children and
ladies busy as bees in a hive — all busy except the drones and
they are larger than the bee, and do nothing but make the
young bees, and when winter begins to come on, these drones

Joseph Gault's Reports. 13
begin to eat the honey, then the bees takes them idle drones
out and discharge them. But I think there is too much chari
ty and sympathy to discharge any of the drones in Cobb, and
craftsmen who gets their living like Diametus did, by his craft
making shrines for the goddess Dianah.

A Judgment for Chairs and Defendant Paying off the Same.

This was a'judgment entered up against a man, by a Jus
tice of the Peace for chairs, in Cobb county. The history of
the case is, that a man by the name of Brown had a note on a
man by the name of Paise for thirty chairs, and a credit on
said note of 18 chairs. Brown went to the Justice of the Peace
and left it with him for collection. The Justice issued his
summons, directed to be and appear on a certain day, time and
place designated, to answer the complaint of Brown, plaintiff,
on a note of 30 chairs and credited 18 chairs. At the appear
ance term, no defense, and the Justice entered up a judgment
against defendant for 12 cheers on a note for 30 cheers, credited
with 18 cheers and 3 cheers for cost, and then issued a fifa,
which followed the judgment and placed in the hands of the
bailiff. At the next term, the bailiff made his entry on the
fifa, no cheers to be found to levy on, and returned it to
Brown, Plaintiff. The Plaintiff then came to author with the
fifa and asked author to find the officer — I looked over the fifa,
and told him I did not think a rule would stick, he then said it
was the d— d — est fifa he ever saw. In a few minutes defend
ant came to author and asked him to give him a lift in that
case and if I would, he would make me a large arm rocker and
bring it to next court. I then told him to bring the 12 chairs
to the next court and I would keep off the rule until that time.
He came and did not bring the chairs — I asked him the reason,
he said he had a wife and seven small children, and no way to
feed them only by making chairs, I then told him when court was
open to come to the court house door and to do as I told him — he

14 Joseph Gault's Reports.
come — i told him to step up on the steps of the door and pull
off his hat and swing it over his head twelve times, and every
time, to huzzah for Silas Brown. He then commenced the
payment, and Brown came up and asked me what Paise was
doing, I told him that he ways paying that fifa you hold against
him, (said Brown all right.) He cheered Brown twelve times.
I told him whilst his hand was in, he had best settle the cost
in the same way, he stepped back and huzzahed the officers of
the court three times for cost, and I spoke to him and told^
him, he best settle my fee before he came down — he asked me
if I would take my fee in the same way, says I yes — he then
threw his hat over his head and cried out, huzzah for old Squire
Gault — three cheers for a large arm rocker for fee — said I, that
will do — I told the Bailiff to satisfy the fifa in full, principal,
cost and Attorney's fees in full, and all parties satisfied.

The Drunkard's Resurrection in His Morning Shroud.

Recently, there was a young man, who resided near Mari
etta, by the name of B. He was a very industrious young
man, but would at times indulge in drinking spirits to an ex
cess. A few months since, he, as usual, takes an over-charge,
and intending to go to Atlanta, he took the cars and directly
found himself at Alatoona Station, sixteen miles on the other
end of the road ; and find that he had not money enough to
pay his fare until morning and freight back, he puts off a foot
to Marietta. Late in the evening, with only 25 cents, he ar
rived in Marietta. About one hour before day-break he went
to his brother's who lived near town, fatigued and hungry. Not
wishing to interrupt the repose of his brother's family, he went
into the kitchen, and, to his gratification found a large dish
of Snap Beans and Bacon, and Bread and Buttermilk. He set
in to satisfy his appetite, and did so by day light. When the
family arose he told them what he had done. By being drunk
that night, sleeping none, and eating a hearty supper, he found

Joseph Gault's Reports. 15
himself pretty sick early in the morning ; he then struck for
Marietta to get his morning bitters, and arrived there just as
the grocery keepers opened. He went in and in a few minutes
he drunk a pint of stump water wine, and in a very short time
thereafter, he swallowed down a half pint of rat-tail whiskey,
and then started for home to take a day's sleep. He had not
got a half mile from town when he became so sick that he
could not travel, and slipped into a thicket on the road side
and lay down. At that time there was a man who resided in
Lick Skillet, by the name of W. of the Methodist order, who was
a firm and sturdy believer in a brimstone hell, and dealt large
ly in the article of brimstone, according to his means. On
that morning I rode up to W's. and saw a little boy, some
eight or ten years old, running towards the house, his eyes
rolling in his head, which appeared to be as large as billiard
balls. W. ran to him exclaiming, what is the matter? what is
the matter? — Why, said the boy, as I came from town I heard
the birds making a fuss in the thicket back yonder, and I went
out into it to find the nest, and had like to have stepped on a
dead man. Is he dead? Said W. Yes he is, for his head was
in a heap of blood, and his brains are beat out and lying at his
mouth, and the birds were eating them.
I went on with W. and Ms son to the slaughter ground,
and there lay B. He was a very red headed man, and had
thrown up his late supper, stump water, and rat-tail, which
made a pile as large as a quart bowl, and the jay birds, wood
peckers and old thrashers, were eating, fighting and frolicking
over their early breakfast, derived from a late supper. Said
* W. here lies Alcohol; and laying his hand on B. said, arise Al
cohol, you are hot dead and are not ready to be buried yet, for
you have no shroud but jay birds and wood-peckers. — [W. was
a man wide between his knees, and his toes on each foot point
ed to each other, and he had a very sharp nose ; and if his face
or head had have been turned half way round he would have
been remarkably full breasted.] B. arose, made a blow at W.,
but missed him, W. broke through the thicket. B. exclaimed,
clear yourself from here you pigeon-toed bowe legged, brissel
noesed, tarapan-backed hypocrit, or I will shroud you with a

16 Joseph Gault's Reports.
convoy of buzzards. W. got out of the thicket and said to me,
before I would ever try to wake him again I would see him
dead; yes, and let him lie until Gabriel's horn toots him up;
yes sir'ee Bob, that I would.

A Justice Commanding the Peace.

Recently there was a case tried in Gwinnette county, by a
Justice of the Peace. It appeared, by evidence, that Defendant
B's. wife was sick a bed, and sent to the Plaintiff A's. wife for
one pound of butter and a half grown chicken. A's. wife sent
the butter and chicken to B's. wife accordingto her request;
and in a short time thereafter, A's. wife sent a pair of shoes to
B. and requested him to find leather and half sole her shoes,
which he accordingly done. And in a short time thereafter A.
and B. had a difficulty, and A. went to D. and C. Justices hold
ing jurisdiction in said county, and prayed process against B.
for the pound of butter and chicken at the price of 18f cents,
which the Justices issued in accordance to the prayer of A. ;
and at the docket term of said case, the defendant B. answered
the charge and plead a set-off and a larger debt, and prayed of
the Court judgment for the balance due him. B's. account
against A. was 20 cents, for finding leather and half soleing
A's. wife's shoes, and prayed judgement for 1^ cents.
At the trial term of said case, the plaintiff A. proved his
account by his own oath in due form of law, and closed. The ,
defendant B. then proved his account by his own oath, and he
closed for defendant. The plaintiff, A. then spoke to B. in
Court, and swore that defendant B. was a d — d rascal and a
perjured villian. The defendant B. swore that A. was a damn'd
liar and a cow thief.
Justice D. in support of his office, and in the mildness of
a Justice of the Peace, arose from his eeat and exclaimed I
command the peace, God damn you both. The parties not
obeying the judicial command of the Court, the Justice arose a

Joseph Gault's Reports. IT
second time and exclaimed, God damn you if I cannot keep the
peace one way I will try another, and, drawing back his fist,
struck the plaintiff on his left cheek bone and broke the skin.
Down came the plaintiff on tbe floor — the Justice gave him
several kicks on his head and side, and then said, damn you, I
expect that the next time you are commanded to keep the peace,
you will do it? He then turned to the defendant and said damn
you, I will give you a little too. He then took defendant by
the throat and choked him until his eyes began to dance like
a billiard ball, and his tongue ran out of his mouth at least
four inches — and down came defendant on the floor. The Jus
tice gave defendant a few kicks and then cried out, now, God
damn you, I reckon you will hereafter learn how to behave
yourself before the Judiciary, and learn to tell the truth, you
damned rascal. He then took his seat and said to S., I have
made up my judgment — I believe them both to be damned
rascals, aud there is only one and a quarter cents difference in
their accounts, and I will give a judgment against each of
them for the cost, and a dollar in each judgment for my time
and trouble for whipping the damned rascals, and accordingly
done so. The money was made in a fifa at the next term of
the said court, and no appeal.

A Case of Seduction.

