Chicago Daily Tribune Newspaper, October 10, 1873, Page 3

e e R R R RRRRRRRRREEEEEEEREE=——————. THE CHICAGO DAILY TRIBUNE: FRIDAY, OCTOBER 10, 1873. THE LAW COURTS. Action of Trespnss for Wrongbul Ejectment, A Suit About the Ownership of Two Feet of Land, Infringement of Patont-«-Libcl Suit---The Supreme Court. Judge Troo was occuplod all day yosterdsy in hoaring tho case of Cohn againat Rapp and oth- ors. Cohn claims that, in 1873, ho lived in the np- por part of No, 17 Johnson streot, and that Rapp, conspiring with Justice Walsh, who s a defond- ant, commonced a sult of forciblo eniry and de- tainer, and, obtaining judgment, had & writ of restitution {esuod, under which he (complainant) Was ofected. Cohn anlleges, moraover, that ho tendored the Justice, in apt time, the costs and & suroty on an appeal bond, which the' Jus- tico rofused to acoopt, His ohild was mick at that timo, and his goods wore dam- sgod by the expulsion, and ho asks for $5,000 thorefor, Tho vlaintit also insists that the law which allowed only fivodays in which to fle an appenl was ropealed by the new act, and ' twenty days substituted, The com- Plaint also was defectivo, and & polnt is made that aa by it only can tho Justice obtain juriadic- tlon, if it is faulty, the procoeding fails, and all tho partios aro trospassers. The defonso clalm that the tendor was not mado at all, or not till sftor the writ was sorved, and hence not soon cnough to have it recalled. A sharp cross-oxamination of tho plaintiff failed to raveal any very heayy damages causod by the expulsion of his househiold proporty,—not “suffi- oiant, at loast, to prevent it being used continu- ally thoreator. Tude ST Anour Ty m:lza oF onguu?. 5 udge Farwoll was occupied yesterday in hoar- ing the case of Webster againet Gmuyne. Tho facts are somowhat peculinr. Complainant al- logos that he owned 60 feet in West Randolph strect, on the osstern part of which ho orocted w0 24-foot houses, Nos. 874 and 876 Raudolph stroot, lonving six foot of tho west side unocen- pied. Inthefallof 1872 he sold tho westorn one to Groeno, describing it as tho west S0 feet of Lot 2, whilo 1t was in reality the weat 28 feot. Groeno ascertained this mistakoe, and in April 1ast commonced n suit in ofoctmont for the two feat. But theso two fect aro under complainant’s houso, and he prays in his bill that the faulty doed may be corrccted. The hearing was not comploted, and will bo resumed this morning. ANNIVERSARY DAY, All the Judges excopt Judfiu Tree and Judge Farwell, who wore in tho midst of the trial of cases, adjourned thoir sessfon at noon yestor- dny, in honor of the second annivarsary of tho fire, and vory few new cases were commencod af- ter noon, To-day Judge Jameson is expected to_resume ihe condemnation cnsos, he having on Wednes- dny sent tho jury out to view tho promises in question. LIDEL BUIT. Houry Rosonthal complains of Willlam Her- man for slandering his good name. Plafutiff states that defondant on Oct. 4, lnst, called him a2 swindlor and a thiof, and thoreby injured hia reputation to the amount of e.’!,fll}fly. UNITED STATES COURT. Hoary F. Billings brought s bill yesterday in tho United Btates Circult Court” against the Unfon Egg Carrlor Companyoud William H, Ovington and Abuor H. Bryast, for sn infringe. ment of a patont for carrylng egge. Complainant alleges that hoe is tho assigneo of the original Stevens Patent Elgg Carrier, and that defendants have boen making and selling an orticle similar to his, Ho has oxpundufi about $2,500 in the invention, improvemonts, and advertising,and during thepnst. Ee“ alone hag g0ld about 100,000 cases, and that tho defendants have also made large sums by solling this coun- torfeit, the domand being very large, Complainant, therefore, praya that defendants sy bo enjoincd from making any egg-case bav~ ing a separnting diaphragm horizontsliy betweon each tior of compartmonts, and for a discovery from them of how many they have made, and ‘how large s profit they have derived therefrom. DANKRUPTOY ITEMS. In tho case of David Brown ct al, the As- signeo, Willard Bcott, having fled'bis final re- port, an order wasentered that ho bo vl\uchufnd. A petition in bankruptey was filed by Rind- skoff, Barbe & Co., againet Balkey & Gerson, of 191 and 193 Randolph street.” Petitioners claim §1,182.11, duc on two notos, and chargo that dofondants have suspendod payment, snd modo frandulont assignments and sales, Their linbilities are about $2,800 ; aseots nothing but = small atock, which is rapidly diminishing by daily sales, . George W. Campbell was elected assigneo of tho estate of Staples, Fanning & Co. CRIMINAL COURT. Judge Williams was ocoupied all yesterday in hearing somo objections of Nissen & Barnum to certain appeals from Justicos tor violations of the old 11 o'clock Sunday ordinance, and also some under the new Iaw. They clalm that if the cases are quasi-criminal, the Court has no juris- diction under the Constitution, and if civil they should not bo appenled to the Criminsl Court, The points were both overruled. COURTE IN BRIEF, The Mechanice' National Baok of Chicago commenced by prrecipoa suit in nesumpsit against Loopold A, Hart and Josoph Hart for §5,000. Thomas Bohnon complains of Lambert Blum for a broken Erom(uu to tho damago of $2,000. Janot J, Whitehouse filed a priecipo in assump- Bit ?gniunl Dauviol Noenan, John Flanagan, and M. J, Fiulan for §2,500. A judgmont was entered in the caso of Worth- i!xi' tga: v, Adams in favor of plaintif for $10,- ‘THE SUPREME COURT, Special Dispatch to The Chicago Tribune, OrrAwa, Oct. 9.—The Supreme Court met this morning at 9 o'clock. There was & full Bench prosont, and quite a number of promi- nont Jawyers were also there, The business transactod is fully set forth below. The follow- ing motjons, previously submitted, were dis- posed of ; > BY 31N, JUSTICE ORATG 503—Whitflold Sanford v, John J. VanValkenburg. By l:lxulntlou of purties, the l]:FuI in this case i8 dis- misged, and the cause remanded, 94—Eligha Buckman et al, v, Sarah Alwood ctal. Motion is made in this case, by defendant in erron, for time to flle additional briefs, It appears that since the first briefs were filed by the defendant in error an amended yecord has “been flled, and it becomes pecessary for him fo filo other briefs, The motion is allowed, and {he timo is extended ten da; DY 411, JUBTICE §OHOLFIELD, 241—James H, Recs et ol. v. Olto Peitzerotal, A motion Is mude for an extension of time for appellc to file additional abetracts and briofs, Tho affidu- it shows n suficient causo for tho extension of timo, snd it will bo extended fifteen daya from the timo atlowed by tho rule of Court, DY MR JUSTIOE M'ALLISTER, 304—Beth Wodbama et al, v, Lucy O, Flaglor Goy, 'This {s 8 motion on the part of_defendant, in error for additional timo to il briefs, It appenr that the rec- ord is very voluminous—several counsel have ap- red on tho Yufi of the plaintiff in error, and for at reason the time will be extonded fiftecn days, LY MR, JOATICE AOOTT, 140—David Wigging v. City of Chicago. Motion to sot aslde order of conlinuauce, Binca the order was