Chicago Daily Tribune Newspaper, March 14, 1874, Page 2

RAILROAD NEWS, Railway Employes® Mutual Benofit Assoclatlons Proosedings of the Fourth Annual Uonvention, ‘ Reoelpts and Expenditures~~=Eleotion of Officers. Annual Report of the Pennsyl- vanin Railroad. The Net Earnings of the Main Line Were $9,446,703. Btatement of the Condition o tho Lensed Linos. The Clinton, Gliman & Springfield---Recoiver Hinckloy's Report. THE RAILWAY EMPLOYES' ASS00I~ ATION, Tho Railway Employes’ Mutttal Boneflt Assoct- ation of tho Weat, which waa formed about five yours ago, for the purposo of paying endowments to the widows and orphous of decensed membors, hold its fourth annual convention lagt Tuosdny, at Cloveland, O. DYLEOATES from tho followiug railroads woro presont : Chi- eago, Burlington & Quiney ; Linko Shore & Mich- 1gan Houthern; Westorn Diviston of the Creat Westorn Dispatch ; Empiro Line; Columbus, Cincinnati & Indianapolis Railroad ; South Shoro Lino; Atlantic & Great Wostern; Now York Cohtral ; Chicago & Alton; Cloveland & Pitts- burgh: Nashvillo & Great Southorn; Toledo, Wabnsh & Westorn; Chicago, Rock Tslund & Paciflo; Vandalia Lino ; Milwaukeo & Bt. Paul. I ANNUAL ADDRESS. Mr, A, D, Reid, tho Iresident of the Associa- tion, In his annual nddress, sald that the orguni- zution was in o very llourishing condition, and modo ‘the following suggestions for its future manngowment: As tho object of tho Association was o mutual honofit to jts mombers at_the low- est possiblo cost to onch, tho salary for Secretary should be reduced to £1,000 & yenr, which was & fair and just compensntion for iho dutios of that oflico. . Dolays hind occurred in tho adjustmontof somo Joesics, through tho fault of tho party maling up- lication for mombership not distinctly stating rhu full name of tho party to whom the loss was to bo puid; for instouce, in udlng the torms | ‘“my wife ‘my ohlliren,” or “my . “mother.” In Tfuture, ench applicution should spocify the full namo of the porson for whoso benofié the parly hocamo n member of the Associntion. 1o also, Buggested anow chango in the by-Inw, that ‘any cost to iho Association arwsing from any suit to estab~ lish claims shall be deductod from the amount to-bo poid tho benofiiary. There had boen nolthor an increaso nor a deereaso in the num- bor of mombers. COMMITTEE ON REVISION. The following committca was appointed to rovisa tho conblilution aud by-laws: C. L. Rising, of tho Chicago & Alton Kailrond ; J. R, Wood, of the Ohicago, Burlington & Quine Railrond ; E. D. DYarker, of the Lake Bhoro & Michigan Southern Railroad ; M. L. Fonts, of the Atlantic & Great Western Rnilroad ; and I', AL Whitlock, of tho Clevoland & Pittsburgh Rail- road. PINANCIAT. The Sccrotary and 'L'rensiurer’s report is as follows : on, To lota] caeh balanea March 10, 187 Yo total casl received the past yow To futerest on deposits during fhe Total.,euaas. By cash for lossea By cashi per stat By cash on hand. forthwith dolivor up' to theso Truatoos all the proporty of the rond, and pub Scott and Jowett inpossosslon of tho road. The oauso of this application doos nok apponr in tho potition, but it 1n doubtloss In consequonce of delinquoncy in tho payment of interest on tho mortgage bonds. ‘Lho Court roferrad tho potition to B. AL, Prince, Mustor fu Chancery, who will take testimony in the mattor, nand roport the faots to the Court. Until this {s roportod baok the subjoct will prob- . ably not come up agnain. An important ftom in tho history of the Ro- colvorship is tho NEPORT OF THE RECEIVER - of tho dolngs for the firut threo monthe of pos- wnossion, fix(u m1£utt was flled in tho court on Triday, and from it wo loarn tho following: Tho Teceivor, aftor sono delays by injunction, took full posscssion of tho road on tho 2d of Dacom- bor, since whioh timo lio has had posacssion of tho road and managod fte oporation. Upon toking ponsesslon, the Rocoiver causod to bo mado an involco of the pm[lmrtf' in porsossion of the Company, a copy of which hio annoxes, 'The total gross” earnings of the road for the three month onding Fob. 20, aro 855,000,025 opor- ating oxponso for . tho eamo thme, §35,989,24 ¢ not oamings for the ssmo timo, $11,007.78, "T'otal increaso of earnings for tho snmo time ovor Inst yoar, $403.81; deorense in oxponsos for threo months over laat yoar, $29,076,60. Balance of cash on haud March1, 81,267.73, On taking posscssion of the road the former Trensuror roported \ o pav-roll for Soptembor, otob Ho found tho pay-rolls for Boptember, obor, nndNnvumhurpuu aid, which in as far baok as bis ordor allows him to pay. Ilo hns pnid the rollu for September, Oatobor, Novemoor, aud Decembor, and will pay for Jaunary innfow doys, o finds thnt part of the property in Springflold was gold for taxes in 1871, and’ the timo for tho redomption oxpires in May noxt. 1o ling paid taxes in Sangamon for 1874, KING VS. WILDER. Decision in a $500,000 Suit, Judge Farwell Allows Mr, Wilder to Retain 1lis-Block, Exhaustive Review of the Testimony in the Case. The Bill Dismissed for Total Want of Equity, The Usunl Appeal Taken, Judgo Farwoll delivored his docipion in the cndo of Joln King, Jr., sgainst N. P. Wilder, yostorday morning at 9:30. Tho suit is of somo interost ns Involving tho titlo to the Wilder Block, or * My block,” on Wabash avenue, Tho following is a full abetract : In thiscase of King v. Wilder I havo, I bolievo carofully oxamined the- testimony and argu- ments, and the briofs of counsel and the'nuthorie ties cited, and ondenvored to undorstand the cado boforo mo. In giving my decision T shall not attompt to go over with this' cuso fully, so that a porson unacquainted with it sball huvo a full understanding of it, becauso that f8 unnec~ cesary ; but I'shall endeavor merely to state so much a3 seoms to bo necesunry, in order that the counsel and partios who aro familiar with the casa may understand the grounds of my doclsion, THE FACTS IN THE CASE nocessary to be noticed in my docision, as appoar {rom the evidenco, aro that, on June 21, 1839, at o Governmont snlo in Chieago of lots, Mr. King was prosont, and purchased Lots 13 nud 14, Block 15, Fort Dearborn Addition.. It appears that what ho purchased was in fact for the Joint benefit and intorest of himeelt nnd Mr. Rich- ardeon, o friend or & connection of his; that othier lots ware purchased at tho same timo, under the same arrangoment, for tho eamo pare tiess that Mr. Richardoon had farnished & por- tion of the monoy, aud that it was understood that the lots woro for their joint bonefit. * For somo reasons; the cortillenles of salo wero The Executive Committeo wasreduced in num- %er from uine to five members. OFFICERS ELECTED, The olcotion of ofticers resulted as follows : Prasidont, A, D. Rteid, Chicago ; Vice Prosident, R. 11, Hill, Gloveland; Bourd of Diroctors, 1. Hateh and E. D, Parkor, Chicngo, J, Farnsworth, AL T., Tonts, B. . Whitman, and B, M. Whit- ‘ack, Cloveland, Robert Emmott, Indianapolis, R. 8. Skinng, Burlington, George Haneock, Do~ iroit, Robert Allen, Rochestor, O. A. Lucas, Lafayotte, Ou motion, it was decided that every railroad or division of railrond hnvo n reprozontative, to o olected by the mombers of the division, sud, in case thoy fnil Lo elect one iu thirty days, the Beerotary to appoint u ropresontative. NEXT, . The next Conveution will moot at Indianapo- lis, on the second Weduesday in Marob, 1875, At & moating of tho Board of Dircctors, Licld b tho close of the Conveontion, Mr. James R.Wood, of Chicago, was clected Becrotary, and I\, O, Hatch, of Chicego, Treasurer, for the onsuing yeur. e THE PENNSYLVANIA RAILROAD OOMPANY, At the annual meeting of the Pennsylvanis Railroad Company, hield at Philadelplua March 10, Mr. J. Edgar Thompson submitted the twen- ty-sevonth annual roport, which containg somo vory valuable and intoresting information, THE RECEIPTS, Tho rovenuce of the Company from its sov- oral investments show o surplus not profit for tho year from the maln line botweon Philadel- phin and Pittsburgh, after meoting operating expensgy, intorest, taxes, and two semi-annual dividends at tho rate of 10 por cont por aunum, of $2,198,707.14, which amount is largely in ex- ceus of any deficiency that ean occur in the op- eratious of ity loused lines und on account of guarantoes. = The rovenues and oxpenses of the main lino hetweon Philadolphin and Pittsburgh during 1878 woro as follows : From passzngers, Erom emigrant From malls, Bene For i 3 ¥or majuteunice Tor muintenance of roud. For gonoral oxpenses. . 