Chicago Daily Tribune Newspaper, January 19, 1879, Page 12

1 THE CHICAGO TRIBUNE: SUNDAY, JANUARY 19, 1879—SIXTEEN - PAGES. SPORTING. THE TURF. THE CHICAGO TEOTTING MEETING. Col. Conle, of the Chicago Jockey and Trot- ting Club, Las received a letter from Col. Rich- ard West, of Kentucky, inrelation to the recent mceting of turfmen at Toledo for the purpose of forming a Great Western Circuit. At that meeting Columbus was assigued the dates for its trotting meeting already daimed by Chicazo, but 2oy clashing of interests will be avoided by the fact that President Edwards, of the Cleve- Jand Club, on behalf of that Association, bas +aid that it will postpone its meeting one week rom the dates nlready claimed. This arrange- ment will place Chicazoin a better position than ever, since the meeting here will occur between ke closing of the Great Western Circuit aud 1ke commencement of tke Grand Central, which includes Cleveland, Builalo, Rochester, Utica., ete. 1t is understood that the Chicago Club will consent to the change, and the dates of the different meetings, therefore, will be as follows: Cotumbas, July 15 to 183 Chicazo, July 22 to 25; Cleveland, July 29 to Aug. 1; Buffalo, Aug. 8§ 10-12; all inclusive. SOME ERRORS CORRECTED. In the current number of Turf, Fidd, and Farm sppears what purports to be a complete Lstof all horses that bare trotted in 2:30 or better on the American turt, with the record of each. The preparation of suck s list. although iovelving a certain amount of labor, isa work cupabie of being performed by any persom of ordinary intellizence, since conying is the prin- @pal feature of it. For several years the Spirit or the Times has published a list of 2:30 horses, £nd Jagt year .Wal'ace's Month'y compiled ove. Initsissue of Nov. 2, 1878, the Spirit pub- Jiched the names of all horses that had dropped into the 2:86 Jist Quring last season. . With this list in band, and the lists of previous years be- fore bim, the Tuyf man had nothing more cificult to do then sarrange the Dnames aljhabetically and sttach the proper yecords. But even this simple labor was performed in such a blundering manner that the Taces of tarfites ail over the country have been ou 4 broad erin ever since the Zury?s remarka- bic table was published. A glanceat it will suf- ticeto show errors of the most astounding de- Ecription regarding the records of horses that lizve a national celcbrity. For instance, the v 10 Chicago horses that have recently ob- ined iast recorde—Boneserter and Jennie Hol- —are credited with wrong fizures, Boneset- record of 2:2 being changed to 2:20%, and Jeanie Holton’s of 310 2:2217. Other equal- 1y ludicrons and isexcusable mistakes occur with startlive Srequency. There are not so uy Lorses that have trotted in 2:18){ but that tireir names can be counted on the fingers of one’s hapd, and yet the Turf bas added to tbe list the bay mare Croxie. Where she obtained this 2:18}f rccord the man that copstructed that extraordinary lit cam perbaps tell, but it is certain thut no one clse can. So far as the public :ows, her bestrecord i52:19%,—s good enouzh one for any horse. But even the poor excuse of arecent performance caonct be put forward in the case of such ola-timers as Heory (retired), whose record of 2:201¢, made years ago, is given 2 : Jobm H., who is credited with in- etead of 2:715 Powers, 2:20 instead of 2:21; and Valtaire, one of the best-known horses in the country, who is placed in the 2:23 class, when everybody knews that in 1877 he obtained a reeord of 2:21%. To point out all the crrors in the Zury’s list would be an almost endless task, but, s a matter of reference, and affording ma- terial for a bearty laush at any time, some of the more conspicuous and inexcusable ones are tabulated as follows: 4 Turfen record. 3 Correct record. YLewScott.. Lucille Powers Tolhaire. Editorially, the Zurf says: *‘If any one de- tects an error in the table, we will thauk him to scquaint us with the fact.” Although THE TrIpUNE has detected several important errors (aut to menpiion such trifliny ones as calling Dexter s chestnut celding, Carric K. a bay mare, ZTuvoy a bay stallion, and Goldleaf a chestnut miare). it dces expect to be thanked. but, on the contrary, is pretty certsin to receive abuse. Still. it corrects tbe errors in the Z'ury’s table. and bas compiled the following one for the bene- fit of its own readers. 1t includes the names of 1l ho that have trotted in 2:22 or better: Raroa. Goldennth Maida Topeful. Lula. -Smugeler. Lucitle Golddust. -Amencan Girl g2 —Occident. 7—Gloster. 71{—Dexter. 18"Juage Fullerton, Great Eastern, Edwin rest, Tied Clond, Netiie, 1,—Midnight, Lady Msud, Lady Thorne, 4~—Col. Lewis, Slow-Go. ZAlbemarle, Cozelte, Edward, Dick Swivel- 124 9y —Comee, Croxie, Hannis, George Palmer, . Proteize. —1homas L. Younz. Celaide, Flora Temple, Camors. 0—Fleetr Golddust, Frank,,Little Fred, Mackett, Mambrino Gift, Prospero, Moy n, Lonesetter. ra Murtha Washington, 024—ilenty, Bonesetter. Sam Purdy, Gov. Sprague. luntress. Mountain Boy, Lysender Bo L-Banquo, Castle Loy, Cleientine, Gaze 4. Gardeld, Gen. G King Poilip, Ind May bird, Scott's Thomar, White Stock- ie, Lucilie, Powers, Joan H. Kansas Chicf, Hambletonisn Mambrino, ire. 1L Abbotsford, Jay Gould, Music, Richard, Woodsord Mambrino. 