enterod continuing the cause for want of servico, the appelleo hus oppeared and filed its brief and argu- ment, The order of continuance will bo sct auide, snd the cause takon by the Court, 1Y 31, JUBTICE WALKER, 8361—City of Ollll-'hqo ¥, Mury Kelloy, When the caso ‘was regularly called in its order, an order of afirm. mnce wua entered for want of briefa by tho appelinnt, Tt appears that tho bricfs were prepared, aud were supposed to Lave been sent, but, through accident or Toistake, wore ot sent at fho thno the shairact ad ather papers wore sont, ‘The order of aflirmance a now set asldo~thoe briefs can be filed, and the cause will be taken by the Court, 446—Barnum Blako v. Christine Bluke, Thisisn ‘motion to strike out portion of the cortificate of ovi- dence roturned by the Judgo as s part of the rocord in tho Court below, It does not relato to evidence that was beard, but to the manner in which tho case was submitted to the Jury. As thero is some differcnco oy to what did occur, and how it occurred, thoy ask us to striko out a portlon of it, We can only sy, in (hia cage, 81 wo froquontly, and almost at every ferm of court docido, thut thia rocord ia tho record of the Court below, and 88 the record of that Court it fs en~ tirely under’ the control of that Court, and entiroly boyand the control of this Court, We hava not s par- ticlo of powor to amend, altor, or chango u record of that Caurt, fu any WBY‘. 1f tho party dosires to Lave tho record amended, {hoy must nnllfl( 0 the Court be- low, and have the rocord amended (here, and bring & transcript to this Gourt. Wo ure entirely powerleas to smend tho record of the Court below, and must refuse the moton, NEW MOTIONS, 221—§tephien B, Maorov, I, G, LR, Co, Motion ll:yllm;:;lef for an ordor to asend rocord, asper stipu. tion Aled, The Ohiof Justioo—It W1 bo allowsd, ae a maiter of eourse, 892—Livingston Compton v, William Payne, Motlon by appeilant to sot aside order of afiirmanco, 847—Joln O, Corbus ot al, v, Jobn 8, Teed, Dimt- nution of record suggested ; motion for leave to fils Pamunnu transcript sud for cortiorarl, 433<, O, R, R, Co. ¥, Tsrael R, Patterson, Diminue Uon of record suggosted, and loave askod to filo amendmont or carrection of record Iriatanter. Tho Ohlof Juatioo—1t will bs Aled unleas objection in made, B, Boyle movod that I, 0, Fiold, Ro-Mine; and Banil . Jamos be permitiod lo praclicd on’forelga 1l OALL OF TIIE DOOKET, 431—Tho Morchants’ Savings, Loan, and Trust Gom- psny v, Grant Goodrich, for use, &o, ' Taken on call. 433—1lenry W, Farrar v, Eugono B, Payne, Takon on call, 423—Ana Vall v, N, P, Tglohart, Taken on call, 424—Bame v, Bame, ‘Taket on cail, norge T, 11, Hugles v, Fredorick M, Zelgler, Taken on call, 420—Androw Rager et al, v, James 8, Kondall, Taken on call. 427—Emily Bossler v, Jacob Stephan, Transferred to Qentral Grand Division, 423—Chioago & Northwostern Rallroad Company v. Oatherine E, Olatk, sdministratrix. Argued by D, 0, Qook, for appellant, and taken by tho Court, 429—Tlozokish Briok v, Amos R, Bloadmen et al, Taken on call, 430—Asa Bcott v, Menry Beyson, Takon o call, 431—Joshus O, Jonkins ot al, v, Lucy I, Doolittle ot “Taken on call. 8i—1enry Fetforhoft, imploadod, v George Paul, Oontinued Sept, 31, 433—Tllinols Coniral Rallroad Company v, Israsl R, Paltorson, Tokon on call, &0 -Ebncaor Buckinglism of l. v August Fiahor, aken on call, 435—1, O, R. T, Co, v, Richard M, Mitcholl, Taken onenl 436—M, O, Walker el al, v, Ohaunosy Tucker et al, Argued by J. N, Jowolt for appellants, by Van Arman for appelice, and taken by the Court, 437—Republican Fire Insurance Co. v, Willlam P, Emmett, Judgment afirmed undor tho rules, 438—Nlagars Firo Insurance Go, v, 8amo, 430—Germania Fire Insurance Co, v. Same, | #d0—Hunovor Firo Tnsurance Co, v, Same, TO-MURBOW'S CALL, The call for to-morrow will be from 441 to 460 in- clusive. e ou! ADJOURNMENT, ‘The Court adjourned untll 9 o'clock to-morrow morning. Following is the list of cases on the Buprome COourt Dogket not already included in the dally ‘eall: f{1—Chatles Y. Plerce, - adminisirator, ofc, v Gharles W, Boynton et al, 443—Patior Palmer v, Alvin Ford, 443—Winchester 1iali et al, v, Connecticut Life In- surauce dmngnn o HiAllls B Dishop v. Obristian Dusse ot al, 445—Georgo Dourlove et al, v, John Horrington, 446—Barnum Blake v, Clirintine Dlake, 447—Beymour F. Norion v, Andrew W, Allen, 445—Tho Pralrls Blate Xoan and Triat Company, tmpleaded, eto,, v, Aloxander Dolg, i9-=Joasph Haeriock ot al v. b6 Vilags of Winnst- a0t al, 4500ty of Ghicago etal. v, Timothy Wright, d51—8sme v. Androw J, Wright etal, 452—Jamen Bhauby v, William Wolls, 453—Wm, . Loomis ot al. v. Richard P, Barker, 454—Charies Follansbes efal. v. John D, Parker, 435—Wm, Paton ot al. v Goargo W. Cumpbell 456—John F', Eberhart v, The Ohicago, Milwaukes & 8, Paul Ratlroad Company. *_ 457—The Northwestorn Fertilizing Gompany v, The Village of Hydo Park, 458Jobin Murry o al. v. Mary Ann Hoverly et al . 0. & ¥, R, V. Railroad Company v, Jacob F, Dlack et al. 460—Josoph D, Kern v. Beymour Potter. 401—arron Duna v, Wi, It Haight. 483—Tho O. B, & Q. R, R, 0. v. Albort Griftn, 483—Androw J, Varnor v, Margaret Varner, 404—The Chicago & Alton I, K. Co, v, Board of Bu. popvisors of Livingaton Couny. 465—Aaron B, Searing et al. v. Jostah R, Butler ot 4 156—Tho Oblcago & Alton R. X. Co. v, Samuel Uia- enour, P The Latogette, Dloomington & Misslssippl B, R. Oo, v. Asahal Gridfoy, 168-Dayld MoWilllams ot al, v, Richard P, Morgan, 469—8amo v, samo, 470—William Thompson v, Fredorick Maxwoell, 411—The Chicsgo & Allon R, R, Co, v, Richard P, Borgan, ITi—Taward Gooding v. ssmo, 413—Eugeno R, Btoves v. poine, 474—Norman Hall v. Tioso TTIll & Evanston Road Co. 476—William F, Durant ot al, v, nonry!. no‘;m. {76—The Pennsylvania Co. v, William Fairchfid et al. 471—0. & N, R. R, Co. v. Goorgo R, Bonloy ot al. 478—Erie Ratlrond Oo, v. Adelvort J, Wilcox. 4700, & N. W. R, B, Co, v, Edwin H. Sswyer. 480—Same v. Audrow Ry 481—Geo. C. Campuell ¢t al, v, Olara Benjamun et al. 1830, & N. W, K. B. Co, v, Northorn Line Packet 483—Randolph Burt v, Sanford B, French, 484—William A. Muller v, Mathfas Benner, guard- 1an, ete, 485—Goorge Freobroth v, Joseph Mann, Cm—Mumu Fahrenkrag v, Eclectio Life Insurance ompany, 487—Richard Cole v. Calvin W. Favorite, impleadod, o, o 483—Myron J, Amick v, George IL. Young, et al, 489—H, Frederick Templo v, James B, Johuaton, et 1, i 400—Nolson Oard v, Hubert A. M, Caleb et al, 491—Bame v, Same, 492—Lovi H, Rood v. The O,, 0. & F. R, N. R, R, pany. 493—Jwimoa McCabe v, Amasy Crosier. \94—Jamos ¥, Geltins v, Moses L, Beudder, 495—William i¥, Host v, George W, Tuzbury, 490—Tugh Maher and Willlam J, Tewkcsbury v, Harmon Spruance et al, 407—Chicago West Divislon Rallway Company v. John Huges, 498—Duvid L. Hough v, William Harvey ot al, 499~, G, R, R, Co, v, Bumucl Benton, 500—Siephen J, Swenyear v. David Bmith, G01—Thompeon W, Warren v, William Hansbrough at al, 603—Max Behwelzer v, Thos, 8, McOlolinnd. 