100,33 A ——————$15,440,305.10 Leaving net eanings in 1878........$ 0,410,700,74 The net carnings for 1873 wora 7,852,18, which shows an iucronse in 1878 of §1,147,851.60. ' THE LEABED LINES, ‘The earnings of the United Itnilronds of Now Jowsey and branchos, and the Philadelphin & T'renton Railrond, in all 276 miles, wore, in 1873, #8,516,799.93, and tho expansos during tho sume period of time wero @6,702,188,05, leaving net ontnings in 1878 £1,724,651.88. Tho onrnings of tho Belvidere & Delaware Railroad, 63 miles, and tho Flomington Branch, 13 milos wero, in 1874, 91,148,222,70, while the exponses during thesamo fime were $85,01.65, lesving a_surplus of £422,810,11, The carnings of the Doluware & Ruvitan Caual in 1873, on 44 miles of canal and 17 miles of foeder, were 81,690,100.12, and the oxponsos wero $863,821.40, ianv}ng not oarnings of $198,210,91, ‘The cornings of tho Philadolphia & Erie Rail- The oporating rond in 1878 wers £9,849,067.20, oxponses during the samo 'porlml woro £9,418,- 810,84, leaviug n bulauce of 428,760.90, ' 'I'io linos west of Pittsburgh have boon leared to the Ponnsylvania Company, which is a differont or- gunizution from tho Pennsylvanin Railrond Gompuny, but both_organizations are managod by Thonina Bcott, who la tho Vide-Dresident of the furner, and President of tho latter, Com- pony. S S GILMAN, OLINTON & SPRINGFIELD, TENTION OF TRUSTEES, Spectut Dispateh to The Chicago Pribune, Brooyxaron, Iil, March 18.—Thomas A, Beott and Hugh J, Jowatt, I'rustocs for the first wortgsge bondy of the Gilman, Clinton & Springtield Road, Lave flled a potitlon m the MoLean Olrouit Courty apking that the Court wake a decroo requiring Recolvor invkley to made out'to Mr. Maore, a mutual friend, and the pateuts wore fssued to Mr. Moore, but really for tho beneflt of Mr. King and Mr. Richardson, On tho Gth of Soptember, 1839, My. Richard- son aud Nr. King mado a statement 1 writing, signed by themselves, deolaring that they held theso two lots together, that they wero jointly aud equnlly intereatod in them. Mr. Maore subsoquently made a convey- ance of thege lots to Mr., Richardson by a spo cinl warrauty deed u:avusm'mt(u;i1 against his own sots, which Was duted tho 90th of Novembor, 1839, It wae not acknowladged until April 8, 1846, nor rocordod until July 7, 1849 ; but as far a4 the evidence shiows the deed was probably de- livered about the time it was dated, or wag conidered a4 daliverod, -On tho 5th of July, 1841, Mr, King and Mr, Richardson made s memoraudum in writing, stuting that they wora Liolding theso lots togothor in Mr. Richardson’s name ; that Mr, Rtichardson was to hold the Lalf which l!nlonfim.'l to Mr, Klu%, a8 socurity for o noto dated that day of 81,100, which, is clnimed to bo a mortgago of hiu undivided Lalf equitablo Interost in thioso lots, to scouro tho payment of thnt $1,100. On the 31st of Beptember, 1846, that memorandum of July 5, 1841, and tho note given at the samo time, wore given up and cau- celed, and anotlor similar memorandum wag given, signod by both Ym-hou, with & new note for $830, " which 14, in substauce, « mortgage of that undivided half intorest of Mr. King's, to secure the payment of tho nuto for 2830, Aftorwards an nesignment was mado by Mr, Ki"fi to Mr. Mooro of his intorest in that un- divided bn)f of thoso lots, shown by thess papers which havoe been made, in considoration, ng stated iu the nssignmont, of 1,000, paid by Mr. Mooro to him. 'This assignment, upon its faco, is absolute ; does not propose to be as sccurity or for any purpose oxcopt that of conveying to Mr. Moora whatever intorest Mr. King may bave in the undivided hnlf of these two lots, That paper is dated June 1, 1848." It was not, in pomt of fact, deliverod to Mr. Moore. An assignmont was mado by Mr. Mooroe to Mr., Richardson of tho ngreement which Mr. Kin; had o transforrefl and mado to Mr. Moors, of his interost in thoso lots, in coneidoration, ns stated in the assignment, of §1,000, which is duted tho 18t day of April, 1850, On tho 18th dn! ‘of April, 1860, r. Mooro ox- eouted to Mr. King an instrument of defens- nuce, to tho effect that this ssstenment, which ho bad made to Mr. Moore, dntod Juno 1, 1848, of Lin Intorest in these lots, abuolute on its faco, wns, In point of fact, intonded ns u wocurity for tho lomn of @ €1,000; snd this articlo of defoasance provides, if this 1,000 shull be ropaid within a certain time thorein mentioued, thut then tlie property shall bo ro- convoyed to him, in substancoe showing that aa botween Mr, Muoro and Mr. King this assigne mont of Mr., King's intorest in the property was intonded to ho in the nature of & mortgage. CONVEYANOD TO WILDER, On tho Ist day of January, 1861, Mr., Richard- son by » warranty deed, aud in consideration of £5,500, cunvuflud bath of theso lots to Mr. Wild- or, ono of tho defondants inthis sult, which dead was rocorded Feb 8, 1851. Ou the 24 day of July, 1851, & quit-oluim doed from Mr, Moora to Mr. Wilder was given, which wan given on necount of the defeot in the ncl(l:n\vlod§lllnllt of tho deed which Mr, Moore had proviously glven to Mr, Richardson, Ot these varions papors the only ones that ap- pear to bo rocorded in tho Recorder's oflice of Cook County are the deed of Nov. 80, 1839, from Mr. Moore to Mr. Richardson, the deed from Mr. Riohardson to Alr, Wilder, aud the quit-claim from Br, Moore to Mr. Wildlor. THE COMPLAINANT ONARGES when Mr. Richurdson took an assign- mont from Mr. Mooro of April 1, 1850, bonr- ing that dato, thot - Mr. Richarduon, inpoint of fact, kuew that Mr, Mooro had given to Mr, King this writing of dofensanos, and that, therefore, ho cannot Lo allowed to hold this proporty as o bona-flde purchaser without notico of this articlo of dofensanco, It is also iuslstod, on the part of the complainant, that Mr. Richardson ocoupled such a position with rogurd to tho titlo of this llmpulty and the n- torosts of tho Jmtlon. thnt ho was not in » posi- tion that would allow of his purchasing up this interont; that ho ncuquudn sort of position of truat that would uot allow of Ins purchasing this interaut which Nir, Moore liold, A POINT NOT WELL TAKEN, With reyurd to that poiut, I do nat think that tho piwition 1nken by the dofondants on thab subjat is & gond one, nor that the anthorision whivh they,clte Lave roforance and sro applicns blo to & caso of this kind, I kuow of uo rulo of law that prevontffa tonnot in common from pur- ohinsing the Interost of his tonant in comman, As 1said, it I8 clnimod that, when Mr. Rioh- ardson purchareil this, ho know of thin artiolo of dofeasanco, and therefora cannot hold as n bonn fido purchnsor, In_other words, it s charged that noithor Mr. Richardson nor Mr. Wilder ean: ocenpy horo tho- positton of n bona ~ fide _ puroliaser without