Chicago Daily Tribune Newspaper, July 15, 1873, Page 2

'1133 CITICAGO DAILY TRIBUNE: TUESDAY, JULY 15, 187 THE LAW. Linbilitp of Towns of Ilinois to’ Be Sued in Trospass. « Fowsr of a Railroad Company to Im- poso Cortain Rostrictions A Ronthern Graudmother 'l’fuys forf tho COustody of Her Dond Daughter’s Child, Arrest of an 0ld Bankrupt---A Recol- lection of Ante-Fire Times-s- Other Bankruptcy: Nows. A Crednlons Woman Gets a Yerdiet Against Ier Former Enslaver for %$4,471.04, The Town of Jofferson obtsined a vordict agninst Frodorick Doottchor for the violation of an ordinanco, and leviea excoution upon hogs In his possossion and that of Ostharine Booticher, his wife. Tho wifo brought suit against the town, nnd Wolf, a Constablo, in trespass, rocov- oring on the ground that tho hoga woro her sop- arate proporty. The cnso was appoaled by the town to tho Buprome Court, and the judgment roversed by Justice Brooso, and a rohearing granted. g Aftor rohosring, the judgmont was affirmed by Justico MecAllistor at the last torm of tho Suprome Court, who,- inhis opinion, paid that appollants (tho town) insiated that thoy, being & municipal corporation, could not bo beld jointly liable in trespnss with anothor party; and that if instead of the town a natural porson had been plaintif ngninst Boottehor, no action wonld lio against tho natural porson unless he intorferod with the levy, or assonted to what bad boen dono Dy the Conatable. Haviug thus stated the caso, tho Court want on to sy syormont, The avormient s that {ho sorvants of the Company 'did foreibly nud with great violenco, thrust and eoct plaintl from tha eald carn,"" Chis doca ot Imply thiat excensivo forco wis |.uned.. Thore fs nothing to'show, liow mutch force was, nocesnary, *.qt may - that no mors force wan uried | thin wa I baolitoly noceesary, Plalntiff in errar may iave resiatod with siich violdnco an to. réquite sl the orce that was .used, Anud as the Company hind tho elight to ume nll L1 forca necessary-for his -oxpultion,” on s rofuning to- pay hia farc or leave tho trafn, on Dt requosted and he faila {0 aver it ho did not realst, and thal the forco employed wan wanton, wo cannot preatimo exceasive forco wan_cmployed by Lo -Gompany, - The-judgment of the Uourt below is af-- Nrmod, ANOTIIER FIGNT FOR A ONILD. _A mngular cnso, s bofora tho Courts, tho par- jculats of which have not 3ot citred, nle though bill waa filod_on the 20th of Juno fnst; tho matter having beon dismisded at the timo with a briof parsgraph, Julia A. Nutt, of Natchez, Miss, widow of IInllor Nutt, do- condod Juno 15, 1804, the complainant in the bill in chancery in qnnullun, roprogonts. ihat In th spring of ?Bflfl. Carolino Routh Nutt, tho dangh= tor of harsolf and the decornod, wan marriod, in Vidalin, Loulsiaua, to Charles 8. Forayih, then of this city. Tho couple residod, aftor thelr marringe, part of the timo in Ohicago, and~ for -the remninder ‘of . tho first year with complainant, a child, Carolino Nutt i‘ornythu Dolng the fruit of tho nnion, Deo. 24, 1860. A fow days aftor tho birth of tho child, namoly, Jan, 8,'1807, the mother, Mra, Forayth, died, the widowor and tho infant child romain- ing at tho old lady's residenco at Natchez, until the following May, whon Lo returned to Chicago, taking hia child with him, Ho died on Feb, 37, 1873, at tho Houso of Meroy, Chicago, loaving a will, which was duly Fmvnu in Cook County Court, undor thio provislona of which, Lizzio, sister of tho docossed, was appointed guardisn of the ctuld. Mrs, Nuct dosiros tho Conrt to romove the child from tho gunrdianahip of Lizzio Fom{th, and to decroo tho oare and custady of the lttle one to har, the complninaut. Bhe reprosents, as oquitable ronsons for so doing, that Forayth was in such distressod circumatances whon lie mar- niod ber danghtor that be was unable to main- tain a wifo, aud el was compelled to provide for him, and oven paid somo of his debta; that, whon his wifo died, he had no mmm{'l to me fun- oral exponsos with, and sl was obliged to de- fray the funds necossary ; that whon hio died o lett no eatate; and that tho guardian Lizzie haa no moane which she can loave at hor doath whoreby tho future of tho child can be sssurod. Sho aflirms, on the other bhand, that she is _amply competont to provide for the child ; that sho_intends to lanve it, 1t aho Is do- erood the custody, the samo share of the proper- ty 88 tho mothoer would have hnd ifaho had lived. She eliows that sho is the ownor of property, in Tor own right, valued at loast 200,000, consint~ ing largely of roal estato in lhnvieinit{uf Natoz, w)fich who 18 at liberty to dispono of by will or 1t {a 3 general rulo that whon a Sherdff or Conatable 1nakes hitnclf linblo nsa trespassor in tho exocution af n writ, all who dircct, request, advise, ald, or abot aro jolut trospansors with i, and responsiblo for all the dumnges, 1f & person sus out ozocution, sud givo n bond of indomnity Lo tho SherifT to fnduéa him to acll tho goods of anotlior, thin s a suMciont interfer- cnco to subjoct him to an action; eoalso if hoadopt the ncts of tha BherliT by rocoiving the goods or monoy, (1 Chit,, Pl,, 80 Heniug v. Hoppock, 3 Duer, 20 8. 0.1 1§ Now York, It. 4093 Davis v, Newkitk, 5 Denlo, R, 92.) | “'here I# 0o evidetico in the bill of oxcoptions that tha town dirocted the execution to bo issucd ; but it in a seneral intendinent of tho law thint overy ' writ or pro- cess {s purchanod by tho porty in whose favor 4t fssucs, We oro now brought Wircelly to tho queation whother a town organizod under tho township orgavization lawn of this Btato having an exooutlon in (s fuvor againat A, can make itacit Tabto in w5 0f the ways pojated it for taking Ahe goods of B, In trespass do bonis asportatia no auestion of intent s Involved, Although_ it was onco doubtod whethor an action of trespaas on travor, oran action on the ensa for malfeasanco would Jie sgainst & corporation, it Is now well settied in England, as well ax in this' Stato and Now Yorlk, that such an action may bo muintained againat corporetions as well o ac- tiona on the case tor now feasance, Tho 8t, Louis, Al- ton & Chicago Railway Company v. Dalby, 19 1lls,; 353, Tho Mayor, ote., of Now York, v. Uatloy, 2 Denio, . 419, and cdses thora cited, Among the cnumerated Jowers giveu fo towns under tho township lnwa I that tha electors of oach town shall bave tho powor at their £anual meelings to direct the institution of defonse of anitant aw or fn oquity in all controvorsios whers uch town ehall bo intorented, 3Purp, Stat,, 1,137, Then under Art, 13, of the saine act (3 Purp. Stat,, 1,144), it iudeclared that ¥ Whenaver any coutroversy o caino of astion shall extat Lotweon any towns of this Biate, snd botween any town, or individual, or corpo- ration, such proceedings snll bo had elther'at law or cquity, for tho purpose of trying and finafly. sottling sl controversy, and tho ssme shall be conducted the samo maunur, aud the judgment or decroo {herein shall bave tha lik offect aa in other suila or procoad- inga of usiratlnr kind between ladividusls sud corpo- rations.” 1t i snenifest from theso and othor provisions of the act, thut the towns have the power to exorciso the sattio control, and do tho asme acts for the enforces auent of claims rgainst individuals on & natural person Jioe. 'Tho timofized by law for holding annual town- amoctings {8 the first Tueaday of Aprilin cach year, “Wo are to preaume {hat one was Lold in this town, ‘Tho judgmont on which tho execution {ssucd wos ro- cavored tho 13h of May, 1870, and tho execution placed 1 the hauds of {he Uonstablo tho st ssme Snonth, What was tho basfa of tha judgment doca uot appoar, nor i it nateriul, Tho property faken had Sor soma timo befora hocn. and atill was i the possos- slonof tho defendant, in that exccution, who waa the Juiaband of appellos and treated by him as his own roperty, iltough, appollee claimed it un hern, | Thoy Jived in thot town, How t may well be under theso clrcumatances, that the olcctors of the town ot tholr annusl meoting in Apti bsd directed tho inslitution of the suit againgt Fredorick Busttolier, also n lovy upon this yery proporty in ense_judgment 'was_rocovered, and pro- ¥idcd for indemaifying tho officor, It would have Doon within tho kcopa of the powers of {he town to do 50, If Ao waaro to presnme that it was dono, nnd compotent evidenco glven of it upon the trial, such oviidonca wonld nustain the verdict, ‘The caso in wilhin the principlo of Allen v. the City of Tiecatur, 23 T1l,, 333, which Liolds that a municipal corporation may bo hold Hable for treapass, and the Judgmeny raust bo affrmed, MORE RAILROAD POWERS LITIGATION, The powor of & railcoad company to limit a PABIONgor tu a cartain period during which he way “lay over,” on o journoy, uftar accopting tho Company's “lay-ovor tickot," is the point 1m dispute in E. D. Churchill v, tho Chicage & Al- ton Railroad Company, just decided by tho Bu- premo Court of this State. Tho opinion is by Justice Waller. Plaintift bought a ticket from Chenos, McLean County, to Chicago, and stoppod, on routo, at Joliot, {eking a thirty day's loy-over tickot from the conductor. Aftor the thirty days, e got on board a train from Joliot, and wae ojected, ro- fusing to pay fare. Tho dofondant Company interposed a demurrer to the second count of the declarntion, which alleged the abova faots, which domurror ' wan mustainod by tho Court, end fudgmont was given for dofondaut, with conth, against piaintif, who apponlod the Huprome Court againet tho eustnining of {ho domurror to tho second count of - tho declaration. 