503=—Whittleld Sanford v, Jno, J. Vun Valkinburg, 504—Ropublio Life Insuranco Co, v. Trusleea of Blair Lodge, etc. 503—Augustus C, Pront et ol. v. Wm, Dantols et al. 506—0. C. & I, O, R, R, o, v, Nicholus Troesch, 507—0, B, & Q. R, R, Co, vs, Ferdlnand Stumps by ‘hia nexi friend, 508—Puluski Roberts et al v, Wilson T, Dunn, 509-Bame v, S8ame, 510—Henry Kerbor v, Tllinols Stove Co, 511—Wm, Conroy et al. v, Peter ¥, Hopkins, 512—Reuben C. Garrabrant v. Clias, A, Hull, 4 m—v‘ ?cob Kelly, impleaded, &c., v, Harlan P. Kel- g ot al, 8Fi Jomoph Gould et o, v, Thos, Caldwell, 516—W, A, P. Robinson' v. David Robinson and Holomon Robinson, partuers, &c. 15Tt Peoplo, &,y ex rcl. ot al, . Georgo Cross- oy et al, ‘517—Joseph H, Bissell v, Mathins E, Grossman, 518—Archibald McCoy v. The Peopls, ke, 810, W, Btanley et al, v, Gilbert Parro, 520—Wills Willitta v, Obas, Brum. 521—Henry Uhlich v, John 3. Mubilkos ot al,, snd ‘Erost Uhlich ct l. v, Henry Uhilch, 523—Stephen 8. Ehelps ot al. v, John ¥, Ourts ot al, 623—Same v, Amadee Berthold snd Ferdinand Bozlor, pertners, otc. 524—famo v. Jacob Edwarda et al, 525—Frank P, Huwkina ct al. v. John Ritchles 520—Georga Eager v, John Lyls King, 537—John B, Hoag v. James E, Starr, 528—8amo v, Ssme, 520—Tasao R, Slowell v. Helen Besgle, 530—W, H, W. Cusbman v. Horutio 0, Btone et al, B31—Abner 0, Harding v, The Commercial Losn and Trust Company et al, 633~Tho C, R, L, & P, Rallroad Company v Theo- dore W, Kennedy et al, 533~The People ox rel. John Culver v, Horace O, ton, 534~Ohristopher O, Cowell v, Adsm Bmith. 535—Willlam L, Holleuback v, Richard L, Devine. 536—~George H, Hess v, Thoron D, Booth, 5637~Jnmes O'Leary v, Qonrad Lieteich, 538—~D'atrick Dunn'et al, v, Hort L, Weaver, For use, eto, ‘649 ~Oswald Kubolschiy et al, v. James F. Gyles, 508, & I, 8, E, Railyay Company V. Supervisor and Olerk of Coid Spring Townehip, Wayrie County. 541—8amo v. Bupervisors of Baruhill townsbip, and Olerk of County Court of Wayne County., &43—John . Skidmore v. Willlam M. Inlss, 546-Michac] 8, Bullivant, impleaded, . the Blate of nols in suit for taxes, 544~E, M, Plummer v, Thomss Turtle. 545—Churles E. Bliclton v, John Franklin, 546~—John L,:MeCormick v, Willism L, Huse, bi7—Mlchuei'L, Good v, Presidont and Trustees of Town of Aledo, 648—Bame v, Same, Bi%—Hame v, Bume, 650—Bamme v, Bame, 65t—8ame v, Bame, 853—Andrew Ragor et al, v, Anna Gitler, 653—Zensa N. Holchkina v, John G, Russell, 554—Tenlnh J, Brook v. Jobn ¥, Fort. - B§5—Thomns Hnox et ux, v, Poier Brady, 550—Tho Dloomington Insurance Company v, ¥d- ward Higglns et al, 657—F, W, Erause v, Jonss Reine, B58—Amos D. Bliepard v, Wado Bewor et al. 569—The Town of Oambridge v, Lacrtea F, Dimick, 560—Babert 1L, Fish v, Wilson 11, Btubbins, e T o THE JUDICIARY, The following has boen handed in for publica- tion : 2 To the Membera of the Chicago Bar: ‘Tho attorneys of Ghicago aro requested to meet at tlie Law Institute this aftcrnoon, at 4:30 o'clock, for o purposo of agrosing on cxididutes for Judgos of tho Buperior Court, tobe yoted for on Saturday, Ty ordor of tho Committco, The friends of Jeremioh Leaming, Esq., of tho firm of Leaming & Thompson, have delor- mined to Yrauoni Lis nomo a8 & candidato for Judge of the Buperior Court of Cook County, at the Bar electfon to bo held to-morraw in Judge Jamoson's Court-room, botween the hours of 8 sud 5 p. . T RELIEF FOR MEMPHIS, To the Editor of The Chicago Tribune : Bin; Although tho Oity of Chicago fa doing nobly in her help to tho sufferers in Momphis, 1 #eo no offort has boon mado to sond nurscs, mala or fomale, to oare for thoe wick, Iam fully por- suaded that thore aro many noblo hearts in Ohi- cago who would willingly go forlh if tho Com- mfneeu for Ttellof would furnish means of trans- portation, One of our raflway companfos has volunteered to sond auy one to Cairo, sud I am suro the other lines would follow its example it epplied to, and paes nurses over their roads if proparl{ accredited, Ifeel quite cortain that, smong the medical profession, many would vol- unteor also. Yours, otc.; Menious. QOuioaao, Gk, B, 1838 PERJURY. The Crime Defined by the Su. premo Court. Itfs ““tho Aet of False Swearing in Respect to a Motter Materinl fo tho Toint of Inquiry.” Spectal Correspondence of The Chicagn Tridune, OrrAwa, Oct. 8, 1873, The following important opinion by Mr. Justico MoAlllator wag filed on tho 20th ult., and as the position held by the learned Judgo may be found of frequent application, I sond the -full toxt of the opinion ; Tiouben B, Tollard v, The Peoplo, &e, Error to Oir- cuit Caurt of Kane County, Opinion by MoALLIS- TER, J,, fAlod Bopt 29, 1873, This waa au fudetmeut for porjury roturned to the Gourt of Common Pieas of tho Qlly of Aurora, snd the venus clingod to tha Cireuit Court of Kauo Cotuty, whoro & trlal waa had, terminating in the conviction of tho plaintiff tn error by tho Jury, A motion for o now trial wus made aud ovorruled, and the acouscd scue tenced to imprisnnmentin thePenitentiary for ono year, Ho brings tho record to this Court by writ of orro, aud seaigns various orrars, Tho oath upon whioh poru 1a assigaed was upon tho exmnination of the acciined inopen Gourt, louching hin qualifications to becomo bal for one Clay, who was under indlctment for for- ory, aud whosa 'bail biad been fixed by tho Court ot ,000, Tho perjury sasigned in tho firat count of tho fudietment 1a that Poilard dld then and thora felon- {ously,willfully,falacly, corruptly,and knowingly festiry and awear,amoug othier things, in substance and to the effect following, that is to say, * tuat he, the sald Reuben . Pollard, ot tho timo of such oxamination, ‘Waa the owner of 400 tons of Lay §n the Village of Olin tonville, in said county, worth o lazge sum of monoy, to-wit:’ tho sum of $3 por ton; that ho was the awner of s large smount of real esfate altuatod in tho Btate of Illinofs, snd that Lo, at that time, wns worth $10,000 in propefty, over sud above all just dobta and Itabilitles, In thosocond count it 1a nllegod that bo testificd in aubstauce, and to tho offact, *that he (enfd Pollard; was worth the aum of $40,0004n property over anc above il bia dobtanud Linbilities, snd was tho ownor of 400 tons of Ly, then stucked. In tho Villago of Qline tonville, worthh $8 per ton, and that sald hay wes free and clear of all lious and fnoumbrances, and that he (the sald Pollard meaning) ownod largs amaunta of roul estate, situated in tha State of Ilinols,” On tho trial, the Judge before whom the examination waa had, cuncuwmn qualificationn of tho accusod, waa called o & witness, but wan nablo to testify toany specific statoment made, Tho State's Attornoy at that timo was then Introduced, and ho teatificd that the ac- cused gtated that ho was worth $40,000, Tho brother of Btato's Attorney, and Olerk of tho Coiirt, alson wite ness for the ple, testified that be thought the ace cused siated that ho was worth 5,000 or $10,000, Mr. Gardner, whowas & Jurorat. that torm, was {hon ut upon tha stand on bebalf of tho people, sud ho eatified that accused swore ho was worth $3,000 or $4,000, and this witness in corroborated by Graves and Warusr, who wore also present at tho fio, on o3 to the bay: Thore is a very strong prepone derance of evidence {hat tho uccun?d.hl. mq{nnl, );?n ot tho time tho. q\mnfiéy ‘which he stated that he owned, Dut Molzner, tho State’s Altorney, testified that accuscd stated on his_ezamination thint thero was no mortgsge or othor incumbranco upon it This witness s supported, in this particular, by no other evidonco ‘which we cun find {n the record, and he does not pro- foan to give the subatance and effect af oll the accusod sl upon e matlers in question, The scoused had, Jjust befors tha trisl, mado an application for continusnce, based upon an afidavit in due form, showing ' the absence, on nccount of sickiess, of 8 nccenssry and motorial witness, Mr. Pitks, who was a member of tho bar, and present at the timo of tho examination in quee. tion, and that accused expectod to prove by this wit~ ness that, st tho time of such examination, acoused stated that the hay alluded to was subjoct to an incum. Dranco of $350, “To nvold & continuanco tho connsel for tho peoplo admitted tho afdavit, and that Parks would so tostify, 1t also nppears, from tho records, that the Court por- ‘mitiod Melzner, agninst tho nh‘]lzcdnnn of tho counsel for the accused, to glve mere hearsny ovidence, both in reapect to Iarga amounts of upposed indebtedncan against aceused, that he waa fusolvent, and that thero WaB an inoumbrauce upon the hay, Under thin atato of tho case, tho Court, on bohalf of tho peoplo, gave to the {Ilry tho following instructions : *4 11 the jury believe, from the ovidence, beyond a reasopable doubt, that' an the 17tk duy of June, 1870, there was ponding in the Courtof Common Pleas of tho City of Aurors, an indictment sgninst Moses W, Olay, for forgery, us ailegod in the indictment in this cause, and that sald Clay was in custody under aafd in- dictment, and was endeavoring to rolicve Limself from ich fmprisonment, endeavored to givo bail, and that safd Qourt had duly fixed euch ball at $3,000, and that thoroupon anid defendant, Tollurd, preacnted Limsclf Deforo said Oourt as ouc of the surotica to bail eald Clay, and that thereupon tho Clerk of sald Cowt duly administered to said Pollard an oath touching hin ability to becomo ball for said Clay, on sald indicte ment, na charged n {his indiciment, and thore- upon’ sald dofondant, at and withih maid City of Aurors, whilo 80 under oath, was examineid bofore safd Court touching his ability to becomo ‘ball for #ald Olay,and thonand thera willfully snd faléo- 1y sworo and stated that lio was the owner of 400 tons of iny, situated in tho village of Olintongillo, worth 28 por ton, and that tho enmo was fres und clear of all liens and {neumbrances, or that he, said Pollard, was worth from $35,000 to 40,000 in property, over snd above all debts and Ifabiitles, when, i trith and fn fact, ho owned o hay In suld village of Clintonyllle, or, it e did own any, the samo was incumbored, of that said Pollard, at'the time of said examinution, was ot worth $35,000 or £40,000, biit, on the contrury, was insolvent, and ot the timo sa{d Pollard made auch itate- ments, 1o know tho samo to bo false, and ho mado the aamo wilifully, and corruptly, then the jury should Bad the dofendant guiity ; provided the jury further believe, from the evidence, that he was accepted by nakd Court gs ball for eald Clay, on tha strongth of such statementa,” “'Tho Jury ate {nstricted that, it they belleve, from the evidence, that any of the witneanos who hav testi- fled on the part of {he dofense lLave sworn falscly on any material fact in fssue, then thoy huva the right to entirely disregard their téstimony, unless corroborated by arediblo evidenco n tho cano.” ‘The foregoing statement of the case prescnts all the quetions made. whicl wo decm nacessary £o ba con- sidered, Firat, then, a8 to the hearssy evidence, That ft fa incomyiotent i obvious, Tho admisslon of incompo- tent avidence {6 not, slways a ground of roversal, If the Court can see, from fhe whole case, that it could not have prejudiced the party against whom .t was given, its improper admission may be disregardod, But we are not ouly unablo to see, In this case, that it could not have projudiced the accused, but are satls- fed tuat it might Buve been sery projudlclal, This ‘was perjury ssignod upon on alleged oath by ncoused that he was worih $40,000, and that the hay he said he owned waa reo from 'inclmbrance. The prosocution ‘e required to prove the falaity of that oath by whnt ‘wan equivalent to the testimony of two witnesses, The heareay evidenco had a dircet tendoncy to show that tho aleged atatements of the accused s to what he was worth, and that tho hny waa fres from incum- Drance, wero both fulue, and to {mpress the jury fhat the perkons from whom Melzner received his nforma- tion were also to be regarded a8 witnesses. Tho nd- minslon of the evidonce waa error thereforo, which cannot bo disregarded. ‘The noxt question arises upon the &)ropflet of the firet instruction, above guoted, It is o well settied rulo that it must appear, on the face of the facts set forth in the indictment, thit the matter sworn to, and vpon which the perjury is aseigned, was material, or there must be an express averment to that effect. The materiality of the matier sworn {o must do- pend upon tho stats of the cause, and tho nature of the queption in issue (Roscoe's Crim, v., 7681, The materiul point of inquiry, upon tho examination of tho acoused, ns {0 his qualifcations to 0 ball for Clay, ia thesum of §3,000, Was not whotlior Lo was worth th deflnito sum of $10,000, but whethor lio was fally ablo {0 reapond fo the sum of 43,000 If that smount, with costs and_interost, could réadily bo made out of ‘his_property, it was Wholly immatorial whether ton times the smount could or could not. 8o sliqas to tho lsy, W liave eald that it was shown by » clear_prapondorance of the evidenc that tho ac- cused, at the time of his oath, owned sbout 400 tena of hay ; but it was not dennitely shown that this b wns within the village of Olintonville, or wort precisely $8a Lon. Now thia irat instruction containg no doclaration from the Court 2a te tho materlality of any of the matters upon which porjury was sssigned, nor docs it submit that quostion to tho fury, andy while the indictment alleges that lie swore that lio was orth $40,000, the Instruction suthorizes the jury to fmd him guilfy if ho swore that ko was worth $33,000 or $40,000, and was not worth cither of those sums, but whs Jisolvent, It virtually directs tho jury to find bim qully, if e ey was ot siluated in tus Vilngo of Clfntonville, ahiongls o migh ve owned ol but It waa situsted Just out of tho villago. It author- izes the Jjury to find him guilly if the hay was worth anything less than 8 por ton, or was fncumbered to the amount of a single dollar, Thia rulo of criminality ia subject to the condition, in the instruction, that {he Jury should also flud, from the evidenco, that tho accuse 8 00= capted by the Court as ball for Olay, * on the atrengih of auch slatements,” 1t s the act of falso swearing in reapoct to a matter materdal to thio polnt of inquiry, which conmlitutes tho crinie, and ot [io infury which 1t tmay Bava dono to