mnotloe; for, it Mr. Richardeon took this property,— took-this nesignment from Mr, Mooro without notico of this dofensance, and withont notico that Mr., King had suy romaining intorost in it,— ho then becamo a bona-fide purchasor, and ho was in such & condition that Le could mnko a sala to anybody that might know of tho facts,— at lonet a porson oconpyi "F tho position of Mr. Wilder. Although Mr. Wildor might hnvo known what Mr, King's intorest wnai it boing tho law, concorning which I bolloye thero lna been no contost horo, that if it comos Into tho hands of n porson who oan inslst u{mn holding it as n bona- ilde purchneer, tho title thon bocomes oloar ; that bo hna such an interost aa ho can disposo of, olonr from tha equitsblo olsim of tho origiual owner. Theroforo, the law allows ouo who is clniming under one whoisa bone-fide holdor, without notico, a good titlo. Thereforo it is important in this oane that both Mr, Richardson aud Mr, Wilder should have notico, booause nofthor of thom ean olalm to Lold, a8 & bona-fido purchasor, without notioe. CONBIDERATION OF TIE EVIDENCH, Now, tho quostion is, What is tho avidence? It i o quostion of ovidonos, becnuso It sooms to bo concoded what is onoo & mnran 0 i always n mortgago,—nt lonst within the limic of twonty yenys, at wlich timo ovory mortgago may bo presumod to bo pnid; and if thoso papors, whioh hinyo boon roferred to, woro in substauce and effool & mero mottgago of this prnpnnly, to thoso partics, and that mortgago has nover boon foreclosed, and thore hae beon no rodemption, thoy atill ocoupy tho position of mortgagor and mortgagoo to this property, inasmuch as thissuit was commenced bofore tho oxpiration of twenty onrs. Theroforo the (lllnstiull is, What aro the nota a8 shown from tho teslimony, and what constinotton fa it tho duty of tho Oourt to glve to the ovidenge? Norren, As to the notico to Mr. Richnsdson, Mr. King swenrs that ho did not trausfor this paper nor nualfin it to Mr, Moore until the 18th day of April,: 1860. Ho says Mr. BMooro and Mr, Richardson lived near each other, wers con- nocted by marringe with enoh othor, and that ho bimeolf wos a frequont visitor at their house, and that ho talked this matter over with botl Mr. Moore and Mr. xrn%, oy to whob ho waa about to do; that thoy both fully undorstood what tho objoct and intout of tho transaction was: that ho intended to lot Mr. Moore hnve his papor for the purpose of enabling Mr, Moore to raisa 81,000 from Mr. Richardson, and that Mr Richnrdson so undoerstood it. Mr, Richardson says ha took that anor on tho 16t day of April, 1860, and not on tho 18th, ond that he kuow nothing.about this articlo of dofoasnnce,—ho nover saw it nor hoard of it un- til quito rocently; that lio had no knowledgo that this was transforred to Mr. Moore ns a mort- gage for seourity, and not by absoluto salo. In brief, ho donies all knowloedgo of theso matters which Mr, King awears to, With rogard to any conflrmntory tostimony on that gubjeot, I do nok obscerve in the caso anything that is of any spo- cial importance, and tat is entitlod to have any groat weight boyond thelr own statemonts on oithereido, In regard to noticeto Mr.Wilder,itap- pears that ho was, for n bumber of yoars, a clerk of Joln Kiug, Jr., & Co., which firm wns come osed of Mr. King and Mr. Moore, and that Mr, ooro loft thut firm in 1846, porhops, and that aftorwards, for two or threo yonrd, Mr, King oar- ried on bosiness alone ; and that Mr, Wilder ro- mained in his storo 68 o clerk until Nr. King closed businoss, Mr, King said Mr. Wilder knew about his intorest in that proporty. ; but there is no avidenco that “Mr., Wildor ovor saw any of these papers which showed tuat Mr, King bad an iutorest in this proEnrty; but Mr, King says that Mr. Wildor kuow about his matiers, and talked thom over with him. Tt apponrn that, at womo Gimo duriug this por appears that, at some time during this peri- od, ME King mado an agrooment for the pur- chise of the noxt lot iying south of thosa two, and Mr. Wildor's namo appears as a witnoss to that agroemeut of purchnsio of that south lot, Mr. King “f“ that he got up plans for the erec- tion of 'a_dwelling-house npon this proporty whilo Mr. Wilder was with him, and tho plaus ware lying about tho store {n tho desk, and wero #een by Mr. Wildor. ITe alloges that this mattor was froquontly tatked over with Mr. Kiog, aud Mr, King knew all about it. 1o also introduces #omo tax receipts, showiog that the taxes upon this property wore naid by Mr. King ; that tho proporty, as far as can bo judged by tho tax re- celpts, was_nsusossed to Mr. King ; tho recoipta having endorsomonts in Mr. Wilder's handwri- ting,~—showing that Mr, Wilder must have seen thoa receipts. THE REPLY. On tho contrary Mr. Wildor avors that this ia not true. Mo says lie did not know what intor- eat Blr, King hud in those lots, nor did he know that he lind any intorest. Ho snys that if he cn- dorsed those receipts, he indorsed them as ho would indorso any other papor without kuowing or noticing anythiug about what thoy ropreserlt- ed. SUMNING UP, Mr. King is the compluinant in this suit; and comes forwnrd to clainy, aftor the lapse now of miore thun tweonty years, (it being withiu two or three days of twenty years whon he brought the suit) property which has become suormously valuable, but which, whon these transnctiony took placo was cdmparatively of small value, Ho comes forward to claim this pmimrl.y upon his own testimony, and, ag far as notice to Mr. Riohardson is coticorned, it depends npon lhis own testimony alono. ~The other party, Mr. Rtichardson, comes forward and denics. Now, I do not fool at liberty to grant roltof, becnuse the testimony of the complainant 18 diroct and positive, but I do not think a Court of Equity would bo warranted in cngo liko this in granting the relief prayed for, It must not bo & doubtful caso. [t mustbo a cloar ongo, The Court must be satisfled that this thing is B0, Wit regard to notlce to Mr. Wildor: I think thore Is moro evidonce than thore is in the caso of Richardson. But this caso at first blush looks straugo, Thore is a mystorious look about it Somothing more is needod in order to under- stand this case,—in order to soo what is the socret of all this. Evidonce is furnishod by the testimony of witnesses and tho nbstract of titl, which shows that Mr. King, whatever may have been his condition N{wrcvmunly, wag for soveral FM“ in ombarrassed ciroumstances, was probabl 1y insolvent ; that, on tho 4th day of January, 1849, a lavy was ‘made by virtuo of oxe- cution on the two lots, or an exocution against Mr, King, and that both of theso lots wero bought off, Tho ovidence aleo shows that sub- sequontly Mr, Scammon- filed a oreditor's bill for the purpose of renching these lots. Mr. Richardson wos & party to that suit, and so was Mr. King, . TIE ODIECT. Now, then, from these facts snd from tho statoment of Mr., King himsol? in his deposition, Iinfor without any difllculty that Mr. King's ‘object was, if he could, to hold an interest in thoyo lots in a mauner that should enable lum sometime or other, if the time should over como when ho could assert it, to seoure such intorest, and yet not to do Anythlng that should onablo-liis creditors to gat hold of this intoroat, ‘T'hat was o very diffloult thing to do, Ho care- fully kept from thoe record suy of theso papers that showed that ho had any interest whatover inthesolots. In other words, I am sa:isfied that Mr. King's objeot and effort was to keep tho wholo thing in 80 quiet and sooura a shiapo that, if possible, ho might sometims or mnothor Lo rliowed to set up some claim to the