Some years past, there was a man by the name of Robt.
Rodgers, who resided in Forsyth county, who studied the root
system of medicine, and was a preacher of the Methodist order
and stood head of the clergy. In a short time he was assigned
a circuit in Middle Georgia — he stayed there some one or two
years, and returned to Warsaw, in Forsyth county, and studied
the Botanic system of medicine. He then could cure all kind
of diseases and save the vilest sinner. In a short time he was
called into John Miller's family as a Physician — the old lady
being sick, and when he had to get up of a night to administer

18 Joseph Gault's Reports.
medicine to the old lady, he missed her room door and got into
Miss Sarah's room and in about nine months thereafter she
brought forth an infant son, and charged Dr. Robt. Rogers with
being the father of said child. I asked Miller why he did not
sue the old adulterer and make him pay you for raising the
child. He said he had went to all the lawyers in Forsyth and
none of them would undertake the case without fifty dollars in
advance and that he did not have. I then told him if he would
give me half of the recovery I would pitch into him. We closed
the contract — I then drafted a writ and sent it to the clerk, he
copied and had him served at the trial term — I was sick arid got
Gen. Hansell to manage the case — witnesses not being in at
tendance, he confessed judgment to defendant, and took an
appeal — I attended the appeal trial, both parties announced
ready. We struck a jury from the grand jury panel — Hansell
examined the witnesses. Sarah Miller first witness, swore that
Robt. Rogers, defendant, was the father of the bastard child
and she resided in plaintiff's house, and done all the domestic
business of the house, etc. The defendant's counsel introduced
some two or three witnesses to prove her of bad character —
amongst the witnesses a man by the name of Devenport, a
Methodist preacher — he said he had been acquainted with Miss
Sarah Miller ever since she joined the Methodist church. Was
you in that church? Yes — what was her character then?
Very good. What did you turn her out for? We discovered
she was growing out of shape. Who did she charge with com
mitting that offense with? Brother Rogers, the defendant.
We close here.
How many will argue on each side? Gault and Hansell
for plaintiff, Lester and Brown for defense. I then addressed
the Court in my mild and usual manner, David Irwin presid
ing, to admit me to argue the case in a plain old field school
master style, and to use the language of my mother tongue, as
I never had the benefit of rubbing my back against the, college
wall, and wish to argue this case dispassionately and without
levity on my part, which His Honor granted.
May it please the Court and gentlemen of the jury, this is
an action that John Miller has brought in this Court against

Joseph Gault's Reports. 19
Robt. Rogers for the seduction of his daughter, Sarah Miller.
This action is not for the maintainance of the child, but it is
for the loss of labor and services which he lost by defendant
getting with child — for then she was not able to perform the
services as she was before ; but we will not stop here, it is for
other wrongs which the defendant did by his infamous acts.
He brought home to this old grey headed man, tears and sor
row by his family, and in violation of the law of the country
and the law of God — then I think you should bring in a round
verdict against this old adulterer. First, I will give a synopsis
of the evidence of Sarah Miller. He was her father's family
physician and come to visit her mother, then sick in bed — he
gave the old lady some medicine and then said about twelve he
would get up and give her more medicine, but instead of going
to her mother's room he went into her room, in the dark hours
of night. Dr. Devenport's evidence was — respectable when
she joined the church and was turned out for adultery or forn
ication with Dr- Rogers. Witness said he made that unfortu
nate visit to her bed room in the dark and silent hours of mid
night, as dark as the crime which he went to perpetrate — and
do you not believe he held out the same argument to her as his
father the devil did to mother Eve in the garden of Eden, with
all the subtility of the serpent.
Then gentlemen of the jury, after the facts was proved and
the charge rivited on him, what did Dr. Rodgers do? He in
troduced two or three witnesses to prove the general bad char
acter of Miss Sarah Miller, amongst whom was Dr. Devenport,
a Methodist preacher, and what did he swear — that Sarah Mil
ler was of good character until she was tried in the church and
turned out under a charge of adultery or adultery and fornica
tion — and when witness was asked who was charged with com
mitting that offense, he answered, with Brother Rogers, de
fendant. Now gentlemen, I wish you to take an impartial
view of this case when you retire to make up your verdict.
The counsel for defendant will perhaps tell you, that you
should return a verdict for defendant, because she was turned
out of the church, charged with adultery, and she was thought
to be slippery. I then asked who made her BO, Dr, Rogers. Now

20 Joseph Gault's Reports.
gentlemen I will now turn to my old friend Dr. Robt. Rogers,
epithets enough without the addition of an adulterer. I now
ask you what kind of medicine was that you practiced with in
John Miller's family? And what kind did you give Miss Sarah?
Was it balm of Gilead? Andjdid you restore Plaintiff's fam
ily to health? And in what situation did you leave the Plain
tiff's family? I will try and tell you, he left that which was as
poisonous as the Baupas of Javy to its visitors, certain death —
his daughter disgraced with a bastard child in her arms, and
this poor old man in tears and sorrow, and a bastard child to
raise for this old adulterer and he 75 or 80 years old, and this
old scamp refuses to do anything towards supporting that
child. It is the duty of every father to support his children,
and When old, it is the child's duty to provide for the parent :
but this Doctor has wholly neglected and refused, and still
doth refuse to do anything whatever towards the maintainance
of that cliild, but has left it broad cast in the world, for a poor
old man 75 or 80 years of age to support. Gentlemen of the
jury, in consequence of the Defendant's conduct towards the
Plaintiff and his family, he has appealed to the country — you
are twelve of that number that has been chosen out of the Grand
Jury of Forsyth county — you are to be the judges of the law
and the facts — you will perhaps be told by the learned counsel,
that you should find for Defendant — you may do so, but I do
not believe that you will — you perhaps will be told. Attorney
for Plaintiff is only harrassing Defendant, because he is
wealthy and the Plaintiff poor, and it is money that he wants
— that is true, and the larger the verdict the more favorable to
her character. Give a small verdict for Plaintiff and make
her case worse — but give us a round verdict against the De-
fendant and you will partially wipe off that stain that now
rests upon her — for if woman once chance to swerve from the
strictest rules of virtue, ruin ensues, reproach and endless
shame, and one false step forever blasts her fame. She sets
like stars that fall to rise no more — therefore, you should, in
your verdict not divide hundreds nor thousands, and not to
strike at the buttons on his old coat, but strike at his purse,
and that a round sum, and that will make him sweat freer

Joseph Gault's Reports. 21
than he does now, and the sweat is now standing on his face
as large as cow peas, and I will give you several reasons why
you should find a heavy verdict against him. First, he dis
graced the church to which he belonged — secondly, he would do
nothing for the support of his child — thirdly, he slipped into
Miss Miller's bed room in the dark hour of the night with his
Bible in one hand and Botanic medicine in the other — fourthly,
he then tried to prove in court, her bad character, but failed
to do so.
Gentlemen of the jury, I say to you again, you should find
a round verdict against this old adulterer. You were taken
from the panel of the Grand Jury of Forsyth county, and
many of you from appearance is blooming for the grave, and
perhaps some of you have little daughters playing around your
knees that you like as much as John Miller did his daughter,
Sarah — therefore you should find a heavy verdict against him,
and not divide tens, hundreds nor thousands. — If you do not
find such a verdict, those circuit riders and root doctors, will
say, I want to go to Forsyth county to preach and practice on
the root system, for adultery and fornication is no crime in
Forsyth county, for old John Miller sued Bro. Robt. Rogers
for seduction and old Miller proved the fact by Brother Deven
port and by G — d the jury returned a verdict against old Mil
ler for the cost.
Gentlemen, perhaps you recollect reading the Revelations
of John while in the Isle of Patmos, when the locusts infested
Egypt under the command of Mohomet, that he saw there in a
vision — and the sound of their wings was as the sound of many
horses and chariots running to battle, and they had stings in
their tails, and their authority was to hurt no green grass or
green tree, nor no cattle, only those they killed to eat, which
proves them to have been mystical locusts, and their authority
was to torment men five months, and to kill those who had not
the mark of the beast in the forehead or in the hand. And if
you do not return a rouhd verdict against this old adulterer,
every circuit rider and root doctor will come to your county to
preach and practice as root doctors, and the sound of their feet
will be as the sound of many horses and buggies running in

22 Joseph Gault's Reports.
Forsyth to camp meeting — and they also have stings in their
tails, and with them they will hurt, and there uchas or man
date will be to hurt no green tree nor green grass and to kill
no man, but to kill all your fat pigs, turkeys and chickens for
them to eat and instead of tormenting men five months they
will torment petticoats nine months. And now gentlemen I
will come to a close and leave the case with you, laying all
levity aside, if you think any has been made use of in the dis
cussion of this case. I again say, that a man that has taken
the field as a Minister of the Gospel and then palm himself off
on the community as a Physician and practice in a respectable
family as that old adulterer disgraced — gentlemen could the
gold of Ophir make restitution for such slander and abuse in
your family — answer no; then gentlemen, give this old grey
headed man what we would give to you, and by thus doing, you
will put laurels on your heads and a wreath on your county,
and a shield and garland of protection Iround your little
daughters that guard them safely from the lust of those mid
night assassins, who are going over the country with a form of
godliness, but deny the power thereof. It would save your
family from disgrace and sorrow that that old preacher and root
doctor has brought on John Miller and family. And as I say
to you again it is your duty to return a round verdict against
this old root doctor; first, he was a Methodist preacher and
disgraced that body of christians; secondly he was her father's
family physician; thirdly, he got Miss Sarah to join the
church and fourthly seduced her and then attempted to prove
her of bad character which he failed to do, as John Miller's or
any other family I care not whose, should be dealt with in a
manner becoming the duty of a Grand Jury of the county in
order to protect the morals of' the country, and when you gen
tlemen, return your verdict I think it will make that old hypo
critical adulterer feel the effects of his conduct and bring tears
from him and make him cry like a June bug, and when the
rising generation looks over the records of this and finds your
verdict in this, let it be such that will scent like a rose when
you are dead.
We the jury find for Plaintiff four hundred dollars with
cost of suit. R. McDonald, Foreman.

Faith, Hope and Charity.