individusls, or the degrea of cecdit which was given to the testimahy, If it wos not matorial whother {ho Liay ‘Wau within the village of Clintonvillo, or just outaido ity tho fufluonce which ths fury iay suproto thst statemont Jisd upon thomind of tho Court i1 aceepting Tollard as bail, will not supply or constitule an equivalont for adch want of matoriality, That clroum- inetance was clearly not material, ‘The only material Dolut In tho swearlog ga (ot fiay e wiialior tha ritneas ownod i, and 1t wae mubjoct o tho procoss of tho Gourt, “When a wituess was asked by a Judgo ‘whotlier e brought » cortain number of shieep from one town to another all togothor, and lio answored that 1o did ko, Whereas, in mufin. he did not bring them all fogathor, but part at one {ime and part at another ; yot lio'wus ot gulity of porjury, becao. tho BubHINGO of thio question, waby Whethir Lo brought thom uil or niot, n{,d tho manner of bringlug themn way Huly elreume Btance," Upoi the ssme ground, it ls sald to sy been od- Judged that, whoro n_wituess, being asliod whether Buch & suml of monoy was' pald for two tuings in controversy betweun tho partics, answered i was, when in teaih waa_only pald for’ ono of thom by agrecment, such witness aQught not 10 bo punished for porjury, becauso, us the case waa, it was 1 e mnterfal, whethior it Was for one or for both, (2 Rolls, Aluo, it {8 said to have been resolved that a witness who swore that ono drow Lt dagyr nd bost and woundod 3.8, whies, i rutly Lo beut i ith a sttt was mot gl of porjury bee couso the boating only wus materful, (Hotly 97 Hawk, P, 0.11,0, 608, Noacoe's Orim, E¥,, T68.1 Lauly, as to fho necond instruction above quoted, ‘That dustruction was clearly wrong, It omits th ea- neutial elument that tho witnesscs had willfully and Xnowingly aworn falsoly. [Brennan v, The Peoplo, 16 1il,, 612, “City of Obieago v, Bmith, 48 7L, 11y For tho ropsons stated, tho Jjudyment wilf bo ro- voreed and the eause remauded, Roversod and romoanded. ——— A MODERN GUY FAWKES, Strange Vagaries of an Incbrinted Plumber—Rlc Reduces o Lot ok Hiouschold Curniture Atoms, and then Rlows Up the Ilouse, The occontricition of & weak-minded plumbor, whoso shop ia en the nortlwest cornor of Cot~ tage Grovo avenuo and Twonty-third streot, culminnted yesterday morning in an evont which threw that quiot loonlity into a atate of unusual oxcitement, R, E. Burns, tho plumbor In ques- tion, Lins been known for some timo pnst ag o hard-drinking man, and ona who, when in his cups, is sn ugly customor. Recontly his mind has givon indubitable slgns of wenkness, Among tho little poculiaritiea which his noighbors have noticed, and which have strengthened the bollef that ho was non compos, wore his seolng o & treo, sbout n week since, forty bonutiful canarios, which wero invisiblo to otlier oyos; his hearing tholr singing, whioh, to other enrs, was inandible; his showing a neighbor o lady, a fort- night sinco, riding & black horse through Hyde Park ot midnight—sho being at the ifmo safo in bed; his firmly fixed beliof, frequently an. nounced of late, that the policc were sll shortly to bo turned into slars, and Mark Bheridon into their sun sud the contral point of their rovolutions. Tho night ‘bofore last Burne took & very eccontrio turn, The boda annoyed him, so ho took an ax aud aplit thom up, strowing the fragments all oyer tho floor, togethor with shrods of the bed- clothes, which ho toroup. A lounge he tron .d in tho eamo way. Tho family clock ho disjoint- ed, aud linlf of tho works hio nailod to ono wall of his bed-room, tho otbor half on the other, whilo tho face was fractured and thrown among the dobrie of the bod and bedding. Those littlo occontricitios did not oall for more than p gon- tlo roprovf from Mrs, Burus, although thoy causad matorisl discomfort to apother family who lived above the shop. At 1ast Burnas satia- fied his lnst remaining dosire for destruction by toarng down an awniug which overhung his shop-window. In the morning ho was unusually busy, and evidently bad sowsthivg weighty on his mind, At about 9 o'clock ho ordered his wifo and two children to got rosdy to dopart from the honse, adding to ono of bis boys, who was oxorcising on & swing near the back part of tha~ shop, “Yowd _better got awsy from there bofore the five comen.” Togothor the family of four loft the place, and their doparture caused quitoa little atir in the nolghborhood, a8 it was well kuown that Burns way considorably in the debt of his landlord, who had taken Jegal praeaodinfin against him, and had made the remack that he would got oven with his creditors. About tive minutos after tha family had left, Burns raturned and re-entered tho house for & moment, A minute after his socond departuro o loud oxplosion washeard, tho house shook from cellar fo roof, sud windows and doors flow into tha stret. A man who wes possing at tho time got cnt about the face with tho flying glass, which, strango to say, was the only casunlty arising from the explosion, The family living sbove woro badly frightoned, but cscaped burt of any kind. Tho shop in which the explosion ocourred proscuts a veory dilapidated appearauco. Tho window- panes, almost powdered, wera all blown into the Btreet; tho partitions were torn ssunder in sey- oral placos, and shattorad chandoliors, washing- bayins, gas-pipes, and other plumbers' wares strow tho floor. From intenal ovidoncos, it is apparent that the explosion was caused by gun-~ powder, but how it was used or in what quantity will wot bo known until Burns, whom the police aro ofter, is cmlxibt, and makes o confogsion, Tho building {s owned by W. Woodruff, who gays DBurns owes him three months' ront of the part of it he occupied. Ho had sucd Burns for its recovery, and the caso was to como up for trial on Satui- day, Woodraff has a 82,000 poliey of insurance on tho house, but it is doubtful whotler, under tho circumstaveos, he can rocover, Tho firo which followed the ux&fluslon did not smount to mmuch, boing extinguished by the *‘Sherman fire-steamer in a fow minutes. PERSONAL. v TOE OITY, T. W. Guild, of Boston, is at the Sherman, N. Ourtis, of Cinciunati, is at the Shorman, Col. J. P. Willard, U, 8. A,,is at the Paciflo, 8. T. Gage, of San Francisco, i8 at the Pacific 0. 