groporzy and yot not lot anybody, asido .from the ones who exconted the papers, lnow anything about it, 50 ns not to enable his croditors to reaoh it, Now, when it i8 sald that & person who intsnds to purchase property, or is about to purclinse proporty—if he loarny that some one else has an Patont i it put upon inquiry—that ho i charged with notice of what he with dili- gonco might find out, that of course is taken subjoot to tho condition that the man who elaims this property shall imsolf bo fraulk ; that ho shall not himsolf be u;rlug to hide this proporty from evu{pndi'lu order to prevout his creditors from reaching it. But Courts of Equi- ty are undor no obligatious to take any view of testimony, or any viow of law which shall secure to any party such anend, No oagE, On the whole, Xum of the opinion that Mr, King doos not pregent a caso hers which calls upon o court of equity to make this influence in his favor., Xt cannot bo snid with any propriaty that Mr, King procacded in this mattor, as far as diligenco s concerned (and this quostion. of diligonca is important), asscon ashe gould, Mr, King and bis oreditors reprosout tha samo intorest. Ar, King cannot fall back and say ' My creditors failed to purauo their romody for twonty yours altor thoy lovied on this proporty, aud I dould not do anything as fong a8 I was afraid they could got it,” e has procoeded ns poon as Lo conld to got this pmpm-tz aud not lot his honost creditors hnve it, " Bub that i uot what is meant in law by procooding as soon as you can, I theroforo think tlus bill should be d’:!smhmed for waat of nqnltx. . Mousys, J, Atwood aid Jobm Waodhi{dgo ap-. poaved forthe complalnang, nud Mesigs, Llidvidga and Tourtollotte for Lho defondant. . 'io some plainaut prayed an ummnl, which was allowad ou glving a bond? for 1,000, “THE CHICAGO DAILY TRIBUNE: SATURDAY, MARCH. 14, 1874 PROF, PROCTOR His Third Leoturo at Kingghury Musio Hall, Discussion of the Question of Lifo in the Planets, The Distinguishing Characteristios of Morcury, Mars, Jupiter, Ete.* The Asteroids and thoe Giant Planets---Saturn and IHis Rings. The Great Chances Against the Existenco of Life Excopt on This Earth, Last Leoture fi.’his Afternoon. Prof. Proctor's third leoturoe, yostorday even- ing, was oven bettor attondod than tho procod. ing ono, and the laoturo 1iself was probably the manner in which a cortain stateof affairs in oach far-off planot was doduced from tho slight data which natronomers bad to work upon was most ingonions and entortaning. Tho lecturor nbated the speok of his delivery -somowhat, and thus thora was no roason for auy ono to complain of ot heariug or understanding every word of tha looturo, | At 8 o'cloclk Mr, Colbort announced that Prof. Proctor had consented to givosnother lecture this aftornoon,commoncing promptly it 2o'clook, Mr, Colbort, also on biohalf of the Astronomical So- cioty of Ohicago, requested all porsons who had contributed to the purchnse of tho gront talosoapo, - thoreby becoming entitlod to o place in the' Speloty, jo, givo their nomes to tho Hon. Thomas 1¥Gyno, No. 88 LaSnllo strect, or Lo him- solf at Tux TrinuNe office, The lecturo was co- pously illustrated, and seemed to bo of casy comprohension, TFollowing is & condonsed sy~ S nopsis ; INTRODUGTORY, Prof. Proctor began by stating that tho prosont leoturo was one which shall embraco tho matter of six leatures in amount, if the subjeots re- coived tho attontion which thoy doserved, In fact, Lo had beon asked to deliver this course of lectures before tho Royal Astronomical Hoclety on his return to Eovgland. Mo should doliver the course sb.ns early a time an Ermtlcablo,but he montionod the matter to show 0w inndoquately tho subjects could be trented in tho limita of a singlo lecturo, ‘Tho matter which Lo should firat tront of wan tho possibility of tho existenco of animal life in tho planets, "Ho then went ont THE INTENSE HEAT OF MERQURY. To bogln with Mereury, tho nearcst of all theso plancts fo tho sun. 'Tho foaturo which atrikes us firet in donling with Meroury is the groat Leat to which that plauet is exposed, Meroury travels on an cccontric orbit, aud is oxposod to s grantor heat from tho aun at cortain times than ot others, Morcury i8 at ono timoe much near:r tothesun than in anothor partof his yoar. The yonr ot Meroury is eighty-eight of our doys, o thab in tho courso- of oighty~ eight duys Mercury passes from s yory great loat when noarest, to a comparativoly less liont when farthest from tho sun. But, even when the sun'’s hoat is least, it is much groater than that to which our earth is exposed. Tho quantity of Lient recoivod by Morcury varics from four times to ton times what wo have, Only imogino what would happon to usif thoe sun's light and heat wera incroaged four-fold, and then extand your couception to an incroaso tou-fold. I think I neod hardly say that tho hoat in that onso wounld o 50 great that orostures such ss wo are could not oxigt ; animal lifo would bo destroyed on the ontth if thio sun wnddenly gavo out from four to lentimes as -much heat as hio nctually doos, ‘Thon, can thore bo inbabitants in Morcury ? Somo say If ouly atmospliors ware very rare ‘which surrounds Meroury, that Pplanct vould pos- sibly hava lifo thoto, Iu the Torrid Zoue, ab cortain height you rouch the enow line,and above that lino thero would soem to bo no life ; but yot it doos soom possiblo that life may exisc and dogs exist there, . But thero is ono circumstanco thatis ovar- looked in that, - In roality when you go to the bigher regions whore tho air 18 #0 rare, tho sun's rays aro not diminished, Tho air does not got warm ; it does not d;-mvnnt tho hoat from pagg ing through it ; 1t doos not get warm, and in tho shadoe tho air is cold. But in the dircet Loat of $bo sun oxpose your hand, and tho heat is mora intenso than ig mmillyl boareblo. Evon with snow aud ico oovering the mountain-tops, the face and hands are blistered by tho heat of the sun. Yo should have a more intolorablo contragt in Moroary thon in the caga of an atmosphore like our own. Thoro would be vory intenso heat undor the direot rays of the sun,” and cowpara- tive.cold in tho shadow, and lifo would be alnost unendurable to us; and if tho atmosphoro of Moere were 50 thin thore wouid Le avaporation of ull-the water, and there would bo another, coudition opposed to ours, It appears to mo that that diflioulty is sufliciently g{mnt to mako us doubt whather-lifo cou exist on orcury ; I will not sny suoh lifo as can oxist on thoonrth, but auy of tha highor forms of lite, un- der thess conditions, LISE IN OTHER WORLDS. _ Meroury is a planet waiting for tho time whon lifo may oxist on it ; when the suu's heat sball bo suficiently reduced, and tben life will bo as comfortable as it is on earth. Here we are iu- troduced to considerations of great importance in this point'of view of life in other worlds, Though lifo now exists on'the carth, there hnve hoen long successions of ages, duriug which lifa bus not beon possible ou enrth; and’ thore may be long succossions of ages, during which lifo will be tolerablo on tho planets, A planot is in- tendod to support lifo, but nog for all time, but for & small portion of the planet’s oxistenco. Now, coming tothe gravity of the pleneta, The gravity of Moreury, owing to its smallnoss, is 8o roduced that one pound would only pross as four ounces or flve ouncus ; nud hore wo are in-. troducod to a considoration of tha importance of gravity to _oursolves. Wo sometimos look on gravity and weight of matter as boing au incon- vonionca rather than otherwise, butif it wero nov for gravity wo shonld be contiuunlly