'The plaintifr allegod that ho was ojected “ foreibly and with groat violenca ;” hut the other side cuntonded that tho Company was not liable for tho violonco, as ha could ot bo ro- moved any other woy ; and ho noglactod to show thnt unnccesaary violenco was used. Plaintilf insintad that the Company had no right to pro- soribe whon sud Low the ticket should be used ; and the otlwr sido claimod that thoy wors ohliged to carry him to the destination named, sud no other, 5 Un thuse points the Court ruled as follows Tlio tickut # passengor purchasen wpecifics no right toexchunge It fora Iny=over toket, Tho contract to carry fa likio all othurs when thore 18 ud agreement to tho contrary, entiya in ils character. When tho tckot s presentod tho holdor ko no right to havo tha cone tracl to enrry oxvonted a5 an_outiroty and not in {rag- ments. Tho coipany cannot inist that they have tha rigght to perform their contract by carrylug the passons Hers (o Intormediato poiutw and puttiug hin off, and foquiring Lim to tako th next or a wibeequont train, Ihin would violato tho implied agreemont that the somprny will not anly enrry the passenger to hin placo of deathintion on the rond, bt that it aliall bo without delny and without Toquiriug Lim to lsy over unloss zompollod t0 do 80 from unavoidable necessity * Whou the Coumpany has ontered upon the pere formnnce of thir cuniract, the porsengor Lias a right 10 insiat that {t ahall contitiuo uutil ermpiotad, On the othier und the right §s reciprocal. When the passenger preacnts bis tickot and the rond bas on- terad upou the fulfillment of thoir contract, thoy bava an aqual right to fusist that §t shull bo contlnuois (il completed, Thut they shall 10t Lo required 1o por- form in fragmonts, The contract to carry implles 1Lt olthor nido may fnslat on il continuous_comploe- #lon, 'Ilia parifes, howavar, llko particn to any othier confract, mny, by agrooment, cliatige tho forms of {la £ontract, 1o us 0 bs uxerutod in fragments or difforent portion'ut diffgrent times, Dot thid s o matter of contrect only, nelthor party having s right 10 alte Jta terme, . Buoli s chonge u tho ngreoment et ouly o myade by natunl consont, and the torms cd ipon by (b parties in maklog tho chango st sovern n its excontlon, It thun bocomee cryneeording fo thiat agrocment, ot Tl bound to givo (¢ & Jay=over o Loy do 5o it 19 0pion tho terme agtusd bp- ou by'tho prrticw, nelther having theright to distogurd them when gives sl sccopted, Ayollant Laving a disoretion ‘{n_recelving the lay- over tickel, Lo wan not bound by auy offer or terma fupoaced, wntil ho acceptad it 30aha st n tickot or pnbraced n giving it 1 To could nolther do- e tho torms that sould ho f given or offured by the Cowpany, oy ~ conld ~ fpose tha _conditions, and “he' could sccept or rojook it with tho otherwiso, a8 slie mny deom fit ; that sho haa two childron, but s _fow yeats_oldor than said aro~ line Nutt Forsyth, whom shg is educating in tho most thorough manner, giving thom all the ad- vantages that aho is ablo to commnnd, *“alike by hor socisl position and flnancial nh[l'lty ;" that tho child fs growiug up in unnatural aversion to the complainant, which is painful to the com- lainant ; that numFll.Iunnt has a strong love for ho child ; that she is novortholoss shut out from ber company; and that said Lizzio H. Forsyth is doing a groat wrong and_injury to exid Caro- line Nutt Forsyth, jeopardizing hor future in- tovouts and welfare by rofusing’ to allow any in- tercourso botwoon the ohild and complainant ; whorefore oho prays_ hor care and cnstody, oto. TEmory Washburn, Jr., for_tho defondant, hag filed a genoral domurrer. Ho will contost tho bill on the ground of absonco of all equity. ALREST OF AN OLD BANKLUPT. Wigwall & Thompson, of this: city, and R. 8. Bonodict, Willlam A, Hall, Jesso 8t. Johu, Adolphus_F, Carter, Augustus Kirkham, an Matthew Bunker, of Now York, yostordsy po- titioned for ‘the adjudication of Joroph M. Norris, and a Bulluon by the samo parties hav- ing boon flled boforo the firo and destroyed, thia was allowed to stand in its place. Potitionors claimod, Wiswall & Thompsou as creditors for £204.15,for morchandiso suppliod, and Bonedict, Hall & Co. for 2120, tho amount of a noto given for morchandise suppliod. Dabtor was charged with making s fraudulont transfor of his stock, of boota and shoes, in Augut, 1870, La- throp G. Hodgen, sttorney for tho petitioning creditors, in his affidavit _says, that an adjudica~ tion of bankruptcy in thia caso was entored on tho 17th of November, 1870 ; that on tho S0th of Beptembor, 1871, warrant was issued for his arrost on nffidavits that ho had £600 in his pos- session which ho refused to_give up, although it was the procoods of the salo of his eatato; and that bio absconded from Illinois; whorofore po- titionars, finding ho has recently roturned to the Stato, have prayed and_obtainad a now order of mrrest, under $2,000 bail, pending the 'further orders of the Court herein, INTERESTING LAND BUIT. Tn the Superior Courf, {uainrdny, was filed & bill, Rohoy v. Cossitt, praylng for tho specific porformance of o coutract to convey o certain plece of land in the County of Jefforson, about which two suits have already boen filed by other urchasors, The bill alleges that one O. O. g(eaurvo. on dofendant's agent, sold the land on the 16th" Yobruary, 1869, for $52,000; that Recs & Co. sold v on tho following day to 0, H. Bloan for 40,0005 Wat A, Cripple sold it to J. B. Tlobbs for Aboud the Iattor sum; that Cosaltt promised to give a dsed on the Mesorve contract 58 8oon 88 ho hind sottad with tho others ; that ho did not want to giveit until ho had Hottled with them beeauso thoy would want largo dam- agon for breach of their conviacts; that within forty days » tonder of tho down paymont of $17,388,54 wns mado to Mesorve, and Cossitt told him to keep purchasers quiet uniil thoy sottlad with them, = The bill alleges that Hobha got a judgmont on his contract for about 28,000, whiol was confirmed in tho Bupromo Coust, and that Sloan got n judgmont on his for one cout, and that Cossitt now repudiates the contract mado by Meserve, donying hia authority to make it: the bill holds that Mesorve is liable as priuoipal it ho had no inatructions, aa well as upon tho agrooment to cauzo Coseitt to give & doed, and prays spoclfia porformanco of contract may bo decreed against Cossitt, or, If it shall ap- poar that Meserva had no authority to mako the contract, thon he may bo ?maomliy chiarged and roquirod to mako roparation outof his catato, ‘Tho bill is supported Ly soveral aMdnyits, among othors one of Mosorvo himself, and prara that s injunction may rostrain any transfor of Mo- sarve's proporty in caso it shall appoar that ho ‘had not authorlty to make the contract. ENJOINING TIE MARING OF SHOW-CASES, Matiias Porham, of thin Btato, and William I, Coro, of Now York, yosterday filad a bill in chan- cory, in the United Btatos’Clreult’ Court, for au injunction reatraining tho Northwestorn Show- Case Manufacturing Company, and others, in- tringing thoir patont for whit is gonorally knowu a8 the pontagonal show-case, Lelonging to tho complainauts, Afdavits aro filed show- iug that yarious cases eimilar to those manufac- tured undor tho complainants’ patont have beon sold to firm in varioua Staton by the dofondant, without complainanta'loavo or liconre, An ne- couut of auok salon is now Weanded, CLAIMA AGATNAT TIHE G, W, T, C0, In nccordanco with thoopinion of Judga Drum- mond, in the petition for raviow of the proceed- ingn agnlust the Great Wostorn Tolograpl Gome Eauy, in bankmpicy, croditors have already | egun filing their chims, Judging from the chiiractor of th vory fint, thess siine: ol e ealoutated to give ‘rwo fo endloss. Titigation, Without eriticising the natura of tho firat of the olnimst lroady submittod, wo wimply give s lst of thada filad up to lant night : Ldward MeDouald and Rtodney 8, "Whiteomb, i?nstmgllifl(\l [;rzxy‘uguyiaen |u§'l7m' contract with Solah loavo, $41,002.43, loys. 204,405 bal engr":;“'”h 3 o _; ance duo, athsn Reavo, for ‘baokleeping and servicos a8 Awiitant fi]{nflmlnsy aud 'rrgm'fxor, 21,481.23, . It. Doolitlo; Jr, cos ng | Tz, .y, BOTY] Bocrotary, It will bo remembhered that tho Company shall give approved honds for tho paymant of all claim, in order to stay bank- ruptey procosdivgs, whilt the - charactor of the contoated notes on’ which adjudication way grauted is boing dotormined.” A FAROINATING IOATIDER, Tho cago of Maria. 