8. Lypold, of Haunibal, Mo., is at tho Shor- man, _l}un. J. 8. Boott, of Yows, ia at the Commer- olal. F. Noble, of Rockford, is a guest at the Briggs Houso, J. E, Harris, ot Harrodsburg, is at the Briggs Housoe. F, H. Whitaker, of Now Orleans, is at the Pacifio, ‘Wm, P, Kellogg, of New Orleans, is at the Pacille, Gea, G. R. Bteelo, of Rockville, Ind., is at the Shorman. D, F. Boymoro, of Hartford, Conn., isat tho Sherman. Gen, Farneworth, of St. Charles, is at the Blerman. Houry Yates and party, of Jacksonville, aro at tho Pacific. David Twoedie and family, of Scotland, are at the Pacifie. J. W. Vinson, of Jerseyville, is a guest at the Briggs Honse. J. Hanuah, of Belvidero, is stopping ab the Driggs House. ‘The Hon, H. 8, Halstod, of Now York, is at the Commercial. Tha Hon, P. B, 8. Pinchback, of New Orleans, is at tho Pacific, Robert Hurrls, General Superintendont of the Chiengo, Burl.iuébou & Quincy Railroad, and Oharles Payne, General Superintendeut of the Lake Bhore & Michigan Southern Roilroad, have gone to Louisvillo to attend to the time-iable convention to ba held in that city to-day. The following important item relative to the Royal family {s from tho Wasbington cone- spondence of the Boston Post: ‘*There is most excellont authority for announcing the engage~ meont of Lieut. Fred. Grant snd Miss Kitty Qooke, daughter of H, D, Cooke. ~Tho author- ity I8 originally that of a young Iady in Chicago, to whom Liout. Grant confided the sccret, ant it has traveled to your correspondont through two or threo sources," IN GENERAL, Goorge Poabody luld tho fonndation of his great fortunoduringa financial pauic in Eogland, when American soourities woro sold at b vory low rate. Last month thoro died at the MoLean Asylum, near Boston, Lott Robbins, its oldest patient, who in 8 1ew months would have comploted his fifty years' residence thero. There is a statoment which has reached Lon- don, by way of India, that Queen Victoria was roquested to crcate the Duke of Eainburgh “ Princo of Hindostan," which territorial titlo would have satisfled the 8t Petorsburgh quid- nuncs. Mr, Boecher has returned to bis home and nrish, greatly invigorated by his long vacation n the White Mountains, Ile has oven eseaped, thns sonson, his usual hay fever, and this puts him into such u stute of “swoot and loly calm that e says ho will henceforth quarrel with no- body. “ Paaco oh earth aud good-will to Bowen, iu Lls motto for the now yoar. Mmo. DoValmont, the mother of Mrs. Goorge Wilking Xendall, while attempting in an ambu- Iauce to oross tho Guadatoupe River, neac tho town of Barne, north of San Antonio, Toxas, was swopt down the swift stroam and wasdrown= ed. Mmo, DoValwont camo to New Orloans from Duris about twonty yoars ago with Mum Koudall, and thon went to live at Mr. Kendull's extonsive farm noar Baerne, Tho Obloftain of tho Glons b had a hard timo in Lis travels through Tralee, Iroland, to solicit suffragos, Iero s an oxtruot that de- seribos one of his experiences: “ Among the missiles hoaped on the O'Donoghue were nn- morous rotton eggs, Whilo pussing DBridgo stroot an ompty Aour-sack was shuken at hun, and portor thrown at lum, on soliciting the voto of a publican in Cnatle stroot, A pall of wator doluged it just ab this lustant, 88 ho was puss. ing the hotel.” Tha daughter of Don Carlos, of Spmn, {sa much-named young lady. Those who ure famil- far onowgh to call her by hor Christinn name addross hor as Benorita Blanch-de-Castilo-Maria- do-la- Conception - Thorese - Francoluo - d'Assive- Marguerite - Joaune - Boatrico-Ohnrlotte-Louiso- Feruande-Adelgonde-Elyire - Ildofonue- Regine- Josopho-Alichello-Gabricllo-Raphisello, Al this 18 oxclusivo of hor titlos, the number of which must bo frighiful to contomplate, Dr. Manning, now the loading_Catholia prol- ato in Bugland, writes to the London Times giving threo reasona for bn)!uvlnq the atory of the pliysical oporation alloged to have been par- formod by the Snvior on the honrt of Marle Alncoquo,” They are : Iirst, becnuse they rest upon evidence suflicient to command onr boliof a4 to tho fnots in the history of a porson; socondly, bocause that evidonca has passed un- dor repeatod and rigorous oxnmination by com- potent authoritics on the "apot and in Rome; thirdly, bocause in the mattor of thoso visions there 'in nothing that fs not consistont with visions and diviuo aotions rocorded fn the Old and tho Now Peatament. Donn Platt tells tho following story concern- hi‘z tho great Michigandor, Beuntor Chandler : “While making bis grand tour of Enropo ho encountered our frlond Gon, Lo Fovro, then United States Consul at Nuremborg. The con~ vorsntion turning on bills proseuted by laud- lords, the Bonator snid hio could not complain, His bills, compmed to thoss he had to pay in Washington, were reasonable enough, 'But there is ono thing that puzzles mo,’ he contin- uod, ‘wharovor I go, if but for oue night, L am chargad mitha bugéy, Now tho charyo s low enough if I overhad the buggy, but I havo't seon a buggy since I loft the Btates,” Our Con- sul was bothored, e nsked at last to look at tho bill, and found the loarnod Sonator had mis- taken the Frenoh ward‘lmugla‘(n candle) for the honest American one, ‘buggy.' " — CAYED IN. Collnpsc of o Portion of the New Tun= nele-A House Kuined, but No Ouo Xnjured, In running the great tunnel Loneath the olty to supply the West Sido with water, the most careful instructions have been given to the workmen to prevent the caving 1 of any portion of it. Notwithstanding these strict ordoers, the mon yestorday disrogardod thom, theroby causing great danger to the tunnel, and also to the houso immediatoly over the end of the drift londing wost from the shaft at the cornor of Halsted nnd Polk streots, Thoe lattor had just hoon finished, and tho * oye,” or openiug, of tho tunnel wns boing commoncadat & depth of about sovonty feet below the surface, The City In- spoctor had left positivo instructions not to ran tho drifé moro than twelve feat hori- zontally in advanco of tho mason- work, but, in his nbsenco, the oxcsvation ‘was contivned fourtoon foot, and a timber braco was thon put up at the end, while the men laid the floor of the tunnol and commenced the side walls. The timber brace commencod eracking ubont midnight Wednosday night, and at 3 o'clock in the morning the wiole oxcavation dropped in and filled up. The gfmuml above sank fn irregular broaks, varying in dopth from ono to five foct, and took along in its descont the front cornor of o brick houso on the south- cast corner of the streot. Tho building was owned and occupled by Mr, John Lawler, tho flvst floor as & flour nnd feed store, the upper part a8 n dwolling. Large cracks and holes appeared in tho wnfi, aud tho inmntes woro impressed with the iden that an earthquake had come to finieh what the firo left two years ago. TFortunately, no ono was injured, aud the building was propoed up with timbers to save tho reat. The wholo building will bo torn down as o matter of nocessity, nn?l tho logs will amount to fully §6,000. City En- ‘ginoer Chiosbrough mode an ostimato to nbout that amount, nntf will praceed to investigate tha cause, to seo who is responsiblojfor the acciuent, EVANSTON. Strike of Workmen on the Woman’a Collcze-=RResumption of Buwinoss by Merril Ladd’s Banke-Base Ball, Yesterday afiornoon nbout fifty men omployod upon the Woman's College struck for pay. They complaiu that they have not received their puy for four weeks, and some of them for six weoks, Thus far the Trustees have refused to issue orders or due-bills of any date to them. The mon eoxpress s willingness te go to work if the 'Trusteos will give them any guaranteo that thoy will recelvo Lheir pay during the month, or will give thom orders or due-hills sufiicient to mest thoir nocessitios, Tho Trusteen hold a meoting to solvo all difficulty, Meryil Ladd, “banker, who susponded two weeks ngo, will opon this morning at 9 o'clock. The Senior and Freshnen nines of the North- wentorn