Some few years past there was a great protracted meeting
held in the exterior part of Georgia, about which time the
Treasury of the Lord was getting empty, alias the pockets of the
clergy; and on that occasion there popped up on Sunday morn
ing an old disciple, who was well skilled in the art of begging.
He arose and opened his battery, and after making some pre
liminary remarks, said that he would confine himself princi
pally to that part of sacred writ, to wit: Faith, Hope and
Charity ; but Charity the greatest of the three ; and a person
might have Faith, and Hope, but without Charity it would
avail them nothing ; and my dear beloved friends here is many
beloved brothers who have left their homes, fathers and moth
ers, sisters and brothers, wives and children, and traveling
through heat and cold, wet or dry, sleet and snow, hurricanes
and storms to save the wicked men from an eternal hell ; and
many of those beloved angels have not 25 cents in their pock
ets ; they must be clothed, and they must be fed ; and then said
before he come down to make a collection he would tell them
an anecdote. There lived in my settlement a God loving and
a God fearing minister of my Gospel ; and in the adjoining set
tlement there lived a poor old beggar, and one morning the
old beggar was passing by the house of that God loving and
fearing minister's house, and he called the old beggar to come
to his house — the beggar come in and the God loving minister
took the beggar to his meat house and cut down a ham of meat
that weighed twenty-five pounds, 16 ounces to the pound — the
beggar started off with the ham, and the God loving minister
called him back and said the devil had tempted him, that he
had given him too much meat ; the old begger was fearful that
he was going to take it from him, and the God fearing minister
said he would disappoint the devil and cut down the other ham
and gave it to the old beggar — and he went off with the two

24 Joseph Gault's Reports.
weighing 50 pounds on three legs (two was the age of his in
firmity and the other was a staff,) leaping and praising God,
that religion was not extinct on the earth. Now brethren,
when I come down to make a collection, you who is attempted
to give 25 cents give 50 cents, and you that have been tempted
to give 50 cents, give $1, and you that is tempted to give $5,
and so oil, and thus doing, you will throw death and destruc
tion into the worn dominion of the devil's camp and curtail
his power, (there was an old lady sitting there,) yes, glory to
God I say, cut it short so that he cannot sweep the angels out
of heaven any more, and let him be a stump tail devil all his
life ; and her under jaw come up like an old weather beaten
flat brick.

The Inquisition.

Inquisition is a court established in some countries for the
destruction of heresy, as in France, Spain, Portugal and Ger
many, which was established by the ecclesiatic order of the gov
ernment ; they charged all people with the crime of heresy
who did not believe in their creeds and manner of worship,
they put them to death in divers ways, that inflicted the most
excruciating pain — by the rack, the stake, the gibbet and the
guillotine, which leads us to inquire what order of the clergy
enforced the inquisition. Many say it was the Catholics — for
my part, I differ from the se that think so. The Roman Cath
olic Church is the oldest church known, and all other churches
or orders of Christians took their church ordinances from the
Church of Rome ; and we know whenever one order of churches
gets the ascendancy, and a majority, and established by the
laws of the country, they become monarchal and despotic, and
would crush all other orders. We discover that principal, in
John Calvin, who burnt Servetus with green wood, to make his
suffering as long and painful as possible. Look at our own
country, America ; that the protestants who were learnt perse
cution in Europe, as soon as they landed in Massachusetts they

Joseph Gault's Reports. 25
commenced persecuting and prosecuting the most innocent and
best people in America, called Quakers, and commenced hang
ing them ; the Catholics slipped in and stopped the blood shed
ding ; so we discover in all ages, a man that is clothed with
power unmerited, he grows in cruelty and despotism ; therefore
we see that Inqisition is confined to none, but to designing
tyrants and despots ; and a Republican Government is poison
ous to Priest-craft and tyrants, as the Boanepus is to its visi
tors ; they bind heavy burdens and lay them on others should
ers, which they themselves do not touch with one of their fin
gers. Kind reader, if you desire to live under a Republic, when
you go to the ballot box, vote for no man who falls out with
you for a dissent of opinion, and put not the reins of Govern
ment in the hands of no sectarian body; if you do, in less
than fifty years they will sap the tree of liberty, planted by
Washington, watered with the blood of his compatriot heroes,
who fought to establish the same — and they will shed crocodile
tears upon its roots and will consume like drops of fire, until
it is prostrated on the plains of ruin of tyranny, unless the Re
publicans of Georgia watches our liberty tree, and guard
against corruption and tyrants ; and let us try and muster the
bands of Popes, priests and kings and march them to the land
of oblivion, where I wish them a long and peaceful repose in
the bosom of nonentities ;
Then peace on earth will hold her easy sway,
And man forget his brother man to slay.

The Three Measures of Meal.

This is one of the anecdotes that I promised to the reader
in the preface of this most useful work.
Recently a man by the name of Jacob Frize came from one
of the Northren States to the state of South Carolina, a preacher
of universal salvation. I heard him preach on Saturday, and
on the next day, he was to preach at the same place. I was at
that time boarding in the house of a very good old lady, a
sturdy believer in a brimstone hell, and advocated the doctrine
strong; after some persuation, I got her consent to go and hear
Frize preach; when we got there, the house was crowded; I at
length procured a seat for my old friend. Mr. Frize commenc
ed, taking his text as follows : — "The wheat shall be gathered
into the garner, but the chaff shall be burnt with unquencha
ble fire." He showed what the wheat was and what the chaff
was, and showed the general restitution of every son and
daughter of all mankind; he likened the kingdom of heaven to
a woman that lost a piece of silver, and swept until she found
it; also to the mustard seed, that was sown, and it came up
and grew to be a great tree, so that the fowls lodged in the
branches thereof ; also, in trying to show his hearers the doc
trine of universal salvation, he quoted that part of the sacred
writ, "That the kingdom of heaven was like unto a woman
that put leven into three measures of meal, until the whole
lump was levened." As soon as meeting was over, I felt anx
ious to know how my old friend liked the sermon ; and so soon
as I got the opportunity, I asked her. The old lady turned her
head to me, and with a sarcastic smile, said: Like! like, 1
think you say; like who ? — in the name of God, did you ever
hear the like. What, said I, is the matter? Mattel! do you
not know what is the matter ; I never heard so many lies in all
my life, said the old lady. What said I, did he say ? He said
that a woman was put into three bushels of meal, and then
come out e-leven wimen, and I know he told a lie, for wimen is
not made in that way, nor never was, said the old lady, at the
same time knocking her fists together, and brawled out ; I want
to hear no more of him.

A Preacher Collecting Money.

There was a man who resided in the 16th, district of Cobb
countyj by the name of Fowler, who was a preacher of the Mis
sionary Baptist order. He was one day at Marietta, and our
friend, Billy Green, (not Dandy Billy of the 20th, district, but
Town Billy, alias snorting Billy,) was there; and also a man
by the name of John McLain was there. Previous to that
time Billy had ca sa'd McLain and had the cost to pay, and
he was lying in his complaints to his brother Fowler, that Mc
Lain was due him, on fifas, some sixty dollars, and that he
could not get one cent out of him. Brother Fowler said to his
Brother Green, to hand him the papers, and he could get his
money, for he just now saw McLain with a roll of money as
thick as his wrist. Brother Green handed his demands to
brother Fowler, and said that he would give brother Fowler five
dollars if he would secure his demands against McLain. He
swore he would do so or whip him, and started across the Square
to McLain. Fowler was one of those tall, long girted men,
and had on a. long skirted, homespun cotton coat, with very-
large pockets; he had in one pocket his family Bible, and a
large wine bottle full of corn whiskey in the other. Green and
several others followed on to see McLain fork over the money
to Fowler ; but on the demand McLain refused to pay it. Fow
ler swore if he did not fork over the money in two minutes that
he would whip him. McLain said whip and be d — d, and at
the same instant McLain struck brother Fowler on the side of
his head with a short stick he held in his hand ; down came
Fowler on the ground, McLain covered him. Brother Green
cries out hurrah ! hurrah ! brother Fowler, by the life I fear
you will never be able to get my money if you do not fight
faster. — By this time there were several other brethren present,
to-wit: one Hartwell Jones, John Rainy, and others, who
cried out, part them ' part them 1 and jumped in and parted
the combatants. In the scuffle brother Fowler got his long

28 Joseph Gault's Reports.
homespun cotton coat split from the waist to the coller, and
his pockets, being very heavily charged, the skirts fell round
before him. He went to a well in the public square and wash
ed, accompanied by brother Jones, Raney and many more. —
Brother Fowler paid to his brethren, let us take a little of the
over-joyful; and thrusting his hand into his pocket, pulled out
his Bible, when he exclaimed: Oh 1 oh I that is my Bible.
Running his hand into the other pocket he pulled out a large
wine bottle of corn whiskey, then cried out, here is the article,
and turned it up to his mouth, and it went good, good, good,
three times, and he set it down. Come up brothers and take a
little of the over-joyful ; come brother Jones, you and brother
Raney and all of you, and take some. At that time I was
standing by David Dobbs, some ten paces off, and brother
Fowler said come up brother Dobbs and take a little. Dobbs
thanked him, and said he hoped he was not a brother of his,
for I am in the Baptist Church. So am I, and a preacher of
that order, said Fowler. I am sorry of that, said Dobbs.
About this, time Green cut the coloquy short by saying, well
brother Fowler, you did not get my money. No, said Fowler,
but if they had not parted us I would have whipped his soul-
case out or made him fork it over. Fork over the devil, said
Green, you will never get that money by whipping McLain.
Fowler ran away, and he was the last collector in Cobb of that
order.

Case of Slander.