1, Mills v. W. H, Knapp was tried in Judgo Ifeaton's court-room. 'L'hig was & wult arining out of woman's crodulity and man's infany, The complainant chargea, and brought ovidence to sustain hor ssuertions, that in Ui year 1870 who wau keoping & bonrding- Lliouso at' No, 494 Wabash avenue, when the do- tendant, who ropresented himuolf as an unmar- vled wnan, ol immonso Lastorn oxpectationn aud wanltl, camo to board at her house, aud in- alnuntod himself o far into her good firncnu a4 to becomo hor afflanced lover. cting upon the confidance which this relation caused Ler to place iu him, he induced hor to placo all hor baninens in hia hands, He con- duoted it on woliish prinoiplos, solling goods and koaping tho nmlh{ himselt, until, at last, Lis misconduct, joinel to the fact, which had como to the aars of thocomplainant, that he had & nt tho Intention is, torme propored, Tiut wion Lo sccopted 1t on tho terms Apeelfied o was Lound Dby thom, It becamo & valid und bindiug coutrart, and o render the lay-ovor tckot avallalde, ho ahould iavo used It within tho spucifed simo. o law would not compel ke partios (o oxo- cuito thia lutter contract fn any otlior mannor or at any iher huio hah au L partice hiad wynve Flio socunil gount ahows un grouid of vecavury, sn tlo court bo- Tow did not orr fn Lolding 1t fatally defectivs, and in sustaining tho demurrer, It in clufmed that It is averrad in (he declaration that oxceeslye forca was utad fn ojestlng plalutif fn error from tho treln, We fud o such down Enst wifo, ouasod Lior to briug the prosent sotion, Tho Jury tidod With comgleinuit. g brought in a verdic in hor favor with §1,471.04, tho amonnt ascartained to b due hor, A DISTINOTION WITH A DIFFERENOR, Edgar Loomis and Martin P, tollott fllo a bill in the Ciroult Cowrt sgainst John Doinors, Paulina Van Piatou, asd P, Van Platen, Complain® ant avers that: abou: tho 1st of March, 1873, thoy soli Doiners Lot 4, in tho . 3 of Block .possesaion’y thal fn mnl:hu{ l foro tho snle Doiners uaw tho lot, and aftor ite purchinse, bullt thoron a house, and 18 now in in tho dond Loomis - accidontnlly ‘made o mistnke, describing the 1and an Lot 4, n the W, 3, Instord of B, 4, oloy, , they Having no intorest fu” the land montlonod whichiolongod Lo ono Sharpo ; that in tho trust. deod to ngeura paymont tho fand is nghitull doesoribod ; _that Blinrpe's property. 18 worth 2,000, nnd Deinors, with the_ iutentionof de- frauding complatunnts, has medas protonded ealo of it to Pauling, wifo of . Ven DPlaten ; to et which anide compininants pray that s honring of tho oavo may Lo hal in n court of oquity, . INVOLVED REAL EBTATE. . . Jncob It. Shi{llm’(\ flen a bill in the Cireuit Court against Lyno 8, Davidson aud othern for the motting asido of truat doeds on tho N. 18 noros of W 24 of 8, I, 1¢ Bec, 1,38 18, This {s o cano nriging ont of tlint of :Feld v..'Bhiphord,| which was triod in Judgo Trec's Court Aomo lit~ tlo timo sinco, Tho plaintift in thin_cago avors that about the 10th of Novombor, 1869, James Montgomory borrowed from Ficld 28,000, which ho socured by truat doods on the abova montion= ed proporty,” Plaiutiff, who wns Fleld'a agent in the trananction,learned enbaequently that a prior #alo had beon mado of .the Inud by virtuo of o' trust doed in favor of John G. Rogora, ono of the Clroult Court Judges, hold by Lyno 8. Davidson and given to socuro a loan of monoy. Ho avors that thero are irregulavities in the sale adver- tisomoents whioh invalideto tho transaction bnt offers to, pay tho monoy sccured by tho trust deods, togothor with all costs, cargos, olo., vo- Inting thereto, in order thut a décreo may be en- tored suunlling them, . ACCOUNTING FOR A SAFE AGENGY, Moslor, Balimaun & Co,, the Cincinnnti safo manufacturers, filo o bill in the Buporior Oourt against I. B, Coolk, who has for sovoral yonrs boon their sgont in this city, Tho bill rovites the ngreemont undor which dofondant transnot- od theix businees, tho amount of commission al- lowod upon various classos of goods, varying from 15 to 45 por cont of tho trads st prico, &o., and statea that tho accounts botwaon tho firm nnd their agent have got_consldorably mixed up, thoe formor claiming & balance of £6,000 odd due thom from the Iattor, who holda that ho will, aftor & corroct balance of all transnctiona ia atruck, bo found to bo tho eroditor to the amount of ovor $3,000. To gottle this difference of opin- ion, complainanta invoke tho . id of o court of equity, whioh will weigh the various business traneactions botweon manufacluror and sgent, and strike o corrcot balance. IN DANRRUPTOY. On the potition of the wifo of tha bankrnpt Tamos C. Btewart, tho Court yestordsy direotod tho Provisioual Assigneo to reiuru her the horso, buggy, and haruss” takon under tho warrant of the Court 1.‘? tho United Statos Marshal, on hor filing hond in the ponal sum of £500_ {hat sho will roturn the proporty, if the samo be at any timo adjudged .to bolong to tho estato, or thoir oquivalent in mouey, Dobtor haviog admitted the first aot charged in the potition for bankruptey of Win. Millor, adjudication was yostordsy antored, and a rofer- ;z\cn waa ordored to tho rogistor, relurnablo Aug. noxt. An ordor appointing H. J. Ullman nssigneo of thndealnm of Drako & Wothorell wes yesterday mado, Adjudication by dofault was yosterdny onterod, in the mattor of James O. Btuart, warant ro- turnablo Aug, 14, noxt. 5 Procoedings against Botsy Doilvin were ordors cd diemissod; objections to be filed in 10 daya. THE COUNTS IN DRILP. v Anothor of the bills in chancery against the Asnigneo of the Lumberman's Insurance Com- Juuy, was yosterday dismissod, namely Charlos . Snwyer v. Thomas C. Hoag, Assigneo, otc., the Conrt finding tho oquities with the defond- ont. Anappoal wag prayed and allowed, with bond of $1,000. Alfrod L, Castloman yestordsy commenced ‘suit ngninst the Economic Mutunl Life Insur- anco Company, in nuuum\mit. $2,500 daninges. Nathaniol Dearbors files an aflidavit in the Suporior Court ngainat Forgua Riloy and Thomas 1lart, who, lio aays, have wrongfully taken from him, 'and still wrongfully dotam, © fifteen cows, to-wit. : Gno black cow, with a lined back; ong brindlo cow ; one spotted cow, mostly white ; and twolve old cows, soma a little spotted ; one roan yearling, and ono red caif.” Robert Itobingon files a potition in tho Su- porior Court against John Lyon and John Fer- fiuuon for tho ostablishmont and confirmation of ia titlo to tho W. 3¢ of N. W. % Boc, 80, 40, 14. DoLancy Floyd Jonos flles a petition in the Buporior Court against John Town, for the ontablislimont and coufirmation of title to all tho W. 3 of N. E. 3{ of N, W. ¢, B. of Darry Point rond, of Soc. 18, 89, 19, éxcopt the L. 7 aoves thoreof. ] Marco Radorick filea & proocipe in an action of trespass, in tho Circuit Court, against the lggn&lc‘a'u Gag-Light & Coke Compuny ; damages, Charlos Comstock et nl. file a prrecipe in an action of trospass on tho case in the Suporior Court, against the Chicago & Northwentern Railway Compnny ; damnyes, $5,000. John W. Clapp files a procipe in an sction of nssumpsit, In thoe Suporior Court, agaiust Gay- Jord E. Beebo; dnmages, £32,000, Tho restorod cnso of Richard Irvin, of the Btate of Now Yorlk, v. Monroo Bailey, of Carrol} County, Btate of Lilinoly, wan yesterduy restorod in the United States Court, in assumpsit $12,000 domages. Tho euit s brought ou a promis- sory noto, dated 10th May, 1856, for fivo yoars, bearing 10 pur cout interost per sonum, the prin- 11, MoRoynolds’ Bubdvinlon, boing part of E. 3§ of N, 3, X Hoo, G, Uf, 14, for 604,00 : that bo- cipsl sum boing $4,000, drawn In favor of tho Tecine (Win,) & Misaiesippi Railroad Company, &nd ondorsod to the plaintiff. NEW SUITL Tux Usirep Srates Couvit Coumm—Richard Irviu v, Mouroe Dailey; assunpsit, $19,000, reatored caso, Matthies Perham vy. Northwestorn Show-Cass Qompsny, Jacob Reawlg, drcpb Monk, aud Jacob D. Vandorbtirgh: bill for_#unction, Leopold Born- helmer v, Johf Iians, Ameon ITaas, Simeon Powel), Tobert Lolteh, and ¢ D. Townsend; aenumpait, 000, ‘Tir Crourr Couyr.