University playod a mateh gamo on the Collego campus Wednosdny afternoon, resulting in o scoro of 16 to 2V in favor of the Freshmen, —_— FLORIDA WATER. IMPERISHABLE FRAGRANCE! MURRAY & LANMAN'S CUELEBRATED FLORIDA WATER, Tho richeat, most Insting, yot moat delicate of all Per- fumog, for uso on the HANDKERCHIEF, At the TOILET, And in the BATH, As ther are imitations and countorfolts, always ask for tho Florida Water which: has on tho buttls, on the label, and on the vamybiat, tho vamcs of MURRAY & LANMAN, without irhich none is gonvino, Tor snle by nll Perfumners, Venlers in Fancy OCEAN NAVIGATION NATIONAL LINE OF STEAMSEIPS. from Now York for Queonstown and TAvorpool ry Saturday, and for Londuh diroctorory Tortuight, "Tor QU BENSTOWN and LLVERPOOL, from Piors 4 gud 47, Soril Kiver, i Druggists, and Eunco.. For Loa N 3nads, Oot, 14 S ST SR s ek et 14 - . A G PASSAGLS o, ursongge Y’ Passengors bookod t0 or from Gorman aad Seandiaa- wvian poinia at low rates, 'Tho Hteamslhips of this lino ara tho largest in tho trade, Drafts on Great l!r“’m. Ireland, sud the Continent, WILLIAM MACATISTER, = Gen'l Wostorn Ageat, ‘Northonat corner Olark and Raudolph.sts. (opposito new Sherman lonso), Uhicago, NEW YORK TO CARDIFFE, BRISTOL, LONDON, And all Other Points in England and Wales, The South Wales Atlantjo Steamshin Uom, i firat:Clusn Stoamshipa il sl from Founsyivania Kaile road \\'Iulrk Jursoy Uity Oct. 4 4 Oct. 25 il Expously (OF tho (rid6, Aro iro xith all the latest valmxuvumunlufur the numlnnl od coavonionce of Cabln and Steorage Passongors, Firat Cabin, #8 curroncy; Second Cabin, $65 curroncy’; Steor- [0, g.\(l uurmucy 1, 333, Dralts for £12nd upwards, For furthor particulars, apply in OII;IJH. at the Com- pany's Dmon?, No. 1 Dook Ohambers, and in Now York to ARGHIBALD BAXTER & ¢O. f\mll. No. 17 iirondivay. STATE LINE. NEW YORK TO GLASGOW, LIVERP: BEL- Tt A SO BON B0t Tlioso ologant now ktewmors will safl from Plor 84, North River, foot of Nortly Mourost., as fallow Wadnosday, Oot, 16 Wodnesday, Uat, 29, -+ Wotlnosday, Nov, 13! Wednosday, Nov, y thoreafter, takiny A And ovory nltornato Wednost sengora ot through raten to 1 il : taol Groat Britain and Folind, Norwng, Gwodon, Danmiark, and Gormenys Dratte for £1 u For [relght or lmt’qn 0 siply to AUSTIN BALDWIN & €0, Agonty, 73 Broadway, Bioorayo Passago Oilce, No, 46 Urand 8y, LirAnars, i, Uhiengo, cor, Canal il Madis Balling twlco a wook teo . Fanil hacta at Groat Beitaiy e0ngo; Je Titupa, and tho Mudfiorranoat, Gali (rw 184 N3 awo, Hriion aud e pociionat, #al oty B Ol el port o b olfor tapulas i A1 iayabi in R o any's ailigos, ‘No. 1 owling Groon, Now York, aad Ny 15, Sortor Lusatloand Aladiso, Uhioago, " ™ LHENDERSON BROTHERS. Agonts, AMUSEMENTS. MUSIO HALL, BEETHOVEN NIG-ELIT. THEO. THOMAS' L AST GRAND CONCERTS. O -IN I G-EX T, GRAND BEETHOVEN NIGHT, Flen tho (out mafoxtts wrartusos of (o Groat Gomposer to hia only opera ol Fillia, willfo porfgrmad in”wiccos- slon, for tho first timo In Chicago, togother with the en. trofith Sympfony, TO-MORROW AFTERNOON, ONLY GRAND DMATINEE. TO-MORROW NIGHT, LAST GRAND CONCERT, and most_popular rm TAMMO over por. homas 1 Quicago will bo given, Rosorvad seata maln flovr 60c extra, Bplouny and rede trole,'§) oxtra. Stoinweyis aolebratod o Cneneis: M OARPENTER & SHELDON, THE GREATEST SHOW OF THE SEASON, ‘Wabash-av,, gorner of Adams-st, MONTGOMERY QUEEN’S GREAT RUROPEAN Menagerie, Circs, Caravan, AND ONLY GENUINE BEDOULY ARAB TROUPE. MONTGOMERY QUREN..., .. Prapriotor ©. 0, PELL., o Gon'l Director GRAND INAUGURAL PERFORMANOE, Thursday Evening, Oct. 9. ‘Matinoes daily thereaitur at 3p. m. Arabfan Nights Hntortainmont, Hxtraordinary Hquostrian Kxerclses. Mammoth Mastodon Menngerie. Coloeanl Caravon, WILD ARABS! WILD ARABS! WILD ARABS! Boe Programmos, Plotoriale, snd Postors for partioulars, ‘Admission, 50 conts; Onildron, 35 oonts. WAL ¥OOTE, JR., Gon'l Agent, STAR LEOTURE OOURSE. MUSIO HALL, The First Leoturo of tho Oourse will bo glven fn tho ole- gant now Musio Hall, on NEXT TUHSDAY EVENING, By tho wall-known American writor, BRET ETARTIE. The firat appoaranco of tho suthor of the **Hoathen Obi- noa™ in Onfosgo. Tlokote for sala on Baturday morning, Oot. 11, atBox Oftico of Musio Hall. ~Admission, by cont aorvec Hoats, 76 conts. Musio by the Siar Oroliosira at 7:40, Lootsrs comastioos st oislock aarmy oo N, B.,—SEASON TIOKLKTS for resarvad soats o the inrto, entortainments, on cons3cutiva wooks, b bt Harrlot Hoootior Stowo, Jamos T. Fiolds, Nowman H1ail, E. 1. Ohapin, Camilia {7ts0 Troupo, Gerald Mansoy, Dan. il Doughorty, 1t J. Do Cordors, 'sad doba Brodghaim, auoh, MYERS' OPERA HOUSE, Monros-at,, botwoen Dearborn aud Stato, Arlingion, Cotton & Kemble's Minstrels, A Brilliant snd Langhable P . El thio Fhrllling Hurloadue, oivitiod oo First wook of FONNY MOKES IN A FOG, With Now Scouery, cast with tho entito Gompany. Bobby Nuwoomb, Mackia and Wilson, Billy Rico, Mastor G, Daenport, Krnost Linden, Wi, Arlington, Bon Cotton; and J, R, Kemblo in tavorite l‘zclnluoa. Evory Evoning aud Saturday Matiaoe, M'VICKER'S THEATRE. LAST NIGHTS OF THE GREAT COMEDTY, SARATOGA. Saturday-Tast SARATOGA Matigoo. Doora open at 1330, BARATOGA commonces at 3 aad terminates in timo for the ovoniag traina, SF=Munday noxt~CILARLOTTE MERRILIES, HOOLEY'S THEATRE, THE PARLOR IOME OF COMEDY. A GREAT DOUBLE BILL. Thursday, Friday, Satar- da, and Saturday Matinos, tha storling play SaUition ALL THAT GLITTERS IS NOT GOLD, And tho charming Comedlotta, OQUSTIMAN as MEG ‘Soats enn now bo accured, TE: I, Roth ploces with. ful cast, Ne Bl Tave shsconn PPN S30E g, Next meok tho Grent In propacation—HEARTS, ACADEMY OF MUSIO. MURPHY'S BENEFIT TO-NIGHT. lu the now drama of MAUM CRE, THE GREAT HIT OF THE SEASON. Monday—Robt. MoWads as Rip Van Winkle.s GLOBE, THE PEOPLE'S THEATRE To-night BENEFIT OF MR, JOHN THOMPSON, il DIXTE UR COLORED BROTHER. MILLINERY, MILLINERY! MODES RECHERCHES, LISETTE, CERLES, MONTPENSIER, TRR1IANON, BACCHANALE, WEBRTER'S, 241 WEST MADISON-ST. POPULAR PRICES! PROPOSALS. NOTIQE—~PROPOSALS FOR HAY, Proposals will bo rogeived by the Board of Polica untl noon of Oot, 18, 1878, for four Auudrod tous, or as much aa may bo needod for. the Fire Dopartmont for tho nozt on- sulng year, of the best quality of up! lnd“r irie hay, to be well préasod fu balos, Dot to oxcoed four hundrod pounds esah in welght, to be free from d sticks, woll cured, not bleached by oxposure to nd daw, Tho hay whli be Inspected by an, ofticer of the Hire Da- partwont, and all balos or car-losds not found {n good ordor will ba rojected, and any experiso fourrod by the an?flml\nl 1u romoving the same will be doductod from ravious bills, T betemnir ol b 90 3t vored aa requirod for tho convonich mont. T Board 7080rva tho Fight to Fojoct eah and afl bids, Partios destring to furnish the same will incloso the proposals, wilh suficlent honds, in soalod envolopos, ad. Grohaod 16 tho Hoard of Pollco, and Toavo tho samo with tho Snorotary af the Board, of ar boford tho timo atiove stated, REUBEN CLEVELAND, Maix SHERIDAN, L. P whtanr, 3 Davis, Board of Palios for the Firo Department. Ghicago, 11t Oct. 3, Wi, SEALED PROPOSALS 1t bo recelvod untid Oct. 11, 1873, 6 p, m., foe the eroa- o o aleet Yiotao i Routh xnatoh Sohool D trioty Gugk Uow, Hl.y accorilog, to, plaus uud spechica: tlons on filo at the olico uf W, J. Hdbrooko, Arobiteot, Yoo 11§ Kast, Madisou-st,, Chioago. Tiie b(rgfilau ro- o o rojoct v all_proposnls on tho sanio, iy ordor of BN DA ok, 3 RATLROAD TIME TABLE, ARAIVAL 4D DEPARTORE OF TRATRS EXPLANATION OF REFERENCE MANKS. - { Saturdayox eonted, * Bundny oxeepiody 1 Munday excopled. I Ar- rive Sunday at8:008. m, § Dally. NICHIGAN CENTRAL & GREAT WESTERN RAILROADS Depoty foot of Lake oot nf Theentysecond-st, Ticket'ogfice, 61 Clark east corner of Randatph, and 75 Canal-st,, coru 3 Teave, | Arrive, Mail Lvln main and air iine). c0a m, (s 8:16 p, m. Day Expross, 0 a, m.