This was an action brought before the Justice of the Peace
for slander, the circumstances of which were as follows : —
There was a night meeting in the vicinity of the author's resi
dence, near which an old man resided by the name of Cane,
a very honest, industrious, good citizen, but who would take
his "little sprees" of drinking some times. On the same even
ing of. the meeting, the old man got about "three sheets in the
wind," and solicited the author to go with him to the meeting,
which he done. Theyarrivedthere just as services commenced,
an old preacher by the name of Abel preaching. — About this
time there was a great revival of religion, and the preacher
selected for his text, "Where is thy brother, Abel?" He went
on, in his sermon, to show that Cain was the first murderer,
because he slew his brother Abel. He preached a very affect
ing sermon, and invited all that wanted to go to heaven to
come up and kneel down, and he would pray for them; they
all went up but the author and Cane. The preacher then
bawled out in the course of his prayer ; Cain where will you
be in the day of judgment, when the Lord shall say to you,
where is thy brother? Cane here spoke to the author and said :
D — m my wig, if I don't believe I will go up and be prayed
for. Go on. Cane, replied the author. He went up, and Abel
took hold of his hand and laughed, Cane cried; and after
laughing and crying awhile, Abel told Cane to knuckle down
and he would try to supplicate 'a throne of grace' for him, and
commenced lamenting in his behalf : 'Grate Almighty God,'
said he, 'here is an oald idoliter, who has come and prostituted
himself at the foot of thy umble servant, to git him to suppli
cate a throne of grace for him ; grate God, thou knowest he is
an old idoliter, thou knowest he is an oald fornicater, thou
also knowest that he is an oald drunkard, and grate God,
which is the worst of all, thou knowest that he is an oald lyre ;

30 Joseph Gault's Reports.
wilt thou be pleased, instid of putting burnt whiskey in his
mouth, to put prayers — instid of putting falsehood upon his
tongue put truth, and lit him lisp truth until the day of his
deth — take his feet out of the mire and clay, and sit them upon
a rock of eternal ages, and put a new song in his mouth, such
as praises to the tryin and livin God — Amen.' After praying
and singing awhile the meeting adjourned.
As Cane stepped out of the door, the author asked him
how he liked the prayer. Durne my wig, if I like it a'tall,
said Cane. The author then advised Cane to sue Abel for
slander, stating that he had never heard a more aggravated
case of slander in all his life. The next morning. Cane went
to a Justice of the Peace and made his complaint, on oath,
that Abel had Blandered him the night before in a prayer. —
The Justice issued his warrant in these words :
Georgia. — To any lawful officer, to execute and return :
Whereas, affidavit has this day been made before me by
Cane of said State, that Abel of said State did ou the night
last past, then and there, commit a base slander upon Cane.
These are therefore to command you forthwith to arrest the
body of the said Abel, and bring him safely before me and me
only, that he may abide such damages as may be so assest
against him for such slanderous prayer and base slander
therein. Pail not under the penalty of the law. Given under my
hand and seal.  ¦¦  , J. P.
The constable, on the same day went and arrested the body
of Abel, and safely conveyed him before the said Justice, as
directed in said warrant. Some half dozen witnesses were sum
moned on each side. The case was called — both parties ans
wered and sounded themselves ready, and the trial proceeded
as follows :
The indictment being read, the defendant filed his plea of.
not guilty. Witnesses called and sworn, the Justice heard and
examined the testimony on both sides, and inquired of the
wealth and stock that each of the parties had. It appearing
that Cane had a large stock of cattle and Abel a large stock of
hogs, the Justice wrote out his decision as follows ;

Joseph Gault's Reports. 31
' 'It appearing to the Court, Abel made the prayer for Cane
without solicitation on the part of Cane, and further appearing
to the Court that Abel's prayer amounted to slander ; it is there
fore adjudged and ordered by the Court that Abel deliver to
Cane one sow and seven likely pigs, and also give bond and
security in the penal sum of five hundred dollars, that he never
pray for Cane any more, with cost of suit.  , J. P.
After the decision was read, Abel spoke to the justice, and
said that it was not necessary to bind him in bond, for he would
see Cane in h — 1 before he would ever pray for him any more.
The court then adjourned.

The Squire's Death and the Fiddler^s Funeral.

In this chapter I will give the reader a small sketch of my
travels in early life. I have ever been fond of good music, and
believed that fiddlers were the best and happiest men on earth,
always had the prettiest women for wives and the smartest
children, except Squires; and have of ten prayed that I had been
a fiddler, or a Justice of the Peace, for they and their families
are equal to that of a fiddler's.
Well, in the year 1820, I embarked in that unthankful
business called Pedling, and in the month of May, of the same
year, I was traveling through Lawrence Distrct, South Caro
lina, when my opinion was explicitly proved to me, that fid
dler's wives loved their husbands above all other women, par
ticularly if they are Squires ; and I hope the history of this case
will convince the reader that I am correct. In the month and
year above stated, I was in the flat, marshy part of that dis
trict, where the sun in the spring of the year, rises clear, and
by the time it is one hour high, the fog rises so thick that
darkness becomes again intense. I stopped at the house of a
Dutchman all night, and the next morning about the rising of
the sun, I started on my journey, but had not got more than a
mile or two from the house, when the fog became so thick that

32 Joseph Gault's Reports.
I could not see the road two paces ahead of me. I traveled on
the best way I could, until my ears were startled by the lamen
tations of a woman, and the shrieks and cries of children. I
stopped for a few minutes to ascertain in what direction they
were, and finding they were ahead of me, I drove on, until I
came into an old field, principally grown up with pine-sap-
plings. The fog by this time, having cleared off a little, so
that I could see a few hundred paces ahead of me, I discovered
a pine pole cabin on the side of the road. I drove up, hitched
my horse, and walked to the door of the cabin, and found that
it contained the distressed persons. I opened the door, and
discovered a small pale looking woman sitting on the sand
some four feet from the fire-place, and three or four white-
headed children hanging around her neck, and crying and hal
looing as loud as they could. Good God! (said I,) Madam 1
what is the matter 1 She started up at the sound of my voice,
flinging the children here and there, and cried out : Matter,
matter 1 there is a heap of matter here, for the Squire has just
died, and there he lies, pointing her finger to the bed. I turned
my head towards the bed, and sure enough, there he lay. I
then approached the bedside, and felt for his pulse on the wrist
and temples, but none could I find. The cold sweat of death
was on his face, and his mouth and eyes widely extended. I
closed his eyes with my fingers, and bound a piece of cambric
under his chin and over his head, which closed his mouth —
then turning to the lady, I asked her how long he had been
sick. She replied: ^'Sick! sickl did you say, sir — why he
never had a minit's sickness since I first know'd him; no, sir,
he died suddenly, and I shall miss him mightly, for perhaps,
sir, he was one of the best fiddlers that ever touch'n a string,"
— here she stopped and cried as loud as she could, and after
she ceased crying, related to me the following particulars rela
tive to his death: "This morning just after day had broke,
he (the Squire) spoke to me (her) and said, 'My dear, I want
you to git up and git early breakfast, as I have to go about ten
miles today to play the fiddle for a frolick,' and told me to be
in a hurry, and he would play for me my favorite tune; when
I was a gal it was called the Ladies Breast Knot, but he calle d

Joseph Gault's Reports. 33
it "Sugar in the Gourd." She then arose to her'feet, her tears
ceased flowing, and commenced patting on the sand with her
right foot, while the fingers of her left hand were moving like
those of a fiddler, and her right arm swinging like that of a
fiddler's elbow. After getting in this position she sung as fol
lows : Oh 1 sugar in the gourd and I couldn't get it out,
I roll'd the gourd about till the sugar poured out;
"And then," said she, ."he played me my other tune; he
called that 'The old man and old woman up in the loft ; and
then said to me, 'my dear, set the table, and I'll play my
favorite tune, 'and so I commenced setting his breakfast — and
there are his pancakes on the table — and he commenced play-
idg his favorite tune, then he dropped his fiddle, and, with the
motion of a fiddler, commenced singing :
'Give the fiddler a dram, give the fiddler a dram.
Give the fiddler a dram, I say!
Give the fiddler a dram, give the fiddler a dram,
And give it to him quick I say 1
When death struck him at the same time, and there is his fid
dle, and here is his bow. Oh, ruined 1 ruined forever," and
she let loose, and such hallooing I never'since heard from a wo
man. I could not stand it longer, so I said to her, "God be
with you madam," and left her cries still ringing in my ear%.

Assault, "With Intent to Murder.