—7,789—Appeal, _ 7,790—Edgar A. Olark v, Joba 1T, Allon; replevin ‘of Tiouneliold offots. 7,191—Msrc0 Rodovitk v, Peoplo’s Gau Light aud Coko Company; irespams, $3,000, 7,753, 3—ito- stored casce, T,is4—Appenl. 7,195—Tacob It. Shipe hord.v. Lyno 8, Davison ; WL, . 7,796—Appeal, 7,707— Benjamin 4, Darhi ot al, v, Marchis Paissr ; trospags on tho caso, $30,000, 7,798—Appeal. 7,709—Edgar Loomis otal. v. Martia 2. Follott : bill. ‘Burxt Reconb,—83—Chinrlea Mords v, Whom It May Conceru 3 bill to cstablinl and confirm itle to Lols I 1o 6, in Block J, Totw 2, 3, G, In Tlock 4 In W, W, Kimball's Subdivision of 23¢'acres of land in N W, 2{ of N, E. ! Beec, 9, 88, 14, - Tiis: GUPERIOR CoUnT~—44,144—Robert Robinson v, John Lyon aud John Ferguson; petition to oetablislh and confirm title, 44,115—Edward Kobey v, Frauklin D, Qossitt; bill 10 establish aud confirm titlo, 44,146— DeLaney ¥, Jones v. John Town ;. petition to-eatabe Iish and coufirm title, 44,147—Mosler, Bahman & Co, v.P. 1. Cook. 44,146—Gcorga H. French v, Thomas T, Rempsler; garnishmout on Third Natiousl Bavk of Ohicago, 44,149—Natlinufol Doarborn v. Fers gus_ Riloy and Thowas liart; replovin of eatile, 44,150 — Calvin _ M. Swan ot al v, Tim: othy Oarey; confomsfon of Jjudgmont, $281.80, 44,161 — Charles Stochel v, "Chicago ' Academy of Destn; * pusumpuil, $1,000. 44,162—Oliarles i, Wheeler v, Jolm W. Walker§ confossion of judgment; 202,00, 44,163—0, J. Murphy et al, v, W, D, Pahl® Wi ; nesumpsit, $260. 44,164~Maggyio 1, v, John T Afallén ; divorco on ground of cruelty, 44,155—Rogor Fowler et al, v. William T, Barbor ; afMdavit for par- nlshes aud fatorrogations ‘of Willidm Blanchard, John Borland, snd Ioratio G, Billings, 44,150~Nathanicl Buith v, A, D, Solsvorlh ot al;; creditor's bill, $10,03, 44,167—Arnold Duchwann et al. v, Wi, Herrmnun 3 askumpelt, $1,000. 44,168—Voikman v, Itirchoff ; trospass, '$1,000, ~ 44,159—Chsrlos Comstock et al, v, Chicsgo’s Norihwostern Radlrosd Company i tropnss on the cato £5,000, 44,160—L, Lovonxon ot 1, F, David; ousuiipsit, $1,000, 44,161—AMred L, Castles man v, Economical Mutuat Lifs Iusurance Compan aneumpiit, $2,600, 41,163—Rudolph v. Matilda Sl divorce o round of dusertion, 44,16i—Jeunio v, T Lumiin divores on ground of adullery. al, ' 4 amutinapstt, $2,000, 44,100—pponl, —_— A Shower in Danbury, From the Dunbury News, Tf a flash of light could havo beon shot over Danbury just as tho rain commenced to descond, Sundey night, it wonld have rovoaled the mos astonishing slght ovor witnonsed bore. It ls o8- timated that 3)0 bare-logged mon and boys, and aboat 200 inndoquntely clothod women, were at one time elruggling acrons wot stoops and throngh impenetrabla darknoss with & mont as- tonisliug varlaty of tubs, Loilors, pails, aud bar- rolu to ontch the rain water. Everything that oould be employed for that purpose wan brought out, and as there hind boou 1o rain in six weoks, and the atoaps wore klippory, aud thore_was no timo Lo loge, the natural confuston of legs, lan- 5|ln|;n, and utonkils was something romnrkablo. no man on Franklin strost, who was danhing ont doors with twe tubs and a boilor, lost his lou? hold, end, sliding across tho stoop, went off into an opon lintehway, down o stairway, and binlf way aoron bia cellar, tho tubs and bollors acriving abont tho smwne tme, Tt was somo towonty min- utes bafora ho conld convorse. A floshy gontlo- man, namod uyos, lost his halanco whilo on a ohnix to fix the conductor, and foll into a tub that bo didn't know was thero, and tho noighe bora wero obliged to carry both himself and t‘ub into tho houso to got thom apart—a job that was connidorably aggravatod by the promiscuous pro- famty sud obuso which ho loveled at everyhod: during the oporation, A boy on Btovons streo ran into a portico post with such force as to ron- dar him unconscious, aud the moment ho came to he_conceived the lden that bis fathor had kicked him. As ho didv's run backward against tho post the impreusion appenrs all the more ro- markable. Thore ware ollior accidents the samo night, but what ronders tho affair poouliarly painful is the fuct {hut not one woman was in auy wav injured, We dou't uudemstand that, ikt 44104 Jolm W. Clapp v. Gaylord D, Deebog .on the Washington track, long aftor the conclus cotntry part of Ohlo, noar the Ohio Rivar, whore ho marriod within his aocinl sphere, and brough up family of ohildron.. o fivad to be nearly 80_yoars of ago. Nature dosigned him, and Iinbit oharacterizod him, to bo'n simplo-mindod, ‘honest man, Ho could nat doviata from corract conduel without showing a coriala awlkwardnest, \ wliioh inevitably told wpon hirma, A gontloman of Oincinnati, for oxamplo, derorihed to ma Lo, ' Jduring the \Vnr, eortamn Hebrdw Lradors, who had fathiomed tho old man, rung him intb o lit- tlo cotton-hookig with thomsolves. Tut Qen. Ulyuson - Grant, now- the--Prosident, refuned to . o| gvo theso IIebrows any more chauco with his v P % lr‘|'ilmr'n‘rucnmmunfln‘fl?n "mélt"mtmt‘“l'xtl. The " old man camo to my informant to stato hin cnso, + ram Our O oy 5, 173, ¢ | Meaning toahiow that ho lind not Leon mildly dealt ¢ - Wal Tion almont ov+ | Jith i ‘ibut,” anid the gontloman roferred toy: At this orn of horse-racing, when alm 7| !*ho mado n far worso caso for himaelf than hnd ory waloring-place in tho Eaat ).m; ita courio, nm} boen fitin:,“d’ u{\d aid it h:; ‘l,hlnl ’Jm}blmfi Bork fl{ thoro aro two ‘mootiogs at onch a yonr, to cors | way;which made mo say im : *You havo nof ronpond with the snmogonlurtnlnmonlu inall the !h& fi;qnlzfltll&osnatzn l:n nfifig‘;us!&l m:fl:;h nl.‘:ruu.;l"v Contral and Wontorn citios, wo. aro Lsppy 80 | youe® Son’ “Jamo ' Grant'a - grhvdtathor, think that oursolvos have made tho turf w!mt 3 Noall, who ~orvod amongst L the u is. Bulnono of ihorunning nowadays will at- | nogtiont troops during tho Fronch "Wav,. trnot the vast nstional interest whioh attendod | and in the Revolutfon. Jeeso Grant moved with h t raco botweon i | his fathor to Ohio in John Adams’ Administra-; BN i | tion. Jesso took to hnnlnig ut an on‘lfy 280, BIN CHARTES AND EOLITSE, {| and, in' 1831, marriod o wido-awake, plousfy-: ndvliod lady, with whom he moved, whilo thio! Gerieral wn8 & baby, to Georgotown, Brown WASHINGTON. oa’ .fitmifig Days - A :Cookt- Fighting Oapitolion, ' AN Mr..Jesse Grant==-His Example and Lesson. ; sion of tho second war with England, At that time, our horsomien ‘in Virginis, Mary- | County. Hia worldly incroase was gradual, bub Jand, ontucky, and tho GulfStates, nd brought | 60041 sud, whon Uigsies Grant oy 17 Fés & e ontloman, baving acceded to hla into tho country so mny excollorit spacimons of | <% 8 D5 BORENE educnuarfi Togkad to WWont thio English, tho Arabian, and othor hunters and | Point an o suitablo placo, Thomas L. Homer, runnors, that tho South, aiready soctionnlized, | mombor of Congross, had Ulysses Grant ap- _took littlo hood of ‘the growth of the .running polnted ondot at West Point at a fortunate moment, when his previouuly-nominated horacs In tho Northorn Btates. : cndot fad lost tho place. -After . beln Tho groat track at Washington Olty was chosen | savtiy 0™ 10°™ pa'® B “Hen: * Goant for tho ment of tho main encountor, ILwns s | failed to moet thie' 'oxpectations of his track lald out on tho high fiata back of Wash- ington, .by mon like John Tayloo, of Bt Airy, and othor groat bordor-sportsmen, who had im- manga tracts of land and great herds of nogroes, and livod in tho plontiful period of slave-broed- fathor, who thought that ll boys ought to make o living for thomsolves and their families prnmptly. For nenrly twenty yoars the youn| cndor’s worldly fortuuo was wlow, poor, and al- most dospairing. Hia fathor had lost Elucnco» with him ropeatedly; but tho strongth of tho ing. Lyput‘nhma?d olll‘ hh) lt‘l\g lclulng man w{vm r:hn y f s at gonfliot of tho Rebellion came. Wenring el “.q“ol of that raco la woll known: ho; is father’a great, atern-whoolod jaw, and com- tho Virgini horao camo on tho track lame, snd | {1t doan 0 Brers B0Can e A tired t was o walk around” for Eclipso; yot on army-officer mndo hia way, aud’ whally recovere i 1k » for Ecli t on tho llcor mAdo b d whotl d result hundreds of megroos and thousands of | the old man's confldence and pride. v ncros and rovonnes, - showing & rockless condi- i . . ANECDOTE. N v » Phillips, of Clocinnati, told mo that, in tion of publia morality, wero changed. 