at a Ioss; objeets would not stand firm, aud we shonld uu\‘;ger for want of weight, anid would bo in that difficulty which wo find in ondeavormg to walk io water boyond o certain depth, As you know, divers wishing to walk about in deep wator Liwvo honvy weights ntiached, #0 ag to keop thom- solves in placo, It ia an absolnto nocessity, theroforo, that Eruvuy should oxist, and what wo aro in lho nbit of looking upon s an inconvenience is, thereforo, in renlity, o veryimportunt part of the oartl’s egouomy, # THE OIARAOTEISTICS OF THE PLANET VENUS, But L now pass from Moreury to the next lauot, Vonud, —DBut Vonus is”too gloriously lluminated by the sun, und the application of tho tolescope {8 dienppointing. Again, we never goe Vonus under propor conditions, You nevor 8uo the wholo portion’of the luminnted surfaco, Whon Venus i noarost to tho eaxth, tho sun lies in. the enmo diraction, and thorofore Vouus turns hor durkened side aug cannot bo goon. Whon boyond the sun his brightneus obsoures her, ‘The only time Vonus can bo studied {s whon she is on the two opposite sides of hor path, and then sho is seon m{{\’gr oy a gibbous maon or u Linlf moon. We know, with rospoct to Vonus, that she, being vory much ngar to thoe sun thau the enrth is, must” hovoa groot deal moro hoat, flor hent s not uo greab a4 that of Morcury; stlll sho hag twide as_much hent a5 the oarth bas, Xu other respects Vonus is maro like the earth, Although Vouus Lins no moon, yat boing newrer thoe sun she must have tidos, and they aro baroly comparable with those that oxivt on the corth, But thore Is .one Fouulhul!y “in the condition of Vouus .ibab scoms’ vory un- favoruble to life, as wo Lnow it hore, According to tho obsorvations ot tho Italian astronomors, the oxis, mmatead of boing sloping a{. o small angle, has a large angle. Only for a short time would she hiave equal doy and night, but when tho northern pole Is toward tho sun ali tho polar parly wounld ba voutinually turned to- ward tho suu ; not morely a small part, but very uoarly hall of the planet on that side. Wheit tho soutnorn polo would be turned toward the suy, that gido woyld have a gontinual duy, and thero would bo continual ight over nowmly hulf of tho planct, Ho thoro would bo n vory grent chango in tho condition, of the planet in‘winter oud puamer, 16 {8 continual nlfiln, und aftor that oxtromely hoatod summer, T'hese vhaugos are not ugroouble Lo our ideas.of the dmuulbm oy of life. They suggoss this poesiblllly, emigra- most Intorosting of tho series thus’ far. Tho, ton. Thnt Is abaolutaly nocossary to cortaln olnesos of boings hioto on this oarth, X TILB PLANET MARS, . Mara, instosd of bolng like Vouus,in s planet that.wo oan study vory fully indood. Wo have hora tho orblts ; Tero is that of tho oarth, thoro that of Mars, A portion of tho timo tho faco of Mars Is_turnod toward the mun, and isnlao turnod toward the oarth, and thus illnminated is studied to great - advantage, You can concoivo, thoraforo, how it Iu that astronomors have boon nblo o tnko mioh picturos aa thoso of tho planet, hnving foatures resombling those of tho enith, Thero is nn_npponranco of two bright whito Lmluln At opposite wides, which have nlways oon onllad the enowy poles of Mars. Horscliol was tho first to porcoive that thoy waxed and waued in #izo, 1le notleod that tho axis was in- clined vory much like that of our carth, or rathor moro than onr earth, but-g0 noarly lko it that the snmo sort of ‘wonsons provail, Ho uoticod that whon tho summor wan in progross the polar regions scomed pmallor than in wintor, Phat tyng the first thing ta'show thint tho planot was liko our onrth, Qur snowy rogions do not cover mora -than the arctin xegions, and thoy ocenpy about tho Anmo {vmporumm a8 those of Mnars' surfaco. Sinco tha polar snows do nob oxtond furthior, thorefore the samo sort of cli~ mate {t ssomed probablo proyalled there. Olhier fopturos corrosponding to tho ldoa of thednlabi- tnnta of Mars wore noticed, Some portions have a groonlsh luo, ne though there woro ocents. Thie planot's continents, or what wo eall conti- nents, wero ruddy ; and whito surfaces some- timos goomod to form over, thoso continents or gaeans, und ta molt away durlug the day, ns if clouds woro beivg dissipated by tho nction of tho sun, DIVERSITY NETWEEN MANS AND THE XARTI, Tho theory in rolation to Mars was that it was o diso, or globo covered with n hoar frost, and having other pooulinrities differont from ours, That theory socmed to me Ao inconsigtont thaut 1 put forward mysolf, or ntlonst Isndopted, the theory that Mars is a globo like our earth whoro all similar processos take placo—rain, wind, storm, clouds, rivers, belng produced, donuda~ tion taking finuo-—uvnrythiug soomed 80 mnoh liko the oarth. —Bub then enmo thls sunoying thoory that would put Mars sltogether out of tho achomo of an Inhabited world, that it waps only covored at night by hoar frost, and that there wos averything in Mars unlike tho oarth instead of ljko it. I dotormiucd fo dostroy thot noxious theory, and I bogan an ossny to dostroy it.. DutI found ns I woot nlong that tho old thoory was na wirong a8 tho ono I adopted in itsstend, and I finished that ossay by adyo- enting tho lhoory that I intendod to destroy. T found thero was vory good roason indged to bo- liovo that Mars is in'n condition quite unlike our onrth; that it Lis o vory rare atmosphero, that 1t has an atmosphero boaring tho sano relwtion to that of this globo that tho ocouns of Mars and its continonts boar to ours, The oconns in Mars are verymuch smallor proportionately than the oceaus” on onr own earth. There is uo Pucitio thero. In fact there s mo Atlantio, You bave only ccenn comparatively small; the lands nnd eas ara intormixed, You tako tho oneo of our own- earth, ‘Lho two Amoricns form a singlo ieland; Europo, Asin, and Africa form anothor large island; and wo liavo tho ocoans around those ielauda, Thore s nothiug of thatin Mars, Yon can travel from fAny one part of Mars to another. You need not Icavo tho wos or land, aceording to vour taste, if you are an inkabitant of Mars, And then thero 1u the small gravity of the planot. If the gravi- ity of our own carth wero suddenly changed to to tho fimvlty in Mars, n pound weight would bo reduved from sixtoen to fix ounces, and the sir would be reduced in the same propoition, TIE PERIOD OF HOTATION OF MARE, Tt hnd beon shown by cortain German astrono~ mer that the poriod of rotation of Mars wia 24 hours, 37 mivutes aud 23}¢ soconds, or thero- abouts, ‘Lhon another Gormnn sstronomor, Koiser, improvod on that, and he made ths pe- riod 6f rotation 24 hours, 87 minutes, and 23 G-10 seconds, Well, then, an Baglish student of as- tronomy, one who does not vonture to call him- solf on’ pstronomor, an *English studont, Mr. Progtor, thought he would try his hand at'thia problom. [A[Rfln\nsa.j! And, to his great dig- tross, o found that hilu result was grentor than tho German's by a whole tenth of & second— that it should bo 24 hours, 37 minutes, and 22 7-10 of a sccond. Kelsor thought it noces- snry to go over Lis work and publish o paper on the subjeot—he died only & year ago. Frow his- pepor I'found e seemed to make' out his case very nccurately indeed.. Thoro was a wonderful amount of Gorman caro sud labor, many dotails; but I found, straugely enough, two mistakes. 