This was a case before a Justice of the Peace, of Murray
county, by the name of James McGee. On the return of the
warrant which he had issued against Gen. W. Warcasar, and
nine others — which warrant was directed to William McGhee,
Sheriff of said county, and for him to summons a guard of
twenty-five men to arrest the said Warcasar and the other nine
defendants, and bring them before him in order that the case

34 Joseph Gault's Reports.
should be investigated fairly. The Sheriff, in obedience to
said writ, summoned the guard of twenty-five men, and went and
arrested the ten defendants and brought them before his Honor
Justice McGhee. On the trial exparte, he found them all guil
ty of the Riot; and with tears in his eyes said : Wake, I love
you like a brother — it grieves me to pass the sentence of the
law. Col. Warcasar, like an honorable man, observed, made
out a bond — I am ready to give a satisfactory bond. But, said
Mr. Justice McGhee, that is not the mode of proceeding. I
will make the sentence as light as possible, and shall only sen
tence you for two years imprisonment in the penitentiary.
You be damn'd, says Col. Warcasar ; what have you to do with
sentencing men to the penitentiary. I will show you, said Mr.
Justice .McGhee, as you doubt my authority ; I sentence you,
Mr. Warcasar, to four years hard labor in the penitentiary,
and the other nine to two years each. — McGhee, according to
sentence, issued his mitimus directing the Sheriff, with his
guard of twenty-five men, to take the aforesaid defendants to
the keeper of the penitentiary, designating in the mitimus
that George W. Warcasar should serve four, and the other nine
two years. The 'Sheriff accordingly started with the ten pris
oners, and in Oothcaloga Valley passed Counselor Stokes, who
was plowing, who told them he could discharge them on a writ
of habeas corpus. They requested him to do so. He takes out
his horse, mounts him bare back, and follows to Cassville,
which place they reach in fine cheer. The ten devoted convicts
employed Messrs Hargrove & Underwood as counsel, at ten
dollars each, making the decent fee of $100, who, assisted
by Counselor Stokes, had the prisoners released. After which,
supposing they were honorably bound to pay Stokes something,
handed a hat round to make up a fee, and each man very lib
erally threw in a dime — making the sum total of $1 for riding
twenty-eight miles bare back and pleading a snarly case 1
Judgment of the Inferior Court of Cass county — Prisoners
discharged under a writ of habeas corpus.
Sheriff McGhee paid the guards' expenses, &c., and has
subsequently petitioned the Inferior Court of Murray county for
$300, the expenses he was at; but the court refuses to pay him,
consequently the poor Sheriff has sustained a net loss of three
hundred dollars.

Joseph Gault s Reports. 35
The Wilkinson Frolick.

In traveling through old Wilkinson county, when, on one
Saturday evening, the sun some hour or two high, I met a stout
looking, young sand lapper, who spoke to me very politely and
informed me that he was a Justice of the Peace, and was
also a candidate for the legislature. After conversing a short
time, he asked me where I lived. I informed him that I resid
ed, when at home, in Habersham county. Good Lord, sir,
said he. that is a long way from here? You then live North
of the Blue Ridge? That expression rather attracted my at
tention — discovering that he was a man of some information.
He was dressed in a round jacket, coarse broadcloth coat, a
wool hat, and a pair of brogans. Having some business with
a gentleman that lived in that county, I enquired of my new
acquaintance where I could find him. He informed me that I
had passed him, and that he lived a mile or two back, and off
to the left of the road. He insisted that I should go with him
to a frolick that night, and that it was not more than one
mile out of the way, and that he, next morning, would go with
me to the house of the man I wished to see. Accordingly I
consented and went back with my new friend to the frolick.
(I must here remark, that old Wilkinson's is one of the great
est places I have ever seen in my life for children — whether
legitimate or illegitimate — and some of the women plagued
hard to head.) At about sunset, my new friend" and myself
rode up and alighted at a double, pine-pole cabin, with a sand
floor. We had not been there long before in came twenty
women^ — each one of having a child in her arms or on her hip,
and all barefooted; and about as many young men. They
then held a council and appointed my new friend to the office of
superintendent of the frolick. After making some preliminary
arrangements, the manager turned himself around on his heels
and spoke to a little dirt-eating looking lad, and said — "Bill,
take them taters out of the fire and put in more, damn it, the
people will want something to eat ; take up them there tater
pealings and put them in the beer barrel, the people will want

36 Joseph Gault's Reports.
beer. Saul, is Wilcox coming to play the fiddle for us tonight?
No sir, he was not at home. Well Saul, get your bones, you
can beat the Wilkinson jig, superior to any fiddler's music."
The girls, had each of them taken a large potato and were eat
ing them; the manager then turned round to me and said,
'friend will you skin a tater with us?" Yes sir, I replied.
Saul got his bones, which were about six inches long- Saul
was about twenty-four years old, and weighed about seventy-
five pounds, and a very sickly looking lad. He walked to the
back of a chair, then said the manager, "now Bets, I want
you to beat John Snelgore dancing the Wilkinson jig."
"Here Sal," said Bets, "hold my tater, and don't eat it."
"Rot durn you," replied Sal, "who wants your tater? — I
don't." They then walked out and Saul commenced with his two
bones between the back rounds of a chair, and patting the tune
with his foot, sung the words as follows :
"Hah, Raccoon foot and Possum fat,
A wild goose gallop and a gander hop.
Hah jack gangorea, jack gangorea."
"Sixteen sweet hearts to one poor gal,
Enough to break the poor gal's heart.
Hah jack gangorea, jack gangorea."
Then said my friend, "Huzza 1 Bet, you are lacing it on
John Snelgore, now Saul go on."
"Wait till I rest," said Saul; and his neck veins beating,
and swollen as large as my finger. But in a short time he started
his music again :
"Hah, I never can go from home
But it falls to my lot to break a jaw bone.
The jaw bone broke the marrow flew,
Up steps Bill and takes some too.
Hah jack gangorea, jack gangorea."
"Huzzah! Bets, by G — d you can beat any gal that ever
the hair grew on the head of. They held on all night, and
then adjourned until the Saturday night after the October
election. My friend wrote to me afterwards that he was elected
to the Legislature by a large majority, and that the frolick
made him many friends.

The Badger Skins — ^By the Rev. Mr. Figglns.

There was an old gentleman who resided in the county of
Habersham, and belonged to the Christian church, called
Hardshell Baptists, and was a preacher of that order, whose
education was very limited. He said he could spell in the
spelling book by heart as far as crucific, and could spell in the
book to cotemporary, and that he could read in the New Testa
ment and not spell more than half the words — he also said,
that the Lord had chosen the weak things of this world to con
found the mighty. The Rev. Mr. Piggins then took his text in
the Old Testament, (the book, chapter and verse not now
recollected.) "And t-h-h t-h-e-y they c-a-u-g-h t caught
b-a-d-g b-e-g-g-a-r-s beggers s-k-i-n-n-e-d skinned them and
c-o-v c-o-v-e-r-e-d themselves with b-a-d-g-e-r begger skins."
He then opened his battery and threw a great many bumb
shells loaded with brimstone into the devil's camp ; he also
showed how times had changed, the manners and customs
amongst Adam's race. He said a few years ago a lady of com
mon size could cut herself out a dress out of five or six yards
of cloth, and the dress was large enough, but in the present
day it takes from 15 to 10 yards to make a lady what they call
a decent sized dress, and to all appearances they have a bed on
their back, and their hips padded with a pillow on each hip —
that is the reason of all this extravagance, and 0 1 might these
ladies look back to the five yard dress not forty years ago, and
O ! may they look back to the time when the Lord suffered the
people to skin beggars and make clothing out of their hides.
Oh 1 my friends and brethren, what a great contrast between
a feather bed, two pillows and sixteen yards of cloth, when
compared to that of a beggars skin — and of all people in this
world, beggars should feel the most thankful to God, when
beggars were skinned alive and their skins made clothing for
others ; the Lord now suffers them to wear their hides on until
they die. Amen.

Women Franchised.

When we look over the dark letters of ages past and see the
different laws and the different forms of government that has
existed since the creation of man, down to the present time,
we see from Republics, Anarchies, Monarchies, limited and
unlimited, which amounts to a Despotic Government. — Rome
once a Republic, and after many hundred years, she came
down to an Anarchial or a Despotic Government, occasioned
by the corruption of her rulers. Greece, the seat of arts and
science, culture and painting, poets and philosophers, histo
rians and heroes, who gloried in her liberties, even more than
in giving birth to such an off-spring — and by the love of power
and usurpation she was conquered and subjugated by the tur-
baned Turk, and is at present, a nation scattered and pealed,
and when women is once Franchised in America and entitled
to hold the reigns of Government in their hands, we may look
out'for a reign of terror and blood — for in the present day not
one man in ten govern our women, and if they had the reigns
of the general Government in their hands, five hundred thous
and men, such as Wellington had at Waterloo, could not sub
jugate the State of Georgia ; their reign would be more cruel
than the reign of bloody Mary, Queen of Scots, and Elizabeth,
Queen of England, who ruled with an iron rod, and Queen
Cleopatra, Queen of Egypt, who captivated Anthony by her
beauty and stratagem, and wounded Caezar, and when over
powered by superior numbers, rather than yield to her ene
mies, she procured an asper and. put it in her sleeve, and the
reptile bit her and instantly put an end to her existence ; there
fore, I think it impolite to put the reigns of Government in
the hands of women, for they all have the power that God
guaranteed to them, and they are still fighting for more. Men
rule the government and women rule their husbands, for when
old mother Eve stuck her tooth into the forbidden apple, God
told her that she should bring forth children in sorrow, and
her desire should be to her husband, and he should rule her —

Joseph Gault's Reports. 39
and ever since, women have been fighting against that sen
tence that God inposed upon her — and a great many women
had as soon die as to be ruled by their husbands, or, live in
riot and disgrace until death ; therefore they are not the proper
ones to rule, yet I believe in women's rights — first, they
should be treated with kindness and respect by their husbands
— secondly, she should have control over the cradle, the dairy,
the broom, the kitchen and dish rag, and all other things ae
belong to a domestic woman and a good and agreeable wife.

The Gospel.