1663, whon tho contost at Vioksburg was yet - - TIIE BLOOD AND RUM UP. k dmi(iod. & clorgyman, in confidonce with Josso Bo far from bronking tho spirit of the Bouth, Grant and_ himsolf, responded to the old mai's and recommending It to so some good -aonse on -romn?, 'Elm LNI? 50‘1'1( khlr:d oxocguvu ability; 3 enough to tako icksburg, by Baying,' T oI, gy B e | 151 cr'tdo ;o wania o baln,— tho .’ : " 1Or80, |, with this, the deafish old man, who elther over- and namo him at ¢ tho pole,” to beat Eclipao, or | nioard or oxpectod the criticlsm, said, with firm- auy horse in the North, tho succooding yoar. -nesas' 41 toll -you my son Ulyasos has got At thie proper time, they sppearod on Long | cxecutive ability to do anything ; to bo Proni- Telond wm,: Ax:mmb'er of horaos, and finally put (t]i‘::?: of the United Btates, as e will bo soma up Bir Honry ngainet Elipse, who ran with ) soptontrional relinbility'j’ and the consequence -was, that overy Bouthernor: who had bet on hig foolings instond of his judgmont waa clesned out | worl © TTE DEST MOLD. ) It was Gon, Grant's good-fortune to marry the dl.ui{hler of a man far ahoad of his father in dly resources and acquaintance. 0ld. Mr. - of liouse, negrocs, and lauds, and tho Southorn | Dent was his protector for twenty yoars, Whon tur? honcoforward declined, oxcopt in Kentucky, | the young mnn came to corikideration, hia fathor o & THX BELICS, e andonyored, at tho beginning, to avoid makin, Somo timo ago I made inquiry at Washington | himsolf notablo ; but the uirong projudices of about tho spot whora tho flrst of ‘theso o cole- |- his character mado him more and moro an objoot: brated races had oc , and I was' shown | of romark. -Ho held tho oftice of Postmastor vory boautiful sylvan vmn‘;u. called Mt Plons- | of Covington under both Androw Johnson and ant, often denominated ‘' Clorksvillo," whoro, | hia son ; and Lis adminisiration of the Post~ on o porfect plain, there wore somo remning of | Office, though not characterized by any special o racing-course. - Laoking furthor into the mal- | errantry, was, on the whole, 'queor "and laugha- tor, I found an abandoned hotel; which kad beon | blo. Ifo quarrelod with some frionds, and stuck nt ono time the -loading cdifico on tho prem- | to others who wore more foolish. ITo hnd an iscs, aud it still showod vestigos of | opinion on overy question, and never failed to its former character. This was nothing | oxpress it. 1o was & long, G-footed, hont-shonl- more; at prosent, than s great, surroptitious | dorod, gaunt old man, strobgly attached to his cock-plt, kept by an’old man who had scen all | church; and ho did not #eok” to widon the ares tho celebrated races of tho past, and who still | of social acquaintance, but rather to be positive travels tip and down the ‘country, although his | and unanawerablo within ‘the kphere which ho, Linirs nro white and his teoth snaggled, putting | bad mastered "proviously. Ionce his friends fighting birds againat those of others wore mainly, provineial, romots, €oquos- P B S oK FionTERS: Tored, and . gensrally. very » reftone g Ono day, fooling boldor thau aes wont, Idrove | & tradosman, he “"had ‘somo or the my homse’ right through thogato of this old | best capacition of pooplo’ in. Lia line, nud vostigo of tho raco-track, ‘nnd, addressing my- | could ostimate the numbor of pounds in's hido solf to two young men, askod to havo a talk with | by looking at it; or tho nmll%{ of the tanning by thoir fathor, whom I kuow to be authority on a:llutly giving it & fool bohiud bis back. Ilo had sporting mattora i tho District of Columbla. o misfortuno to reside in a guburb of Cincin~ o can toll you all you want to kuow,” said | nati whors his son's principles wore fiot ap- the “ tathor ia quito old and a lit- | plauded. Henco the old man had to brave out s L % [ groat denl of mlnnndersmxdhnfi of Lis ronotyned ‘While this matter was ' boing ‘discnssed, how- [ .boy; but it may be questionod whethor, on tho over, the old man himsolf came forward; and, | wliolo, we cannot necribo Prosident Graut to the 80 far from being childish, he seomed to bo gigantic fibre of hia old 8cotch fathor, and the wiser in the- way of giving information | Eweet and stoady motherlinoss of that widow than any of his aons, althongh tho#e lattor huvo | Who bas nover yet boon the rocipient.of . an evil ‘boen bronght up/to follow out tho-old man's | criticiem or comment from any living boing. conrse thnfllng; and ho soon afterward took MORE_ANEODOTE. a mo into a hen-coop, double-lockod, na if within A photographor who had made picturea of wore some birds of Paradise, and thoro, for the | Josso Grant and hia wifo_togother, eald to me : -firat timo, T made the acquaintanco of - “ President Grant's mothor was tho cloverest v THE BRITISN GAME-COCK § of the two. Bhe had the: most perception, tho & bronze-fastheiud bird, looking likn a two- | most modosty, snd tho most good sense. Bho legged rnce-hotse, with gamo, sauciness, and no | wan not flurriod nor particular, like the old man; sonue of approhension or affoction expressed in | but, in hor native nature, eat down bofore tho iy strut and figuros® for ho had been, trom an | camers, snd made tho best picture of the two early age, cut off at the comb and taught to wear [ without trying to do s0,” ; stool spura. I could well imagino that this fol- |. ~Old-Mr. Jesse Grant, in ater life, wore a pair low was an heroditary gladistor, used to killiny of spootaclos, and o ]:nlr of closed eyos bohind ordinnry barn-door Sooks With a wiroko, aud | thom, which, with bis big, bono-honded stick, randy fo'{ly at a-fox in a-sccond, sa woll | made himlook like a Llind.-man. He was close, aa, to kill cats and rats, and to.be knocked | aud shrewd, and Scotch, to the last momont of. down by brooms, stumps, and stones, and | his lifo, and had courage onough to fight a mad to fight another cock conatantly. < dog on tho streat, or o man of half his age who I do not know that I'’bave over met, | would tuke the advantage ofa cont upon bim. in luman or savage lifo, auch n croaturs | Cold, snguler, projudiced, bo died. conistontly, of good habits and fighting inatincts as | without flwry; and, when he diod, it was re- tho sverago chickens that I found within one [ membored that hio had boon of tho type of men milo of Washington. The old man’ told mo that | Who Lad made both Ohio and Kontucky im- somo prodisposition for cock-fighting' romained | perial by their vigorous frames, frugal mothods over from the ‘“ Abolitlon " period ; and he said { of life, aud individuality of character, GaTir. thata gmininant Internal-Revenus official was in tho habit of coming out to the promises to 800 » little bloody sput belween some of these gamo fowls. 4 v * The old man showed me the ateol gafts, which, like the pen, looked mightior than the sword, —being In somo cases abovo three inches long, and as koon -as s miniaturo sabro or parade- sword,—~nicely attachod to loathor-casings, and bardly boavier on thecack's foob than” the natu horn or mall © which - bolonged thoro. Sumo of- theso 'gaffs had ror ‘Four at o Birth. From the WWaahington Lepublican, Tho usually quict and unsonsational neigh- borhiood of ( atreet, botween 'Lhird and Fourth streets east, was thrown into a high stato of ex- cilémont Monday last, by’ tlio unnouncoment that'a col-red woman named Ilizaboth Boldon, wile of Kingaloy Boldon, colored, hid, botwoou the hours of 11 and b o'clock, givon birth to four children. I'he news apread with the usual ra- ff pidity among tho fomale portion of the commu- mained ovor from o patrisrchal poriod, | nity, n large number of whom, dincrediting tho ro- porbaps from tho * timo when Washington | port, flocked to tho scona to satinfy themselvos himeelf fought these chickons with tho Locs, | that'tho story was aceurate, whilo not & fow of TFairfaxes, and other Christian statesmon ; whilst tho mnle persuasion visited tho promises to as- othor gaffs Liad boon froshly mado at the hop of | jure thonisclyos that nono of thom had oscaped, & Washington mochanio, who indulgod tho bio- | Tn a short time the. marvelous birth sproad all Liof that at rome period tho triumph of Puritans | over the eastorn saction of