1o culled the yoars 1700 and 1800 leap yoars, whereas wo kuow that in the Gregorian cnlendar thoy aro not loap yoars, sud that mado all tho difforanco, Aund whon that was corrected, I found my n.mori' of the planet was correct, and tho actual time 1t turnod nround-in was 24 Liours, 97 minutes, and 22 7-10 aoconds, It moy scom you uunccessary to be #o oxact, But thor is one important questi ou which may bo solved by such juformation ns that, I 3 1t hing beon found that our earth is rotating moro aud more slowly as centuries go by. The moon lifts tho trdal wave ; the tidsl wave acts as o brake, a8 it travols in n direction coutrary to thnt on which the carth travels, and slowly in- deed our enrth is losing its speod. Wo cannot measuro that chango by an ordinaty elook, bo- esuro our clocks aro 8ot by the rotation of the carth. Wo timo our clooks to tho trausit of tho stars, Iow can wo gnswer a question such as that oxcopt by Laving some true clock ? Horo 18 Mars, this small Eluucb. o pocket~-chronometer, and we.con have that chronomoter's timo, and 60 soon a8 wo linve hor timo we can compare with that our own torrestiial clogk. Thero ara ‘well-marked places on the faco of the planet,and thero is this also, that tho planet bas nothing to disturb its rotation, Tho sunis go far away that tho solar tidos do nob affcot it § it has no moon, and the occans are not suitad to the formation of o tidal wavo;; thoreforo tho chango of tho planot's xotation would be insiguificant, = The planet is o suitanlo clock for gotting ut ous earth's rotation. TILE ASTEROIDS AND TIE GIANT PLANETS, T now pass from theso planets to the astoroids, Thero ara now known 184 of these minor planots. Thero is o theory in tho books that the asteroids are produced by tho bursting of planets, 'That is not correet, ~ Observations on the orbit which would rosult from such & catasirophe completely domolieh that thoory. ; Considering the glant planets, to which I noxt {mus, wo shall feol that thoy mapy be quite unliko his carth on which wa live. Consider the enor- mouy size of Juplter. Wo are accustomed to qonsider him larger than our oarth, but it isn't wmoroly that ; ho is 1,230 times furgor, Horo is o difference alfogother too great: to b regarded ns o differanco of dogreo ; it is & diftorenca of Kind, Our concoptiony of them are’ necessarily diffor- ent, Wo should expoat it wounld be a difforont kind of body from that on which we llve, and wo fiud clear ovidenco of that as wao cousider Lim, If the atmosplhero of Jupiter wore onlf' 100 miles deep, tho pressure at tho bottom would be 80 groat tYmh tha battom atmospliero would be & million of times as donso g4 platinum, tho hoav~ jost of all the oloments, It soeme utterly im- possiblo that lifo in any sych atmosphbers could oXist; but that I8 the logitimate culculation, o prossure would be s million times a8 great ua ours, #o a4 to produce n deusity equal to that of platinum. Thero is ouo poculiarity about the planet oppoged to that ldor. Tnstond of Jupitor eing tho densest planet, it is less donso than tha earth, Ity density is ono-fourth tho .real doneity ot the oarth aud corresponds with that of tha'sun, and this sooms to give an oxplana- tion of tho difilenliy. 'T'ho groat comprossion of the sun’s attraction would make his atmosphoro denuo, butits onormous heat expands the at- mosphore, and {nstend of hoing a douse globo, wo linye o globo less donso than the earth, “Ilio satellites of Jupitor may bo. bodiow. well lighted, though not intonded to supply light to tho planet, Al the satellites cannob unupl the planat with one-sixteonth of the light which we sob from the full moon, Thoy are lluminated y the smull sun of Jupiter, whioh is but the oue-twonty-flfth part of our sun-in slzo. * TUE DING BYSTEM OF BATURN. Now to his brothor glant, the plmmt Bnturn, with his glorious ring syatem. Thoso belts on Bnturn corrospond in kind to those that oXist on Jupiter; and I might apply the argument on Jupiter to Saturn without any further argumont, ‘Thls oqudtorlal bolt of Baturn romains, during the whololong yonr of Satwrn—lasting twenty-nino yenrs of ours—oquatorizl, Now tho axis of Hatura 16 inclined very much ag the oarth's axis is inclined, but tho equatorial belt nover shifts, following tho sun as ours does, along the nohH)A tlo, It sooms by iis position to show - that It is Rrudncud by-n force residing in the planet itsclf Now thore i8 ‘ono argument derived from tho ving of .Saturn, ‘lhowo riugs have boon doseribod by Drowster as glorlous — bodios rolleoting on Butupn, and ynaking = up for wuant of’ the sun. Instead of =~ doing that, those riugs out off the wunshine, When the wintor of part of tho planet is in progross, and whon more light is wanted, the ring guts off tho light, Ho, it wo are to argus from cnusation, if wo are to say the Almighty in- tondad that to b the nboda af light, wo liave at onee an enormous difilculty brought Lefora uy. Instond of tho thing. bcln¥ well-devised, it sooms ill-dovised, It oewia as It the ouly Hmo the 1 fl; rofloctod light wad whon it was not wanted, and whon it was wanted tho ring’ oxme and ous off a great past of tho sun's lqflu. and it doos uot out it off for a shortthne, but for olght and ® half- {numnuurtnhl_l‘mmou of - suplight in cut oft, and for six of thouo yeays the whole of tho sunlight iu out off by it 3 % BATURN AND 7TITAN, tho eatolliten of Matarn Is called " The I&gout of -Titan, and ia cortainly latger than Morour: 1 ek WL o pimaotion 0 the scono whick tha planot Baturn presonts to ita fubabitanta! It doos soom as thms;h a Beono of such wondorful henuty was not intended to romain without apoctators, 1t prosonts through tho tolescope tha moat bonutiful colors, the most wonderfnl symmetery,—all presented to the in- Libitants, I Inhabitants thors bo, Now a fow words romain to mio on tho gonornl auostion of lifo in tho solar systom, f must confoes the moro I study tho matter I hm con- vincod wo are not bound, in grder to roconcilons to the Almlghty’s work, {o adopt tho theory that all or any considerablo portion of tho planets are Inhabited, Wo look back at the past history of the anrth, and wo find that the Creator is, in ouroyos, wastoful of His powors, though In- nnnr oan nover bo wasted, Ho, in_tho question of timo thore haa boon no ppecial care to make avall of overy Instautor {hia oxistonon of the dif- foront worlds. Wo find that for millions of yonrs back our world was uninhablted, and wo 8o, in rogard to future conditions, that oven though thero should ngt bo dostruction from {lro, life will probably by other causcs pnss Bway from tho earth. 8o, far from consideting that overy mombor of tho solar family must bo (nhabited st tho Qrouut time, tho choncos raally aro mitl- lons to one against any spacial planct being fn— habited, becauso the timo it has boen inhabited if judgod in anatomy with our own oarth, mugh bo's very, very small part of tho whols t\ma in which'tho platot oxiaty. - THE COURTS. How splondid must CGrow's West 8ide - Opera-House in Litigation, The Confiding.Ownor Fears To Will Bo Defraudod of HMis Proporty. Mrs. McMahon Requested to State Where Her Child 1s. Judgments and New Suits. 