There is a great diversity of opinions prevailing amongst
men and different denominations called Christian and Calvan-
ists who believe in election and reprobation, Armenians who
believe in good works and divers other denominations and all
of them quarreling about religion, and when you come to sum
them all up together, there is but one sect called Pharasee ! —
One says his doctrine is the Gospel, another says his doctrine
is the Gospel, and they preach an angry God, and a local
fiery brimstone hell in eternity, and floating over the country
and preaching that heart consoling doctrine, they tithe all
their Proselytes, even the poorest widow or orphan, and they,
at that time getting a standing salary of from one to two
thousand dollars a year, and like the horse leach of Egypt,
crying give, give, give, and their sorded avaricious appetites
is never satisfied, and they have no sympathy for the poor and
afflicted, but in their sanctimonious prayers they set in Moses
seat, and become the counselers of the Lord and bids him to
feed the hungry and clothe the naked and excuse themselves.
They bind heavy burdens and lay on other men's shoulders,
which they themselves do not touch with one of their fingers.
But if I understand what the Gospel is, it is good tidings of
great joy that was to all people, kindred, nations and tongues,
and when the wise men who had kept time of the prophesies of

40 Joseph Gault's Reports.
the Prophets of the time that Christ was to make his appear.
ance in the world, the wise men discovered a star in the east
and they followed it and in passing some shepherds that was
lying on the plains watching their flocks by night, and seeing
strange evolutions in the elements, great fear fell upon them
and when those heralds or angels returned, they brought good
tidings of great joy, which was the Gospel. "Fear not shep
herds for behold we bring you good tiding of great joy, which
shall be to all people — Christ is born in Bethlehem of Judea,who
shall save his people from their sins" — and who was his peo
ple? All nations, people, kindred and tongues was given to
him for his inhertance, and the uttermost parts of the earth,
for his possession. Then the morning stars sang together, and
all the sons of God shouted for joy, and no fire and brimstone
was used in the proclamation of the Gospel, for Christ was
heir of the world, for God gave it to him, and he says he did
not come into the world to do his own will, but the will of the
Father that sent him — and then declares that it is God's will
that all men should be saved. Now, will God's will be done —
"I did not come into the world to condemn the world, but to
save the world" — will he do it ?
And Christ declares that he will reign until all enemies
shall be put under his feet, and death and hell shall deliver up
their dead, and there shall be no more sorrow and crying, say
ing, "0 death, where is thy sting, O grave where is thy victo
ry." The monster is silent — then the kingdom will be deliv
ered up to God, the Father, that He shall be "all in all."
Where then will be your local, brimstone hell ? It was malice
that formed a devil and envy built his hell ; if man had never
had animosity to his fellow man the doctrine of a local hell
would never have been preached.

Statesman.

Kind reader, I design in this chapter to show you the in
tention of law-making power. It is for the protection of the
inhabitants and for detection of crime, also for to manage the
financial affairs of the nation. First to calculate the expendi-

Joseph Gault's Reports. 41
tures of the government and then foot up the income to the
government, and if you find the expenditures greater than the
income, what then ? You then lay on the people an additional
tax, and the taxes already exhorbitant — then the people com
plains at the tax^says the members, we can't help it; yes. but
I think you can : how? by taking off taxes, first from thf leg
islature, from nine dollars to five — and you will not serve for
five — there is thousands in Georgia that will, that is as well or
better qualified as you are — and strike off of high salary bills
and bring relief to the poor tax payers. — I recollect in 1865,
after Lee's surrender, there was an election held for members
to go to the Legislature and they met in counsel and the first
thing they done, was to settle down on the salary at $9 per day
for their services — and the next thing, to tax poor soldiers that
have laid on the tented fields of Virginia and the mud of the
West for four years, was imposed on them two dollars, for the
reason they were not laid under Virginia sod or Western mud
— and these men in coimsel drinking fine brandy, smoking fine
cigars and keeping company with the ladies of fashion, and
them poor soldiers at home without a dollar, and the country
demoralized, and nothing he could do if he had have been able.
Do you call such men the bone and sinew of a Republic — have
they any love for. a patriotic and a Republican form of Gov
ernment ? They care for nothing but the loaves and fishes,
and it makes no difference with them, whether monarchs, limi
ted or unlimited, despotic or anarchy, so they can control the
loaves and fishes. Gentlemen, we should be on our guard, on
the watch tour — for when the wicked rule the nation mourns.

To The African Race.

In consequence of your ignorance, which was made so by
law, I feel it a duty, which I owe to myself, my country and
my God, to give you a synopsis of your race in America, from
the commencement of slavery down to the present time, 1873.
Slavery of Africans commenced in the year, June, 1620, by the

42 Joseph Gault's Reports.
Dutch ; they brought into Chesapeake Bay twenty Africans and
sold them to Virginia planters for tobacco. In a short time
thereafter, England, France, Spain and America, embarked in
that artful business of stealing Africans from the coasts of Af
rica, and shipping them to the East and West India Islands •
and to America and selling them as slaves, until the days of
Washington's administration, he checked the traffic and forbid
the importation of Africans to America. But in a few years
there was many that embarked in the traffic again and smug-
led into the ports, ship loads of Africans and sold them to the
highest bidder ; they still kept increasing until about the year
1860, at which time, they numbered the rise of four millions,
who had been in bondage two hundred and forty-four years,
from the commencement of their captivity, until the abolish-
ment of slavery in America. The children of Israel was in
bondage about four hundred and seventy years to Egyptian
Kings, and they were miraculously delivered from their bond
age by the hand of Moses, and to the overthrow of the Egyptian
army under the command of the King Pharoah. And to you
freedmen of America, you have been but recently freed from
bondage — the bands of slavery have been bursted assunder, and
the stain of slavery washed from the colors of the United
States, and Universal freedom proclaimed to the world. Now
in order to sustain these blessings you must educate your chil
dren — use industry and economy; — be punctual in all your deal
ings and transactions with men, and be your guard — let no man
deceive you, for there are traps and snares set for you anywhere
you may go, therefore use industry and act honorable.

Two Bites at a Cherry.

Immediately after Sherman abandoned Marietta, it was
over run by a more annoysome race of men than that just left,
and their motto was, get all you can and where you can, and
how you can — and there was a man by the name of Brace who
left Marietta and went North, and left ten sacks of corn
(two bushel sacks each) with John Hardage, and the people on

Joseph Gault's Reports. 43
Willio, heard of the corn and an officer was sent up with a
wagon to take it to Willio, and was dividing it out amongst
the starving women and children — and the the Captain of the
Marietta veteran house guards, sent an officer and guards with
a writ to take them and the corn, and bring them to Marietta ;
they brought the offenders and part of the corn. — The authori
ties put the men in jail until they made up the amout of twen
ty bushels of corn — then the Justice, the Lawer and Officers
who took jurisdiction of the case called a court and brought
those offenders before them. They heard evidence in a sum
mary way. The offenders moved that they were sent by the
Captain of Willio guards and to distribute it amongst the poor
people of that place, which they did, until, the remnant was
taken from them by the Marietta guards. The court that had
taken jurisdiction of the case read out the judgment of the
court, the defendants do make out twenty bushels of corn, pay
the cost and be discharged, which was accordingly done. Then
the court divided the spoils amongst them as follows, to-wit :
The lawyer taken five sacks of corn, the justice made out his
cost and the bailiff his cost with all additional cost and the ten
bushels of corn at $5 per bushel, lacking a peck paying up the
cost. Hardage complained, the court told him that it was not
necessary to take two bites at a cherry, and forgive Hardage
the peck of corn.

Millerism.

About the date of 1842, there was a man propped himself
as a prophet, called Miller, and he predicted that on a certain
day, this world would be destroyed. In the state of Illinois,
there resided a man by the name of Dobson, a sturdy and firm
believer in Millerism ; he went and bought a sufficient number
of yards of silk with pink florence, sufficient to line the robes,
and had them made, five in number, one for himself, one for
his dear Mary, one for his son Willie, one for his son James
and one for his little daughter Mary, and on the morning of
that eventful day, Dobson, his wife and three little children

44 Joseph Gault's Reports.
put on their robes, ready to fly into glory at the sound of Ga
briel's horn. Dobson mentioned to Mary, his wife, that they
had but a short time to stay here and perhaps there might be
some small things bosomed up that they had not disclosed to
each other and as they had but a few hours to make a revela
tion in. His dear wife, said it was right, so husband you be
gin, no dear wife, you begin, for the Apostle said, wive's obey
your husbands and the father of your children. Wife — then,
in the sight of God, I expect it is right, so husband, little Wil
lie is not your child — Merciful dear wife, whose child is Willie?
He is the Circuit rider's child, that had so many revival meet
ings the year before Willie was born. Merciful God ! Well,
go on Mary, well, Jimmy is not yours neither — who is Jimmy's
father? Grider, the brick mason, who built our chimney.
Merciful God! — Well, go on Mary, well, Ittle Mary that we
both love so well, is not yours neither. Merciful God, who is
Mary's father? Mr. Grider, the blind shoe-maker that made
shoes at the cross road. Well, Merciful God — house carpenters,
circuit riders and blind shoe-makers — now Gabriel blow, I am
ready, blow.

Idleness and Pride.