the city, and became sud ‘¢ Abolitionists - wonld bo- dono, ~and a | tho subject of livoly couversation and pleasaut square up-snd-down fight with. hair-triggora | und suggestiva comont ovorywhero, or gaffs, or ruclug-plntca{’ would be recognizod ‘I'ho report was_ at first discredited ; but the 88 tho spocialtios of Republican chivalry. proof way too convincing, and ineredulous hu- manity was compelled to bulieve, and wondor what would come.next. Mra, Boldon is not only fortunate iu the uumbor of hov offspring, but in their sox—threo boys aud one girl, Dr. Tucker, gontleman, wolking ma out to tho adgo of a fiue | who uttended tho happy woman in hor illness, field of wheat, ‘‘ licre it camo, right by this spot, fiivuu it a8 his opinion that all four will cortainly and ‘passed by ‘yan school-houso,” ! and. yan [ ive, and that thore is a fair prespoct.that in dua chmreh, and yan® clustor of cottagon of Yankeo | 'tima threo of them will realizo the full benofita clerks ; and, instond of scoing it as you #0o it | of tho various amondmonts to the Oonstitution; now, built over by sich pooplo, it wa# oncatho | At any rato, they were, at lnst accounts, in the greatost track in tho world, until the gamblord | enjdyment of tho fullest ‘amount of Infantile got to running it. Thoy uged to sot up thoir | Lenlih and strongth, ‘This ia bolioved to bo the tweal-cloth tablos, thimblo-rig pools, and faro- | firat lustanco of tho birth of & quartatto, at loast Doxes, until tho gentlemen got tired of coming to | in Washington, . the place, Finally the whole course'wassold |. . off, and I have got hore about 60 acres that I am roady to nccommodato any Yankee with, if ho will pay my price.” ** Did you wce the ‘great race botwoon Bir Qliarlen and Telipzo 2 sald I to this old man, *¢Qb, yes,” ho' said, I had just ono doilar Snid 1 to tho old gontloman, ** Can you show mo whore the track used to be whore v ECLIVSE AND BIB CHARLES Tan, back in the thirtios 7 ¢ Yos,” said tho old ————— A Fospital for Eirds. From the New York Sun, -Of oll tho hospitals in Now York that at 8 Groena streot in the moet uniquo and interost- ing, lbaing L‘lle\'ot‘nl] %x«%lufilvnlydlgitgu trontment R of sick and maimed dogs ang rds aud othor that day after getting into the track, It scomod pets. Although Hmllntlglm to space it g‘lvca ace toms thattho wholo United tates was horo, |, commodation to largo numbers of littlo’ ufer- aud I hot my dollar vith 8o-and-s0, and won.” " |'ors. Ongos, which ling the aldes of the room, Do you flg!.t cocks any moro in Grant's"Ad- | contain canarios with tho pip,” eanarios afilict- nu}}mtmt}uq(‘ 6atd I to this old gentloman. od with the nuthma and behaving under tha in- No, sir, it's agin tho law nowadays, and I'm | fliction vory much like human invalids similarly too old to git finod and have' & trouble. But I situntod,; canaries with broken legs, and; in'fing, fought o inain last fall at Memphis, and the | cannriow with alt the dlseases known to thoir Wushington cocks bent tho Unitod Btates, Igo |*zaco, Somo of the littlo sufferara davo broken down to Marlborough somo timos,iand fght 21l | wings or logw; which are bandaged or splintered P Tineo Georgo's Connty with my coops. But I acioutifically, and they chirp mournfully whon don't broak any Inwa; for thoso ‘Yankees are | guddon spasm or pain overcomos thom, bound to hiave thoir way. The good-times aro *¢ It is our dull seson,” said Mrs, —, ¢ We all done. Somotimos my boys and mo, and two | haven't many’ birdy undor trontment now, but or thres lrmnd-‘ Lavo a " litie nF)u all to our- | gometimes we bave the placo full. Rome'time selvos, right out heroin tho sunlight, whera you B30 A canary was brought to us that had lad 800 this old hiatoria apot, which used {o be tho | oue leg enlon off by s rat, . Nobody thought - it biggout ground in Amorica for fighting-chiokeun. | wonld live, but alter a time we Lroyeht i round, It tho ohickens didu’t fight woll, we jumpedin | aud it Binga now 4 woll a8 ovor, 'I'ho great dif- ourselvos aud cussod and fought. I'm an old ficulty was_to tonch it to balauce itsolf on one ‘mnn now,—nigh on to 80,—-hutul never expoct to | log, inntaad of tivo; bub aftor awhile it learnt sag any genuine fun any mora. even that, and now hops around as well an ovor, Thore ho stood, vonarable, honpitable vice, ac- | The only thing In which it diffors from othor ousing the Lord of desorting His own, Iconld | birds, ie that h is put to Lod every night on a napkin 1afd in the bottom of tho cage, lustond of not Liolp thinking of Congrensmau Hob Ingor- wsoll’s suying, whon I henrd thiu old gallows-chaj 3 talk of Providuncs, that * An hnuuit Gm‘l v‘ml: Fouitiye T S S e T the noblest work of man.” Bel n Insnne Asylums, JESHE GRANT, I was in the Cily of Uincinnati the Bunday night whon Josse Grant, father of the Presitlont of tho United Biates, divd from softening of the Drain and the apinal nprrow, conssquent upon n stroko of paralyelu.. I saw tho funeral, with tha Presidont ns n nourner, como up from the Sus- ponsion Brmgo,—twuu{y or thrrty oarriagos in all,—aud movo out towards Spring Gravo Como- tory. While yot the old gontloman wan lylug at rost in the house he had inliabited for sevoral yonrs, 1 was Learing his neighlbors in Covington The Dalgien Qoverament hrs recently ordercd sacuvely-lockad latter-hoxes to Le pluced in all the lusane unvlnms of the country, public or pri- vate, In paxitlans whero they will be casily accos- siblo to all'tho inmetes, Thoy are designod to allow complaiuta and suggestions to bo made to tho authorities in o wny independont of any of the ofticors or nttondants. No ono conncotod with the inatitution can have accoss to thom. Thoy ave in charge of the Prooureur du Roi of tho distriot, and the lottors thoy contain are.ta~ kon to Lim weokly for oxamination, The com- #ive tho story of hi career, plaints aro thon “investigated, aud if any one 0l1d Jesso Graut was one of those remarkable | olaims to be sane, the case is ordered.to bo ex- Buotoh or Bcotoh-Irish Ponusylvanians who had | amined by modical experts. Abuses are corroct- oapacity for loug years, porpotusl frugalily, and | od. ‘lho’system, it is usid, oxorts a wholesome the love n:t he main chauce, He was horn in influence, and tends to secure propor manage- Central Yonusylyanio, and oamo out to & awios | mout in all it details, THE GALLOWS. Blood for Blood---Lifs for, Lifei 1 Exocution of Threo 'Negro.nn for Durder, Fames Brown. Sufolk, V. (July 11, Corresponceice of the New York ‘ord = The oxecution of Jim Brown took placo lioro at twouty minutes an, this. morning, in the presonce of about #,000 spootators, 1ls neck wan broken aud life was of courae oxtinct almost mnstautancously, * The story of tho crime' for -which he sufforod may be toid In & fow.irords. A 1ittle moro than six wooka ago thera dwelt In tho tCounty of Nanaomorfd, V., abont ten milds from the small town of Buffolk, n respectabloand woll- to-do family of six _persons. ‘Lhose wore BIr. Dempsoy Jonea, his wite, throo daughters, and their }manm aunt, & Ara; Dozier. Tho Iast nnmod, in vommon with hor sistor-in-law, Mrs, Jouos,; was woll advaticed In'yoars! ‘Llio family ‘dwallifg is #ituated in.a .plensant . but isolated :pnt, well beyond earaliot of tho nearest noigh- The 1at of June hoing a mild and heautiful Babbath, Mr. Jonos solzod tho octasion for s distant'rido into one'ot_the adjoining countien of North Caroling, and. later duriig tha foro- ‘noon his throo dunghters_drove to tho mooting- “houad, nbout one milo and a balf distint: Thus an unhappy fatality ordered it 8o that tho two vonerablo ladios, Mre. Jonea and Ars, Dozler, woro lott alone. : Tho subsoquent confossion of the murdorer m{q)lluu us horo with & cannocted story. i'rom sunrise of Bundnay morning Jim Brown watchod the promisos, aud instigated, as it ap- poarn, by cuplidity alotio, waitol pationtly for thia “timo when tho honso should “ b left unpitarded save by tho'two aged -alsters. It may not be that his purposo ‘saforethought was murder as woll aa robbery, for even he could hardly have sought. with deliberation the lives of two fomales who had always made of him & spacial object of their favor and indulgence, - i sem ° Wheh thé young Iadies had loft the premises ho crawled from his concenlment in a wood-shed and enterod tho houso by a side door. Mra, Jonos and Mra, Dozier, their convorsa- tion intorrupted by this singular Intrusiom, turned. and rogarded with mutual instinctive torror tho black; threatoning countenance of the hidoons, misshapen nogro, He promptly