8200,000 coxTrACT. * Nathon 8, Grow, owner of Grow's Opera-Hall and Bishop's Court Hotal, filod & bill yeatorday” in tho Buporior Court relating the dificnlty he bad in attorpting to diepose of thoso pieces of proporty, Ho states that on the 11thof Septom- bor ho.was ‘tho owner of the proportyon tho northonst corner of Madison and Sholdon atreots, 75 foot on the'former by 116 faot on Sholdon ' siroot, worth $100,000, but subject to anin- oumbrance for $35,000. Ho nlso owned tho northeast corner of Bishop court and West Madi- Bon street, 76 by 125 foot, of tho same value, and ° having a eimilar’ incumbrance, Jobn L. Line coln, who was acting s complninant's agent, camo to ' him on the sbove-mentioned day and reprasonted that ho had found n person who would purchase tho property just-desoribod on vory desirablotorms, Complainant, boing willing, was futraduced to ono, John' A, Bartlott, and n writton ngreomont was mado by which Grow was to soll' both picoos of property mentioned to Bartlett, rocciving tlierofor 100 aares in the Lai= mon and Knight pieco o called, whioh was rap- rosontod by Lincolu to bo worth §1,160 sn acre, but subjoct to a mortgage for 30,000 ; also 810,000 of stock at its par value iu Illinois Liguid, Fuel and Iluminating Company's stock, $10,000 of stock nt par in "Missouri Fuel and It~ luminatiog Company's stock, $15,000 in tho Now York City Contral Underground Railway Qom pany firtt~mortgage cortificates, and $10,000 cash whon tho doodd were dolivored. Each party was within ninoty daya to furnish nbstracts of titla and to Do ontitled to doods when he had porformed his .part of the agreement, or to declaro the ocontract _ void it ‘tho ocoveunpts wore not porformed within 100 daya, Ou the 21st of October, com~ plainant boing dosirous of leaving the city for a time, and wishing to get somo money,: made a uow agreoment by which ho consented "to dood tho property on Bholdon and Madison stroets to Dartlett, tho deed to ba given to Liuvoln, in escrow, on Bartiott's paying $4,000 cash and cor- taiu incumbrancos on the property amounting to §5,000 moro. The docd was made, but Bartlott rofused to pay tho 84,000 unless Grow would agreo to giva tho doed’ to him absolutoly, aund also mako some other concessions, Grow was anxious to loava, and was compelled to sign tho agreoment as proposed, and go. Oun-his roturn, hio was astonished to lemm that Bartlott Lo noither paid the ©4,000, nor liquidated the in— cumbranges, uud oxcused himuelf by saying bo could not do it until je. had obtained. funda by selling tho proporty, On tho bih of -March, Bartlott, having con- tinually rofused to carry out his ngroemont, Grow gave him notice thint ho would cancel tho contracts unless thoy woro carrled out immo-- diately, and that' tho doed in Lincoln’s hands should bo given up, On -the same day com- plainant made a formal demaud on Bartlott, and also asked Lincolu to surrondar the deed, which waa rofused, Complainant assorts ho hus always been rondy and willing to_corry out lus agroo- | ment, aud has sustainod danages by Bartlott’s non-performenas to tho amouut of §20,000. Sinca tho making of tho contracts o has also learned that Livcoln was privatoly working in Dartlott’s intereats, and was intonding to_have an intorost in tho proporty if convoyed. Ho also charges that neither Bartlott nor Lincolu had or Liave any titlo to the lands proposed to bo cou- voyed, uor have thoy suflicient funds to pay him s agroed, but thoy oxpectod to got control of lua property, and thon soll it and pay him. Nono of the stocks aud martgages, if thare are auy of such charncter which ware tohe paid him, are worth anything, and never have beon owned Dy the dofondants. Complainaut, therofore, asks that the two agreoments and Lho deed mado to Bartlott m‘:f' nll be declared to Lo frandulent and void, and delivered = up bim; that Lincoln may Do ovjolned from giving the deed to Bartlott; and that both may Do restrained from in any way Interfering with his property or clouding his title. The injunction \\':angrnn!ad by Judgo Moora undor & boud tor THE M'MATON TROUDLEA AGAIN. | AMrs, Barbara MoMahon, baving succecded in hor late bill for & divorco,: has beon made do- fendant, and is summoned to toll wheve Ler ohild is. Buckner 8. Moaris filed & petition in tho Suporior Conrt against hor, stating that, by order of Court when Barbara obtained & do- creo from her formor husbaud, Owen J. Rose, their obild Auvgels was piaced in hin (potitioner's) care. and custody. Lihn lhaa latoly boen at the Saint Xavier's Acade amy, on Wabash avenue, but about ten days ago disappeared, taking her trunk with her. Judgo Morris thinks sho has gone to hor mother’s, and this being contrary to tho order of tho Court, and, o ho charges, to tho girl's dotrimont, Lo filed writ of hzbens corpus returnablo imme- dintely, Tho writ was issucd by tho- order of Judge Mooro, . K THE CHENEY CASE. Mr, Judd way sufforing from an ecoleainstical Ayspopain, ariping from o surfoit of -(he ohurol futhers, and the argument beforo Judge Willinms wus postponod “yosterdsy uutil Mounday. In anothor column will bo found tho momorinl of Bishop Cheney to the Episcopal Goneral Convention after Lis alleged _doposis tron, -ottompt. . was ~ made oo tho present trial to have this memorisl rend, but Judye Willisms excluded it on tha ground that it had novor yot boon logally publislied, awd it 18 givou now ouly after- ropeutedly wsoliciting it from M, Fuiler, Ti NORTH NOON, s Busan 8. Browne filud & bill yostordey in tho Suporior Cout against Joln MCCarthy aud Rioke ard ‘', Race to provent a sale nnder u’ trust deed, Complainant states that sha is the owner of Lot 23 Blook 10, of tho original subdivision sub- Ject to a h'un[\ decd for &2,000 to uald BleCoarthy, The notes, - to secura which trust-docd was made and ' exccutod puyable to tho order of complainant's husband, “and by him indorsed to McCarthy. —Complalnaut has slnce akcortaingd that o judgmout was outstand- ing ngoiust MoCarthy whon the deed to hor was given, nud houce she has not a oloar titlo, and oannot procuro A loan on the proporty, She and lier husband and #aid Raco havo obtained s judg- mont againgt MoCarthy for %100, Tho Inttor how advertived the promiscs for snle for non-pay- ment _of 10 unotes, and complninaut filed hor bBIl to proveut this, alleging that MoCarthy s ~ ineolvout and . can- nat socure Ler from damagos by reason of any failuro of warranty ;_that, morcover, the nolas bolug oxacnted bx' ber, n marriod wowman, are’ab- wolutely vold, and the trust deod not having hor husbaud's slgnatuve, in also invalid, - In addi- tiou, the unlo ju advortisgd to take place at the now Contl-touse, whon'tho pleoe “iutended by the desd is tho old slto, In'viow of all thowo dilioulies, sn ivjunction is ankod, which wes rantod by Judgo J 530000. 'y Judge Jameson, tho bond bolng fixed 1rrME, JTudgo Farwoll will call Lo-dny from Q01 to 920, Tho othor Judges will not have any call, T'ho cnea of Culbiertsion againgt Lyon will be mgoré up, I(‘n Judgn;firfiu‘; m%m Monday, “Judgo Rogers will hehr submitted propor notico has boen given, - ‘en_u:m nhace UNITED ATATLA COUnTA, Josaph I. Payson, Assiguce, oto,, A suit ngalnst J, 8, Barnos, laying 10,000, R commonced damagoes af DANKRUPTOY ITEMB, In tho mattor of Torenco MoGuire, R, B, Jonkins was appointed provislonal Assignoo, g ruon gounr v Dzt Py g0 G. Popo_bogan & sult agalnst Jo Fordyco and G, IJ: Bonnott for &6,000. b Samual P. Oolt bronglt n auit In attnchment ;‘gnlnnt Bonjamin M, Whits, Goorgo A. Da ['roitas and Charles L. l!uth'znnu, laying dam- agos at 94,000, Ldwin Loo Brown sucd Asahol Plereo for Ttiohard Mason brought sult for 61,000 againat Enow Ayros and J. 1T, Lolf. St The Tomington Howing-Machino Company branfiht on actlon in attachmont ngafnst tho Emplio Sowing-Machlue Company for $1,120, OUIOUIT COURT. Jobn M. Waito began n suit In_attachmong against the Livorpool, London & Globo Insur- anco Company, claiming $7,020.82, on two poli- cles of insurauco, ' s ll\a%)anud & Roo sued John Prico & Co, for ,000, counTr count. Tho Kramor Brothers presonted a clafm of 309,97 against tho estato of. Oharles Waguner, which was allowed. "Cho estato of Heory Lamport was declared ine solvent and the admmlstrator dlucharged. Sorenton Counr—Junar Guni—11, T, Kollagy et AnY—I, 1T, ol v, Alineon G. Banford, $390.04,—1lenry M. Llogker . Williom Edmonds, $193.97, i . Otnourx : Oounr—unay Koazns-—Phtlotus W, antes, . I 3 n Al H | £h000, Moilon ‘i‘?fl?a"g(; ‘{,‘E‘l{'m : mRLE) v M'l uDoE 1) 3 g R ;’ufi.