Is a violation of a sacred law, that was given to us by God
himself. Man, by disobeying the command that God give to
him was turned out of the garden of Innocence, and then and
there, he received his sentence for disobedience. That sentence
was, he should till the earth and get his bread by the sweat of
his face — how long Lord ? All the days of his life, until thou
return to the dust, for dust thou art and unto dust shall thou
return — six days shall thou labor and rest the seventh, for God
made all things in six days and rested the seventh. So he com
manded man, that six days should he labor and rest on the
seventh, which is the Sabbath, which man was to rest and
keep sacred or holy. Now I ask the reader if it is not as great
a violation of the command to idle the six days, as it would be
to labor on the seventh day. — Then let us see what it is that

Joseph Gault's Reports. 45
constitutes crime ; it is the violation of a law, and when we
take close examination of idleness and pride, is the parent of
many crimes, and nine cases out of ten the parent is the pri
mary cause — for instance, parents, your only son and many
daughters, he is the pet, and becomes able to follow the plow,
the parent comes to tho conclusion that it be dishonorable for
him to labor — but perhaps necessity compel them to hire out —
perhaps to a farmer to labor in the farm and the parent, per
haps a widow woman, tells him, now son, if he {the employer)
works you too hard and does not give you enough to eat, you
come home and tell me and you shall not go back — about the
second or third day he comes and tells his mother that he was
badly treated — well you shall not go back, and I will try and
make some arrangement with the school master and send you
next week, but be a good boy ; but if he whips you, do you
come strait home and tell me, and that will be the last lick he
will ever lay on your back, in my time. She starts him to
school and in less than one week, he comes puffing home, well
mother, that old ^vil has whipped me bad, what for son ?
(what for,) nothing more than for whipping a little boy that
insulted me. Well, he shall whip you no more — he then com
menced sliding over the country robbing orchards, etc., and
his mother loves him so much that she conceals his crimes, and
as he grows up in age he grows in crime until he finds a home
in a prison. So much for the sympathy of a tender mother.

Craftsmen.

If I understand what I read, I understand the Gospel to be
good tidings of joy, that was to all people, nations, kindred
and tongues — was given to Christ for his inheritance, and the
uttermost parts of the earth for his possession and when some
of the disciples asked Christ when the kingdom of heaven
would come unto them, he tells them, that already had the
kingdom of God come unto you, "for I am the life and the
resurrection, etc." He also tells them that he did not come
into the world to do his own will, but the will of the father

46 Joseph Gault's Reports.
that sent me — I did not come to condemn the world, but to
save the world, and I can do nothing except the father that
sent me give it to me — will he do it ? That doctrine appears
to me more like the Gospel than this fire and brimstone doc
trine. But kind reader, I will give you one reason why this
brimstone doctrine is preached. If you recollect when Paul
went to preach to the Bphesians, they had a goddess Diana,
and when Paul commenced preaching they all, with one voice,
cried out, great is Diana of the Ephesians, and continued for
the space of three hours, and drowned the voice of Paul so,
that he could not be heard, and the town clerk asked them the
cause of this day's uproar, and that they were in danger of be
ing called before the council tomorrow for the same, when
Diametris, the silver smith, who made shrines for the goddess
Diana, said sir, by this craft we have our wealth, and perhaps
those crafts, pleaching fire and brimstone, they have their
wealth. I wish my American friends to recollect that wretch
ed doctrine has not been preached in Europe for several years
past, and this doctrine serves as a hobby horse to ride. Thous
ands of Gospel speculators into grandeur and ease, without
labor and industry ; they do not visit the fatherless and the
widow in their afflictions, and do not keep themselves unspot
ted from the world. I will give my reader a more full history
in another chapter in the sequel of this work.

Correspondence of Letters.

Some years past there was a man by the name of Green
Prewit, a'loafer, a lying round Marietta, an author had a brow
ditch to cut some eight or ten rods, and author contracted with
Prewit to cut the ditch. He came on Monday morning — author
took the tools and went with Prewit and staked off the ditch —
he brought a boy with him and said he wanted a shoulder of
bacon. I went and let him have a shoulder that weighed some
fifteen or sixteen pounds, and he then commenced the ditch.
I then went up to the city and returned at 11 o'clock, and went
down to the ditch, — he had stuck his maddox in a few times

Joseph Gault's Reports. 47
and left the tools there and was gone. I saw him no more un
til Saturday thereafter — I asked him why he did not finish
that ditch he said he had to go and get meal. I asked him why
he did notcomeandl would have furnished him meal, he said he
did not know that, but he would come Monday morning and fin
ish the ditch. — That night he run away, and the next thing I
heard of him, he was in upper hog thief district, in old Pendle
ton, S. C. — Some year or two thereafter I received a letter from
Elberton, and when I opened it, I discovered it was from my
friend Green Prewit, in these words. Dear old friend, I avail
myself through the mercy of God, to inform you that I am
just recovering from a long spell of sickness, and I want you,
if you have to neglect all other business, and write to me what
has become of poor Bill Abies and Sill Scrogins, as I can
not hear what has become of them. Tell poor Sill his old
mother is no more, and his brother has lost two children, and
I have been lying at the point of death, but has got able to at
tend my church again. Since I have been a class leader, I have
taken in 80 or 90 members, and religion is thriving fast, and
be certain to write to me what has become of them poor boy's.
Green Prewit.
In reply to yours of  date, is before me and contents
duly noticed, and I can say with joy unspeakable and full of
glory to hear that the Lord has commenced such a glorious
work amongst your relatives, and may he never stay the ham
mer of death, until he destroys the whole of you and place you
in h — 1 with the beasts and fasle Prophets, where the smoke of
torment will ascend up forever, until you pay me for that
shoulder of meat or finish that ditch, you scamp. Joseph Gault.

A Dialogue.

This Dialogue took place at McAfee's store, in Gwinnett
County, some years past, between author aud a man by the
name of James Berry, then a Judge of the Inferior Court of
Cobb County. It is generally known that Judges of Inferior
Courts and Justice's of the Peace, are generally men of talents,
which you will find the truth of my assertion to be true in the
sequel of this case.
Said the Judge to author, what' a pity it is, that you do
not go and join the church, as you are a man of common sense,
and have a good mind and might command respect— but your
way of thinking I cannot believe in.
On what principle asked the author ? Why that universal,
deistical. Atheist principle.
So you know the difference between a Universalist, a Deist
and Atheist ? ^
No, I cannot say I do.
That is because you are a fool and a hypocrite.
Do you say I am a hypocrite ?
I did sir.
Can you prove it ?
I can sir.
By whom ?
By the Testament.
I will admit the evidence.
Author asked McAfee for a testament, which was handed
him and turned to 23rd Matthew, saying, the Scribes and
Pharisees set in Moses seat and what they tell you to do, do
not, they bind heavy burdens and lay on others shoulders,
which they themseves do not touch with one of their fingers ;
they have a form of godliness but deny the power thereof. —
Now said author, look to the cut of your coat and see if I
have not proved my position. He arose from his seat, pulled
off his round breasted coat, rolled up his sleeves, spit in his
hands, and swore if author did not fear God, he soon should
fear man and that he would knock author to hell ; author told
Berry he did not fear his hell, but them big black fists of his.
Author got to the counter scales and got a weight, McAfee in
terposed and the case settled. Berry set down blowing like a
setting goose.

Joseph Gault's Reports. 49
Strong Light and Close Examination.

This chapter brings my work near to a close. I have for
many years, labored hard to find out the workings of the
human heart together with its virtues and vices, and I find it
to be a hard study — the best idea that I can draw from the
actions of men, I find in the sacred writings of Almighty God,
viz: "You shall know the tree by its fruits — men do not
gather grapes of thorns nor figs of thistles" — and all the way
that I can form a correct idea of the character of men, is by
their fruits, and at this present time, how many thousand is in
Georgia that is floating over the country, as cholastic divines,
to save men from the wrath of God, in a world to come, for
crimes committed in this world — and they do this as Diame
tris did, in the 19th chapter of the Acts ; by this craft sir, we
have our wealth, from one thousand to two thousand dollars
per year, and still begging the church for more money, and
they cannot live on a thousand dollars per annum, and I lived
and supported myself and family on fifteen dollars per month
and saved fifty dollars per year and had plenty. No, kind
reader, they are greedy dogs — they are hungry dogs — every one
seeking his gain from his own quarters, and as Hosea says, as
a company of robbers waits for a man, so does a company of
Priests, and they are willingly devoured by them. Now kind
reader, I will try and show you the fruits that a great many of
these heralds of brimstone bring forward. Look to the lunatic
asylum, and there you will witness the fruits of their labors ;
then kind reader, look to many of those heralds of sin of the
darkest hue ; you will often see Brothers in the church get to
trading, and they soon commence lying, cheating and swindling
each other until they are discarded — they report and soon get
back, and then they become two fold more a child of hell than
they were before. Secondly, I will give you another synopsis
how a great many of these heralds is getting on in the Gospel
as they call it — look at Brother Wood of Decatur, sentenced to
the Penitentiary — look to Brother Rogers, of Warsaw,for seduc
ing Sarah Miller — look to Brother Hutchins, of Forsyth county.

50 Joseph Gault's Reports.
who took a Miss Cane aud lodged with her at the Fletcher House
in Marietta and applied to a physician for medicine for abor
tion — look to Brother Harkey, who seduced Ary Card
at Smyrna, in Cobb — then look to similar cases on '.caps
Creek, and recently on Nickajack, by an old disciple of the
cross— look to L. Tatum, of Board Town Creek, in Gilmer
County, a Baptist preacher, who seduced a young sister by the
name of Morris and I was after him with a sharp stick and he
left the country, and there are other Brothers and all the
names I have mentioned were preachers, and Brother Tucker,
of Jonesborough, I did. [not get a lick at him, but the church
there can account for him, and another good, God loving, God
fearing Minister of the Gospel, prays that he was under the
Czar of Russia, and he hates the Grant government and wishes
that ten Yankees was in the United States Cemetery instead of
one. How can an honest man mingle with such a race of men.

The Watch Tower.