made known his urposeto extort monoy. . Do- zior, though inwardly shivering with fesr, con- frontsd him . and. said, * Leave - the” houso. in-, stantly or wo shall have you punighed severely.” .o answoered nothing, but instantly seizod the “Iady and took tho housohold koys from her pockot. _Ho thon solzed - billet of wood lying on’ {hie honrih, and with two heavy blows from hia owerful arm literally broke hor skull to picces. orror-stricken at the wretched fato of ber com- panion, Mra. Jones, losing all hor native dignit; of demeanor, olung to the savage brute an prayed, * Jim, ploase don't kill me.” . * Only an instant ho hositated, till tho death atrugglos of “hin' firat viotim had coased, thon ngain tho huge. club ..descended and the yonerablo mothor of the .family rolled -an. .instant vofluo on_tho 'mow ensan- ined floor. o bloody work finished the lack domon wont rapidly through the rooms, ‘unlocking and senrching overy drawer or other " probable receptablo of money or tromsure. ' o found & pocket-hook, containing #6, and elsa- whoro a quantity of family jawols, which he loft untouched, cither through ignorance of thoir valuo or o shrewd foar that thoy might botray him,- Then he flsd “throngh tho woods to his _shanty, firat hiding the_pocket-book in. an oak burh by the roadside: - SR ‘Tho- nows- of a murder unparalleled in the - darkont aunals of Nansomond, wont, ms if by an olectric flash, all over the eighboring country. Actarriblo cry for vongennce respondod, and from Huffoll to-the ‘Inst habitation on the dark con- fines of the Dismal Swamp tho poople.with one accord rose up to search for the murdoror.. Tho .young mon of the district scomod: suddenl eudowod with tho instinct of tho blood-hount or the keen-insight ‘of the trained :detoctfve.' They got on the track and pursued it unceas-' ingly on tho second day aftor” the blnud{ doed, and'the doy aftor tho burinl of the victim the murderer was brought to bay in the woods, Being quiockly surrounded, ho was -takon: with slight rosistanco, pinionod, thrown into a fish- cart, and the samo night was safely doposited in the Buffolk Jail, : The next morning ‘the jailer found him ecrouchod in_tho corner of his coll - shivering -with norror.’ He thon declared thal he h just waked = from = dream,” in which . -ho- saw. ‘. himbelf - with' 'a ‘rope around his nock. Thus.hia-superstition belng excitod ho was ensily lod to mako & full and free confession of hin crime. The week following tho trinl was begun in Suffolk. ‘The Court fur- nished connsol for the prisoner, who pleaded guilty, and listenod with little visible concern to the Srncunfllngm The trial waa concluded in two doys—a vordict rendered of murder in the firat degros, and tho culprit sentenced to be hanged on tho 11th July—giving him & little moro than three weoks for preparation, Albert Saunders. Prince Frederick, Md (July 11), Correspondence of the ! o e ok s Pondence of On Baturday, Deo, 28 Inat, the body of Eugens Archie Purdell was found near tho publio roadto Upper Mariboro, some twelve milos from this place. The marks of yiolonco upon_his_hesd mado it ovident that ho had boon murdered. Burdell was & Fronchman by birth, and had boon traveling through the countiry a8 a clock cloznar. On the 26th, somo two days bofore his body was -found, he had called at Mr.-Howe's - store, about sunsot, and askoed him if Lo could give him » night's lodging., 3Ir. Howo informed him that ho had but ono spare room and that had alrondy beon prom!sod to some civl, engineoera who were amployed in locating railrosd ‘route through tho neighborhood ; that, however, ho bad no doubt McDowell, who lived not very for off, could accommodatohim, Atthetimeof theconvor- ention there was pragont in tho storea colorod man nanod Albort Baunders,who volunteered toshow Dim the way: * They loft tho" store togother, -and nutmufi was acen _of Burdoll until two days af- terward. “A couplo of boys wore hunting a haro which ran into & doop gully, and in the pursuit of the game thoy -came upon the body of the unforiunato man. Thoy at once notified the Puopln at the noarost Liouse. At the Coroner's nquost, bofore which Basunders, who had re- mained in tho neighborhood, was summonod as & witnose, tho cirowmstantis! evidonce polutad so plainly to bim as ‘the murderar that Lo was are rested and brought down hera to jail to nwait the action of tho Grand Jury, which, at’ the last My, torm of the court, prosented_an-indictmont against him. Doforo tho trial cama off Sun- dors mado » full confossion to *Mr. Hindry, tlie County Jailor. He psaid that aftor ho loft the store he picked up = hoavy osk stick or club, and thab whoh thoy - had gone & shork distanco he struck:bim & blow with all hig strongth on theleft sidoof the hoad; that thoman follin thoroad, but justthen hohoard a man com« ‘ing on horsoback - and 'ho ranand hid- in tha woodn ;. that, after the horscman pessed; he cama back, aud an'the man wan still kicking he gave Lim another blow, and then he did not kick any more. Ho stooped down to search hir pockota and got his monoy, whon he heard another horse: ming coming, and ho ran again into the woads till this second -man pagscd. .Then whon he cama back the third timo ho dragged him into the woods and “threw him down into_tho guiley, whoro o wae found. : That Lo took the woolon senrf or comforter off hinnteck, but'that wasall ho brouliht away, Tho monoy which hé found in ono of lis pookats was a big roll of’ bills, and that, with a silver watch ho had on, he hid undor some small bushes inthe gulley. The eatchol or small bag which Burdell had’ with him he létt in therond. It lLadnothing in it but his olock tools, and thoy wero no uss to him. This satchel wans found in tho road the moxt morning after the murdor by a colored man, Tho comforter, which was racognized as bolong- ing to the man, was found by the jailor at tha rlncu near Saunders' house, whera _he sald ho had hid i, but the watch and money have uover boen found, though diligent. soarch has boen mado at and in the vicinii Yof the placos Lio do- soribod. Bincoe his confession and conviction hao donled being gulty—that he hiad nothing to do with the murder of tho man, and ho'don't know why ho eald so, That it was all lies that he told, That holaft Burdoll lying drunk in-the road whera Lio fell shortly afier they loft the store, and that was the last he saw of {lm. ‘The onl; thing sbout his confension was that he robbo him of the comforter, They wero going to hang him (8aundeis) for a murdor that he had nothe ing to do with,” No one who was prosont at the trinl entertatus the !llf;ham doubt of hin gullt, He told tho isilor that he wanted him to find the money which he said ho hid, bocause money als ways got people out of troublo, Thatif tliore was &y much thero as he thought thore was he could hire a big lawyer aud then thoy wouldn't hang him, y The fauown was a plain platform, with two upright timbora and the ususl cross picce, The baok of it was braced ngainst the frontwall of the prisouot's room. Most of tho time the car- pontora wore at work Le eat looking at them, now and then mrn!ng his back and holdiug his face In his hands and moauing, Aftor the scafs fold was comploted hiscoflin, which was made of . PR CH ! - wit . agroerers, the propert; lain pina and unpainted, wan earriod i Anto t!!