“‘— n :Coy ot al, v, Houry Buck~ MARK LAN. What Is to e Scen in the Warlite Greatost Grain Markote From the London City Press, Yot ua go along Lombard strect and plunge into Fonel hurch stroet, what a world of commor- cinl entorpriug opens on us! Lab us oxplore tho mystorios of Mark lano.- Not a farmer in tho laud but has heard of Mark Inno, Far DWRY une dza—n Atlantic and across the continents,’ where'mon _spesk not in our tongue, nor bolievo in our creeds, nor worship our 0r008, Meon nre sad or. joytul, foel thomselves rich or poor, aa tho lulagrnlil.[n brlnqu to them the Intost quotations from atk lano, Thoro ‘aro trndesmen's shops in Mark- lano, wine morchnnts and Erlnu\ra and stationers do husipess thero, nt to tho farmers nnd millors nud corn morchants and _malsters. Mark lano only reprosents ouo iden, and that in tho trado in! grain, Ihslalstoa of Mark lano may soon bo told. Originally the corn dealera of tho motrop-' oils agsomblod ot n place called Boar Quay, whoro now the Custom-House stauds. There thoy met in a coffec-honse (the Ship, I believe), ‘Ihonca thoy moved to the Corn Exclinnge in *Mark lane, which was erected in 1749, Tho building is pris vate proparty, and themonoy was raised in oighty £100 sharos, each shara in {imo being worth a8 much as £2,000. A yoaror two sinco an ack of DTarlinmont wos obtained, and tho marlet i8 now held by 800 owners of £200 shares. Old Mark lano consists of an open dorio colonnade within which the - factors lava thoir stands. At this time thore are nhout sov- enty-two stands, nnd more than 200 eubscribdra of fiva guinons each. TFor the stouds a rental is poid of from £30 to .£60 a yoar. Ak one timotha placo was o close borough; thero were more face tors than thore was room ior, and whon a stand wus vaount it was given Lo somo propriotor, Tho oxcluded wora of courso indignant ; thoy planted themgelvos in Mark Lano ; they did busiuess in tho streot outeida tho Exchange ; they vied in respectanility with “tho privileged, and doter~ mined not to bo left out i the cold. > According- ly, they wout to Parliamont, - and got leavo to oract o second Exchange, side by mdo with tho old one, This pecoud créction was come pleted in 1826, In the partition are a couple of arches, in order that it at any timo the.ox- changes wore amalgamated, the whoto may ba formed into ono capacious markot. Tho now Exchange lns & cantral Grocian - Doric portico, surmounded by imperial arms and agricultural emblems. Now tho groat morchauts sticit to tho old markot, tbo small buyers patronize the now. At tho furthor end of this building is a secd market. Attachod to tho new Eschango.is an hotel, and in an uppoer raom of whioh thero ara auctions of domnged cargoos, In tho old Eix change, or rathor above it, in a subsoription refroshment room, known as Jack's, whore ell tho flour is sold, At & o'clock ou n Moniday aftor- noon the place i crammed with millers and balkors, Intheso days of frae trade forcignors abound in the markat, especinlly Grocks, who' all do husineas togathier in the neighborhood of Finsbury squarp, and seom to bo gotting all tho forcign trade of tho country into their banda. I suppose thoy mako a gront deal of monoy, these pale-faced foreignors,. If you go into their ohurch iu London Wall on a Sunduy morning you_ will see thoir womon-folks all dreaged liko Duchesses, aud_as docorously and gonteelly dovout, It is tho Greoks, not tho Eu- glish, who buy up tho corn shipped from the orts of tho “Black Ses, and pour it into tho Buglish markats. Many senfaring mon are also to bo mot with waiting to heat if their car- Foos ara uold, and where thog aro to ho Jundeg. I'ho destination of somo of “those ships muy bo Leith, or Gluugow. or Livorpool, or Dub- lin, “or Belfast, In London itwlt’ thoro ia 8 pratty fair demand for breadstufls all the yonr round, aud most of it js brought-to Loudon by wator, and if tho Londonor eats ko drinks” a8 much; and it {8 at Mark Lane hat tho malt of which his beor and porter ia made I8 chlofly sold. Loudon is nlso renowned for its horsomon, and it i3 at Mark Inno thet tho large denler gots bis oats, Mouday, Wodnos- dny, aud Friduy “are market days. It ls, how- ovor, on Mondays that Mark lsue is innll its glory, and that you rub shoulders with distin- gnishied representativos of the agrienltural dis- trlets in general andof Zant Anglin iv particular. As you entor you find cach factor at his stand, and beforo him are specimons of his waies, suclt od wheat, malr, barley, oats, ludian corn, oil- cuke, oo, ‘I'he buyck comes up, seleots n fow seeds, shakos them in his haud, puts a fow in hia mouth, nud asks tho prico. If he doe clines, ho passes on to repoat tho oporativn elsewhero, Mostly, fow words are wastod ; but I observed no one, whethor buyor or soller, cun pass a seand without holping Limself to u fow gralns and putting thom in Lia month, whilo bo #ealters tho rest on tho floor; tho rosult is, that by tho time the mavket is over the placo is liter- nflv covared with grain, and the sweeplugs bring in o very handsome sum iu the canrsy of a yenr, which sum is devoted to the Corn Exchange Do« novolont Soclety, A goad deal of ohaff goes o and people darf hithor aud thither in aud oul tho crowd, oy thoy may seo n friend or some ono with whom thoy may wish. to. do busi- ness, There I8 a peeuline physiology about all the TLondon merkets, In Mark Inne you may fancy yourself almpst in Arcadia. 1t is tho Buifolk drawl that is chiefly conspicu- ous, Mm:{ of tho men aro fat and rd-fucord, ag if thoy kind plonty of good nir, aud food, aud cxe oreiyoi they always complain, of course, but novertheloss they don't soem to take muchharm, 'The London faciors aro of tha- town towny, but thoy are but a drop in tho buokat of huwmanity toiling around, black swans, rara_aves, or what youwill. Tho monof Essox and Keut have po- culinr priviloges. It issaid they continued to supply the city when It was ravaged vy the plaguo, and Londou poople ara i;mtuful, an rlelt in thoir manifestations of it. A farthing is inld by the city to the Caplain of overy Kont or usox barge that brings up flour, 2 —— Death in un OChurch, Mr. Arthus MoMaster, ono. of the cangrega~ tion prowout at the Bt. Jamos Btreot Wosloyan Churoh, in Montronl, ou Sundsy evoning last, suddenly smik down in Als pew, in what was sup- posed to bo a fuint. Ho was oarriod out into tho vostry, and nibdival attondance saltod for by the minister, Drs. Bossoy and Nlchol, who wore in the church, responding to the call, Dr, Bessoy at ongo pronounced lifo to bo oxtinet, aud bos lioved that donth hud taken place almost instans tancously from_stoppnge of the heart's action, Blr. MoMaster hind beon well all the day, und in the aftornoon had walked from hls homé to Ruse soll 1fall, and in tho evening tochureh, where hin doath ocourred, 1o was hoard to_ romark about 5 g'vlook i tho afternoon that ho hnd never felt better since Lo had beon in Montreal: ''he de~ consed waa tho brother of tho llon, Willinn Mes Master, of Toronto, Pronidont of tho Canadian Bank of Commerco, sud the fathor of dr. W, J. MoMustor, of - Mantreal, wholesalo * morchmit. Alo was wged 70 yoars, und cawe originelly from Ircland, # —_— .A Fomalo Ooulists Migs Olara B, Plimptan, of Boston, rocolyed & diplowa 4t tho commoncomont of the Qphthal mis l]oulntn\ In thiy city last night, tho’ Prosls dont statiug that: vho' was the unl{ woman wha ovor rocelveldl a diploma from that hospltal, angd tho only ano in the Unitod Statos who possossed # diploma for thelr spevialtios,