Kind reader, I intend in this short work not to satisfy or
deceive you, but to publish facts as they are developed to me.
I have a broad field to regale in, but a short space to include
my views and opinions, and I intend to do so, without levity
on my part, and I do not intend to dob with intemperate mor
tar, and I know that an author that speaks or writes against a
nation that is proud and monarchial, the hand of that govern
ment is opposed to that writer. Kind and gentle reader, I am
far advanced in life and deprecate politics, yet I have my own
opinions, which are the dictates of my judgment and not that
of a designing leader, nor of an intrigueing demagogue. The
question that now agitates the public mind, is our government
on as sound a basis as it was before the rebellion of the South?
The question is ready; look to South Carolina and see the
United States troops that is stationed in that State ; look at
Alabama, it is in a similar eondition. — Before this rebellion

Joseph Gault's Reports. 51
we was a nation living in peace and harmony, but since that
time, there has been no peace nor harmony amongst even
neighbors, but war's and malice reign. This government may
stand one hundred years longer, but I doubt it. The Roman
government stood for several hundred years, and at last the
Huns and the Goths, whilst the Roman counsel was in her an
cient capitol these barbarians, unexpected to the Romans, was
seated in her ancient capitol with their banner proudly flaunt
ing the air in scornful defiance of their Scipios and Csezars.
Greece, the seat of arts and science, culture and painting,
philosophers and poets, historians and heroes, who gloried in
her liberties, even more than of giving birth to such an off
spring — while united, she defied the powers of Macedonia, with
her servile ranks of drilled soldiers ; but when divided, she fell,
paled and obscured before the blazing crescent, uplifted by the
turbaned Turk. Such is the fate of all governments when
divided.

Calvinism.

The doctrine of Calvinism is a doctrine that long since,
ushered into what is generally called orthordox churches, and I
wish the reader to understand that I am no calumniator of
Christianity, but to lay before the reader the fundamental doc
trine of Calvinism which is developed in a hymn written by
Dr. Evans and Emmons, as follows, both Calvanistic writers:
I am a thorough Calvinist,
I love the few elect.
And all belonging to that name
I'll treat with due respect.
All other sects or names
I boldly disavow.
Stand by yourself come not near me,
I holier am than thou.

52 Joseph Gault's Reports.
In my good Bible oft I find
Those words of scripture true,
The Lord has many people called
Yet chosen but a few.
These chosen few shall be at last
Conducted safe to heaven.
Shall sing of Calvinistic joys
With all our sins forgiven.
Whilst on the other hand we view
The reprobate in hell,
Oh how it will our joys increase
To hear their damned yells.
Although our wives and children too
Are rolling in the fire.
Oh, how it will our joys inceease
That we are so much higher.
High in the heavens amongst the bliss
No mortal tongue can tell.
The joy of saints when looking down
On the damned souls in hell.
Who will not join our church
Of Calvinistic heirs,
And for our order earnestly
Unite our fervent prayers.
Lord bring the elect people home,
Prepare them for the shout,
Amen, glory, hallalujah,
When the wicked are shut out.

Joseph Gault's Reports. 53

Jealousy Accounted For.

Some years past there was a man who resided in one of the
Southern States by the name of J. S., a merchant, and his
wife's name was Darling, and his wife Darling, become jealous
of him, and led her husband a wretched life, and there was not
a woman from Gath to Askelon, but what she charged with
the offence of adultery — and there was a woman by the name
of Sally Gunter, that lived some four or five miles off, and Mrs.
Darling heard from some gossiper that Sally Gunter was with
child; then she broke in upon her husband, "yes you little
spike legged son of a bitch, you have been spiking about until
you have spiked old Sal Gunter ; now you have got yourself in
a hell of fix." In a short time one of those old gossipers comes
and tells Mrs. Darling that old Sal Gunter had a baby —
yes, and now I know it, it belongs to old spike legs, and he is
now in a hell of a fix ; in a few nights, she had stepped into the
kitchen and when she come back and took her seat, she heard
the crying of an infant at the door, she went to the door and
found a basket hanging on the nob, she took it off and found
on top of the bundle a letter directed to her husband — here sir,
I have sent you the baby to raise, and I trust in God that you
will raise it to be a better man than you have been, and not
tell lies as you have done to me, and do not let your wife know
anything of this matter. Yours, Sally Gunter.
She read the letter and went to the door and called for old
spike legs, he come in — said she, here is a present to you from
old Sal Gunter — she has sent her respects to you, accompanied
with a baby. They lived in a town and she went to the door
and called for her nearest neighbors to come witness the truth
of what she had told against old spike legs, and when the peo
ple come in, she opened her battery by reading the letter, and
then said, I have told what an old devil he is ; she then took
the basket and commenced unfolding the rags that the infant
was rolled in, and the baby a squalling and kicking. Do you

54 Joseph Gault's Reports.
not know that is old spike legs child — do you see how it kicks
and turns about just like old spike legs ; he is never still one
minute in a day. Don't you hear how the little devil screams
and kicks just like its daddy. — Look at old spike legs, he
can't be still not a minute and when he sees his baby he got
by old Sal Gunter, you will see tears begin to roll from his old
eyes, an old devil. Don't youhear how that little devil squalls
and kicks — I bet a large wager when I unrapt it that you will
say that old spike legs is its daddy — and when she had got all
the rags from around the infant out jumped the old tom cat
and trotting over the floor; so much for a reconciliation.

Gault's Farewell Address.

Kind reader, since writing out my fourth edition of my re
ports, I have been called upon by my friends, to give them my
reasons for writing out that work, and I think it disrespectful
to disappoint public curiosity, and in obedience to the dictates
of my conscience I am a firm and steady believer in the sacred
writings of Almighty God, and believe in the prophesies thereof
throughout. The first reason is, I am publishing this work,
as I am a man far advanced in life, now 80 years old, and
knowing that the approximation is close, even at the door, and
looking over the catalogue of the world, and seeing the in
crease of corruption in it, I feel it a duty I owe to myself, my
country and my God, that I should leave the public my expe
rience for the last .70 years. I was born of Presbyterian parents
— I soon become of adult age — I left my parents in the war of
1812, in my 19th year— in the year 1815, I commenced teach
ing school on Packolet River, and in the date of 1820 I emigra
ted to Georgia, and in the date of 1836 late in life, I commenc
ed the practice of law — in the days of Warner, Hillj^er, An-

Joseph Gault's Reports. 55
drews, Hill, Irwin and Rice, up to the days of 1860, until the
rebellion took place, and up to that time, I can say that I en
joyed life in its full bloom, more than I ever have since. I as
sociated with gentlemen of the bar--with all the hilarity of
the bar around the convivial board of Attorneys, and I hope
that they will continue to be my warm patrons and not forsake
one of their own household in life, and when dead escort me to
the tomb as though living. As to the clergy of the Christian
columns, long may they live and may Christianity flourish and
grow up to be a great tree, and all nations of the earth may
fiock to it; but as to those Pharisees and hypocrites, who come
forward with disfigured faces and embroidered garments and
set in Moses seat, and have become the counselors of the Lord,
who bind heavy burdens and lay on others shoulders, which
they themselves do not touch with one of their fingers ; may
God soon muster these bands of adulterers and fornicators and
march them to the land of the oblivion, where I wish them a
long and peaceful repose in the bosom of nonentity.
As to statesmen who is pushing themselves into the law
making powers of the State in 1865, after Lee's surrender and
raised their salary from $5 per day to $9 — I say march them in
another band of Pope's priests aud kings, adulterers and forn
icators, beggars and swindlers for taking $9 per day and mak
ing poor soldiers pay $2 per year for laying on the tented fields
of bottle four years and returned without one dollar in their
pocket, and their wives and children destitute. I say march
that band of veterans to where they will never again show their
heinous heads in confusion, shame and despair. Joseph GauLt.

56 Joseph Gault's Reports.
Gault's Reports Higher than Common Law or Massachusetts Law.

M. R. Stansell, a lawyer who once lived at Americus, Ga.,
told an amusing story of Gault's Justice's Reports. Rakestraw
and  of Covington, Ga., went out to argue a case before a
rural Justice.  argued his case in good style and quoted
abundant authority to convince, and among the cases cited by
him was a Massachlisetts decision and some common law re
ports that seemed to carry special weight.
Rakestraw seeing his case was desperate and knowing that
the Justice had a particular prejudice against abolitionists, made
the following observation in his concluding argument. "May
it please your honor, my distinguished opponent says he has
shown by the common law that his case is right. Sir it is an in
sult for a lawyer in this court to quote only common law — this
court is entitled to the highest and best law and as good law as
any court. Besides sir this common law which he quotes he goes
up and brings down the abolitionist law of Massachusetts and
quotes that to your honor which is a greater insult. If our courts
were to pay attention to Massachusetts law all our negroes
would be free before the present year is out. It won't do in
Georgia — he ought to go to Massachusetts to quote such com
mon law as that. Now may it please your honor I have here
Gault's Justice of Peace Decisions. The Decisions of your
honor's own court and made right here in Georgia and no man
can doubt them. They are not common law, nor abolition law,
but Georgia law and made for Georgia Justices and it fits this
case." The old Justice was convinced and decided in favor of
Rakestraw to the great disgust of  .
In a few days the Justice called at the office of Judge
Floyd in Covington aud was there informed that Gault's Re
ports were simply a burlesque on Justices of the Peace. His
rage then knew no bounds and he swore he would whip ' ' Squire ' '
Rakestraw if ever again he brought a copy of Gault's Reports
to Gooseneck Court Ground,

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