‘n ‘mnnuo alongnida of hia dour.n ll‘{; '!’r?l‘r; he'slopt badly that night (no wondar), and the noxt night he aleptworno, Tlo Tiad haard thany dlgqlmz hin grave & faw feot from the acaffold, inthe corner of tho court lot, Ty Fridey thorning the threa Mothiodist minitoss of the nalfhborhoou, ono_of whoin wan colored, wero h him, and_ thoy remained untll (ho Hhorip announced tho thme for exeoution, indre; tho jailor, placed himuolt” on on side 'aYs erhunor, Slior(ff §mith_ond the olorgymen-—the ov-Messra. Gardnor; Manzy, and -Drapor—ims modiutely following him. The ginonur utepped out of his coll and on-to, the: platform withoug ,lhn.alifhloat apparont tromor, . o wos drossed in Whito pants, with a_long linon frock of shroud, oud on his had a blnok'eap. He neateq Dimeolf for n'momont on “the ohalr on tho seat: {old,. whilo pno of the, ministors, knoeling down on tha atops, offored up & leri,cnk‘nruo: t0 the good God tor tho soul of tho man that waa thua suddenly to bs, ushered into « thd nthmi world, Aftor tho ‘prayur ‘was oyer tho prigonor aeid : * L am innocent of tho orimo of. which I.am to bo hting ; but my Iast words to thoso ‘who hone med ‘are to Imclp away from”bad-‘company and whinky shops," 5 % Tha jaflor then adjusted the rope around the prisonor's neek, and ho stopped forward to the laco to which lio was dirocted on tho platform. on -the Bhorift, who ‘waa evidently Inborin, under considorablo oxoltement at the unpleagan| duty which ho had to porform, wont down tha stope, prossing his foot ns ho got to the bottora on the.falso utuF which drow tho Lolt upholding tho trap. * As it dropped the prisonor fell with m honvy thud. Thoro waa hardly s utrugglo. ‘Afton the body hiad boon banging abont soventoon min~ ntos Dra, Dixon, Dawkins, and Rood pronouncod {l:&: i%xth}ct “(.lhl‘i“.p“t ‘h\'o:;‘lo,' aud his rolatived i g olaimed his romains they wore dolive: turxt‘l’.x'nm for hnrllli‘ ' % ) md‘ ore wore porhaps.1,600 pooplo prosent witness tho oxeontion, 'Twoguvgl It’:em ':;;l:: gislgs Thk;ld Ilugdimol:l hfilrylniml National ‘uard oen ordorod out and took position imme- diately surrounding the scnlxold.p -~ . . Thomas Incksons Leonardtaton, St. Mary’s County, Ald. (J/ ) ondence of the Nrs, Lok Montil Thomas .Jackson, colored, wak hung hero toe dny for tho murder of a whito man namod James Beoflold on the night of’ the 3d of April Inat, at Fairfield, in 8t. Mary's Cunnx, Maryland, - To the charge of murder was also sdded RrE0N, burglary, robbéry and larceny, a crimo the lika of v{:flufl never bafore ocowrred in ths. come munity, . i y Bcul{nld waa o merchant and the Postmaator a¢ the piaco, Ho was about 52 years of ‘ago, and though boarlug s _somawhat occontric character, was rogarded acan lionost man and an oxcol lent citizon: Mo wis also.a man of ploasank addross and manners, and was possossod of & rospectablo share of literary accomplishe ments. Ho boon twice .miar< ‘ried, soparaling from his: second ' wifa on account of incompatibility of temper. Twa yeara ago, in an altorcation at his store with ‘nogro man, he killod him. He was tried for tha crime by the Cirouit Court and ‘scquitted, tha Lhi:mkdd: being regarded by tho jury as justifiad o, i . . On the night of the 84 of. April last’ Scofield's atoro was ontorod, tho occupant foully murdered, tho sholves .dospoiled of tho most valunbla .goods, and tho bullding burned. Some of tha .goods wera subsequently found: in Jackson's ouso, and he was srrested, tried, and convicted. ;. This morning thotown was Alivo with'preparas tionn for carrying' tho sxocution into "olfeot, 'Fullifl,oflo men, women, aud children, “white -and ‘luk, Liad assombled from all parts ‘of the conutry. fo ¥ X ‘Tho prisonor passod & quict night, watahed'by, gomo of the Bhorift's posre, ato & Loarty bronks, fast, and enjoyed soma nicknacks sont from tha villago. Ho was left alono with' his apiritual ad« visor until 1 o'clock, when tho'Sheriff, his anpist- aute, sod your corroepondant ontorod tho call. - Bhientt Abell informod the condemned that hiar hnd deferred exocuting the sontonco until ther lnst minuto fixod by the warrant was noar ab Land; aud ho must now presv,ru for tho gallown.. Jackeon liad, beon xPrmmlu with .a noat blacie cont and pants, His confinémont ‘had "somo= what roduced his flosh, s0_that he did not woighs moro than 140 pounds. Thore was nothing ro= ulsive in hia countenance, " His look beapoke hat of & cunning, ‘heorotive, * crafty negro, wha has profited by ks intimate assoclafion with goiie tlomon during his blavo lifo, His brother, dure lnin short interviow with him iaatardny, askod it ho would not tell who was with' him when tha doed for which howas to dio was committeds Jackeon said 1it. was .cnough . for him to suffen without gotting others into troublo, ond ha would not accuse.anvbody else. . Tho arms womJfininnud with strong cord, tha prisoner still conducting himaelf in a quiot man= uor. e had nothing to say, no requost to mako, oxeépt that tho Bhoriff would not prolong ' tha exercises. Everything being in rondiness, ha marched out, escortod from:the jail to thw gcaffold by a fillo of armed mon, asconded the stairs with & firm step -and took' tlis placa assigued hini on'the drop. The clorgy gave hiry, “the-last words of comfort, and, after & sberg prayor, loft tho gallows. The Bleriff thonouyd hisfeot nnd legs, adjustod the knot, Wrich had ‘been tiod by an exl}'mre,- drow the blar' cnp over hig head and bade him farewe)), In' another minute ho was on the ground, his right’ hand grasping the lover. A dull tYiud was beard, for Jackson waa dangling af tho end.of tho ropa, with no evidenca of ite in him. Aftor hanging twenty minutes the body was lot down,’and lifa pronounced extinet, It was then enolosed in'a _Plain coffiu_and interred in the cemotary on tha outaido of tho town. ) —_— S The Shal’s Talismans. alignani'a Messenger remarks: * Much han been said of the hbujugul packagosand the num- berless precious stones which tho Shah of Persia brings with him in his visit to Europe. Un- doubtedly, part of Lis most precious articlesia composed of talismans from which His Majosty, who is superstitious, is novar separated. - -Thoy .are_extromely numerous, being more than 200 in all, “Tho most imporfant_comeuina direcy line, from the lagondary Rustam,the man . whose Listory Liamartine wroto, It ia s fivo~ Imintud goldon star, adorned with as man argo dinmonds, * The original owner placad l,l on the forehead of-his blaok horso, a marvelo animal of . which' a Persian poot mays: ‘H gnanon, rapid, lika & bird of prc}, whose winga ave boen enlarged by fright.! “That object im callod Airzoum ~ It bas, according totho Porsini of forcing conspirators to immodiatoly avow their projocts: When tha brother of tho Shah -was sccused, a few yearm ngo, of treason, Nagsar-Ed-Din_prosentod Buge tam’s star to him. Torrifiod and seized with res morse, tho criminal avowed evorpthing, and ths, .confossion was attributed to the -magic inflye “ence of thotalipman, . The brother was banishedd sud his acoumplices gontencad to the punish-~ mont of the string in the nose. Aftor tha -Airzoum, the noxtmyoint -of . imporiance is a small cubo of amber, ‘fallen from tho sun‘in tha time of Mahomot.’, = Its Pernian name is Amhve rad, and it is believed in that couniry to Lo able to rouder the Bhah invuloerable. e alwaje woars it round Lis neck, Then conien a goh box, studdoed'.with omeraldy, and which was Llosged by the Propbet. It- ronders the members of tho royul family invisible, on- the express condition that their only acquaintance with women fu by sight. ‘When the presont monarch received it from hia father, he had already somothing like 250 legiti~ mate wives, without counting tho othora, Ha thereforo hus bech unable 1o 'tost tho effact. ‘I'bet does not provent him from roligiously be~ -Hufini in that marvolous quality of this "box, whichiscalled KZamen. Lot us mention tha “dismond Hydaeb, & splondid stone, which ia worth not loss than 500,000 or 600,000 francs, and which ornaments tho bilt of oho of tho Bhal'a ‘sabres, That weapon renders its possiossor in- vincibls, Every onomy who *strugglos agninst 1t Is fatally dostinod to'bo docapitated, = ILia Majesty has, however, novor had occasion to ox= poae Lis person, and ti owoa‘}wn lina never, 80 to #ny, {usucd from ity scabbard, Finally, womay montion the talisman most redoubted by tha Bhah. It is a dentilated Khangiar, endowed with similar pyoportios to the cimotar above mentioned; only, tho destinies . have willed that whoover shall uae it shall ' porish by It. Thoro- forg, the magio arin_romaina_carofully Inclosed In a coffer of sandal-wood, on which is engraved a vorue of tho Koran." —_— Mortality in Cities. * Last yoar tho mortality was precisely equal in New Orloans and Boaton, being 80 per 1,000 in- babitants in both. The mortality 'in Ialifax, Nova Scolis, was 81 per 1,000. , Bavaunah, with ita hot olimate,, though built “upon a low lying coast,” and surrounded by peatilontinl wwatapa ‘and rice fle}ds, ia as favorabloto lite as Florenco, moro favorable than Montroal, and very farmora fayorable than Prague, or even, strange ad it inay sound, than Munich. The mortality In Sa= vaunah and Florence was 86 per 1,003 In Mu= nich ft was a8 high as 41 . por 1,000, ° Again, the Tato fn Now York and in Berlin waa exactly oqual, and in both it was disgracofully high from the same cause—absonco of the most olomoentary exvitary procautions, Whils in Londonl tha most populous oty in the world, and cerfainly no the best managed, the mortality was nomora than 21 por 1,000, in'Borlin sud 'New Yorkit ronched 83 per 1,000, Yot New York, lying I the temperate rone, Fhl Ly wator and washed by tha fresh es, ough‘ 0 be far, moro healthy thag low lylog Loudon, on tho alugelsh Thames, - Corres