|* 800 p. m. \ackson Acouinmodation 16 b, nu§ B:00 a, my 00, m.|1*6:30 8, m o 0,000, m.| 8:00p. m 18410 p, .| 6008, m, HENRY O, WENTWORTII, General Passongor Agoat. 5 p, M, &lll:‘mn. m, CHICAND & ALTON HAILROAD. Ghicago, Kanaas City and_Dener Short Line, vla Fheduish L, Gnior Bep Hoes it Sy Loute Liey Umion iepat et ST, near adison-sts drdyee Ticket Oficens AF vepoty and 153 Handaipheste -+ Zouit- Kanas ity Ex. vla Jagksonsiiloy i, ot Loojainus, ‘Sl . Kanras Cliy Tast Ex, vin Jaok- sonviilo, 11}, and Lofsiana, Mo Ht, Louls Kxprowm, via Maib Line 8t Jouls Fast Kx, vin Maia Ling| ‘enobia Lacon, Washiagton ' Joliot & Diwight Accommodation, CHICAGO, MILWAUKEE & S, PAUL RAILWAY, Uninn Depot, corner Maditon and Canal-ala,; Ticket Ofica 63 South Clarkst., oppoaite Sherman House, and at Depot, Arrive, Leave, 30 8, m. {t 6:50 8, m. * 8700, m.{*11:008, m. £9:30 p, ra.[* 4:15 p. m. CHICAGD, BURLINGTON & GUINCY RAILROAD, D;"!I"l“[?.{:::"l?’l S’l;z'f‘“‘lx {nl"ll;‘;bfll., and ARIXI!;@M(?,-I(. L Candel i Sisteonthesty ierss Nos St Grand Tacins diotety wri at degoier o 0t 0 G4 it Lin Aurora Passongor... Hlondota & Otaws Fasiitiiord Downer's Grove Accommudatii Anrora Passongar. . ILLINOIS CENTRAL RAILROAD. Bt. Louls Expror 81, Louls Fast Calro Alal Cairo ixprey Springtiold Kxpross, Bpringiiold Expross. Dubuquo & Sloux G Dubuguo & Sioux City Ex. ) Glimas Fasngor..... ydo Parkand Oak Woods. Hydo Park and Oak Wood: (a) Runs to Unampaign on Saturdags. CHICAGO & NORTHWESTERN RAILROAD. Gity afices, corner Randolph anit LaSalle-ste,, and 76 Canals at,, corner Jadison-st Teave, a PactfloFast Lin Dubuauo Day b 3 Qb Night Exprosa. e iaht Lz, via Gilaton @ Frooport & Dubuatia Kxpressee s & Fraeport & Dubnguo £4bro § aifvaticos Biai. Mlliwaukes fixp & Milwaukoo Pastongor.. b Milwauieo Dassen 5 Grogn tiay Rapro § Maronetts B o Fxpros - & St Vot ixpion 5505 . a—Depot carnor ot Wolla and Kinzlo-ta, 87 Dobot corage of Cagnl and Kinsiseats: WL SRR ETE Gon. Pass. Agont. COLORADD. KANSAS & NEW MEXICO, Tickel and Freight Office, 71 Clark-st, Speolal Inducomonts. " Great Now Routa.’ A.,T. & St. Folt, R, W E, WEBB, Go'l Ag't, CHICAGO, ROCK ISLAND & PACIFIC RAILROAD, Deot, corner of Vanlluren and Sherman-sts, Tickat ojice, Grand Paciic Hatel, Arrite, Omaha, Leavonw'th&Atchison E: Fery Aloommodution ¢ e Eoivouworit & e f oo i LAKE SHORE & MICHIGAN SOUTHERN RAILROAD. Depot, Van Burensst., foot ar LaSalle-at, Iicket oMices, northicest corner Clark and itandalpleats,, and southisest cormer Canal and Madiso “Alr Lino Atlanile 15 Nigzhit Expross, vla ain Lino, Eiknart Acconinodation. ... ese South Chioago Accummodutio.. PITISBURGH, FORT WAINE & CHICAGD RAILROAD. st . Mail........ Valparaiso CHICAGO, INDIANAPOLIS & CINCINNATI THROUGH LINE. VIA KANKAKEE ROUTE. From the Great Central Railroad Depot, foot of Lakesst.; e oot af Ticentyy-vecandents. Tieket ofice, 121 Handoiphs o car ormer Clarks 15, Canatest cornir Aladlion s % ZLasallest., corner Wushington, and at llinofs Central Bipots Leave Ohicago...... 9:30a, m. § 8:46 p. m. Tralns arrivo at Oblcago at 7:57 8, m., 8:358, m., and m, SCALES. FAIRBANKS BTANDARD SCALES OF ALL SIZES, FATRBANKS, MORBE & 00 y UL AND 113 LAKE-ST. MEDICAL CARDS., DR. C.BIGELOW CONFIDENTIAL PHYSICIAN, 377 and 379 South Olark st., cornor Van Buren, Ohia: hicago, fa woll knawn by aff readtrs of tho papors, that Dr. oligaon, ke by sl ewiiol Bhi;lrclln I Ohica Scieuce and esporignco havo tade Dr, 1, tho mosy PEOIALIST of tho aye lonofod by 1ho pro: esteamed of tho highost medical attalumonts by al i sttt s v dovae SR o ] 1 in porlooting rom )3 gure mosltvely all casos ot GHTONIO AND SPEOIAL ISEEASES in both soxos AT BARLARE SULTATION FREE, Dr, 0. BIGELOW, %7 and 234 South Clark-st, Zimes, Uct, 23, 18, DR. BIGELOW I n regulatly brod physlolan, re) utation ia best known hero in otir midst. ‘11 wanta na dl tant referonce, but is woll spokeu of LY uvnr‘y una rusting themeselves to his . Whilo the world oudu; 1his clase of physiclans arc requirad, aud if uny ono neods suol vico, ILis of tho utmust importance to o only & man whoas oxperionce is equal to his oifer of 1 cal'ajd, and without prejudico, or any lutarost in s Sierihibubinit, 8 el oty ] ;loc,!‘ml. g’ln’l .y“d 379 South Clark-st,, Chlcago. - Medical Ingtitute, 196 and 177 South Clark-st., corsior Monrao, Ohicago, foundod aud conductod by’ Dr. J;' O. Guburn, for 1 troutment and_ ouce of all fornia of ehironic and apec Tastitute {s unguustios -his 1d, and b Drivato dison Boslotan in Ghfeso. - ¥ouig 1n0ro ox| han oy ol gmn Who Foquito a physfolan novor fail to find spocdy ro- 101 4nd & pormanent ouro at tho bandat Dr, Gobira, oud twastatin for hls hooke on mal gl Jonls d1icaso toany addrors, in sealod onvelopos, Addross lottors, It 3. 0, GOBUIRN, 176 and 177 Suuth Clark-st., Chican, 111, ‘Allcontidontial, Ollioo bours: 9 a. 1, Lol i, m. Qtodp. . By osdor i the Diroota Chicauo, Oot. 7, 1950, MACHINERY. WILLIAM A. HARRIS, Providonce, It. I,, Bullder of tho HARRIS-CORLISS ENGINE With Harrls' Patont Tmprovoments, Sond for Qlroulars A %0-hors Engino fs on oxhibition at tho Cinctunats Jix position until Qotobor 4, and a 60-horeo Kngino at the Loutsvillo Exnadtion nutll Ootaber 11 Dr. A, G, OLIN, 352 Wabush-av., Tho most ronowned spoolalist of tho ago fn tho treat- ont ot el Ohranlo. Disousos ot both eexos. S Tl yakon, " Nosyoushoge, Avorslin, Lo Suiloty Batrod “Sihe Tons of Blomory, &e. pormaninily oured, Nomttor who tiave fatlud,’ ol ‘or wilto. fi I solf-ovidont that & physicinn maklng a covialn ulmu.r soasos for thirty yoars his stidy, any lm.\(('lu(uflllim\‘( I of cancs yoarly, must aouuiro geyut skill in v ?Xl\'&;ln t than ono in gohoral praciice, Py Tigh wtn ing, in thiv sud other IY‘Ill'l{ fllll"lfllnll patlo T Quli‘flul i co uurs, 38, (08D, 1. > LITor wales for e 1810 Wwork, ¢ Lost Manhioad, " fros of Ghikos s ot i Mo tais fuot and reo: for tresmont, EDUCATIONAL. o v Ao wdutelollocs OTIIN HALL, STAMFORD, CONN, G Lioglish, m-....nlf,". 1 almu‘.’ Bourdlog-Bekiool 1Gr Young Ladlos. Commonoos Sopt. 4.~ Apbly to Princlpale, t T 03 ALK EN snd OHASE, f158 BULKLKY'S HOAUDING AND DAY L[_ Hohool for Young Ladles, Tarsytown on tho Hudion, will ruopou Sopt, 17, ygoustt Dr. Xean, 360 South Clark-st., Chicago, ; May be confidentiall consultod, poronally or by nall, O R TR B I us flno cugraviogs, Al langusges spokon.