2;—3olsey. Rosalind. ella, Blackbird, Georze ¢5, Joc Brown, 3Mvetic, Mollie Morris, Silver- ¢ides, Little Gypeey, Ozkland Maid, Jennie Hol- on. Mazo- THE FLEETWOOD PARK OUTRAGE. In calling attention at various times to the louse and sometimes shameful manver in which tie sffadrs of the Nationul Association were cunducted by the few individuals who scem to run that organization exdusively for the benefit of themsclves and a few personal friends, Tug IR1BUNE has more than ouce bad orcasion to allude to the now somewhat celebrated case of AL J. SlcKimmin, driver of the stulliop Bladl Wood, Jr., vs. “Major” Gates Barnard, who in 1577 bad control of Fleetwood Park, when that trackedefaulted in the payment of prewmiums won by different horses. *“Major” Barnard ad- vertiscd a meeting to be held at Flectwood Park, aud among the other entries was that of Blackwood, Jr., who, in his race, won $500 miore than the entrance fee which had been paid. Mr. McKimmin succceded in_recov- erinw from the cluwches of the ajor” his entrance money, bat was compelled to whis- 1le for the other 500 which his horse had won, At the same mecting there were a number of ‘entries for which the money was not paid, and these horses were promptly. suspended by Barperd. As the rules-of the National Assoti; tion also provide that memberS defauliing the payment of purses are subject to expuision, Mr. McKinmin, soon after the meeting at which he was gouged out of his money, notified Secretary Vail of the facts in thc case, and re- quested that the usual course be taken. In- stezd of atiending to the case of Mr. McKimmin as he should have done, Mr. Vail scemsto have deliberately neglected it, and when tbe case finally came belore the Board of Apoesls early in 1578 there was an immense amount of Lemming and hawing, because *‘Major” Barnard was at thst time a member of the Bouard, and “a very elegant rentleman, begad ™5 une whom it would never o to trust to the same kind of justice that would unhesitatingly be administered to 2 driver, or 2 Western_ track-manager, by this same Board. 8o Mr. McKimmin's petition for {ustice was solemnly filed away in Secretar vail’s office, and * the Major ”* 101d to go aheas and collect the money duc him for unpuid en- trance, if he could, and in the meantime Mr. McKimmin must be patient, and wait. If “the Major ' collected money envugh from the horse- men which he bad used the machinery of the XNational Association to expel, e would pay the other horsemen who bad been swicdled out of the purses won by them, but in the meantime thie Major ”’ must vot be expclled; ob, no! Belng the best he could get, Mr. McKimmin accented this cold comfort and went back to Tennessce to wait the imperial pleasure of the great Board. At the recemt mcetine of the Buard of Review he was_on hand again {o see if ustice could be obtained, but Ar. Vail was also 1bere, and proceeded to snub and bulldoze tbe Tennessee farmer so thoroughly that he went ‘home again, not- only without having sccured the money which belonged to him, buteven without the poor satisfaction of knowing that the maa who had kept him oat of it was pun- ished by expulston from the Asso.ation whose rulvs he bad so shamelessly violated. Bur, although twice snubbed and browbeaten, Mr. McKimmin does not propose to be put down, but asserts that he will continue to keep the shameful record of the Board in his case before the public until some kind of justice is meted out to the guilty parties. Unlike most 1zen of his class, he c¢an write about as garcastic a letter as anybody, and his latest contribution 1o the literature ui the case is a gem in its way, and shows up the Beard and its Secretary in o light that must make the individuals composing it feel exceedingly cheap. Among other things, he says: One jeatare of this Court, T must confess, etruck me asanovel one. and the defaulters and delin- uents who frequent this fount of justice shovld feel thanafal that they have ench an adrocate ““near the throne.” 1alinde to Mr. Vail's defense of Bamard. Why, this wise man from Hartford made aspecch as longas the longest fence-rail in Tennessee in bis favor. He (Iarnard) was only sn_emplose of the Dater Brothers: to hear 1, Barnard waa a poor, bard-working man. laboring for daly bread; name not known in the marter of all: onc of the hard-handed sons of 101, that was rather tobe encouraged than censured. T wost confess that I was sstonished. Mr. Vo wound up his remarks by sa¥ing to tne Court that *+ you ean's touch Alr. }i!dllnll i You 'gllilndl%rb: l‘ s ws, wouldn't you, to sus 5 o e the ‘Cleveland Clab fail ot any fatare time to pay its premiums. . Now. Idon't knu‘" ll‘mw it is io Connecticut, that 1and of wooden nutsaegs and hickory bacon hams, but down here in Teanessce, should 3 cerk of & Court presume to diciate, or even intimate to a Tribunal what their course should be, he would be told politely to **&it_dosn, Smith; eitcown." In my rural enmplicity, I presumed Mr. Yail to be a clerk of the court until Fattended the meeting at {he Fifth Avenue flotel. Then I found out how jnnocently ignorant I had been, and got an-inkling of *-how they do things'to Uartford,” The facts That 1 uropose to keep beiore the publicin this case are simply these: This man Barnard, instesd of boine an employe, comes boldly and heroically to the front and advertises a trofting meeting, sizns bimself G. H. Darnard, President, manages the whole thing himeelf, and I defy even this *‘iwise Taan from Hartford ” to show where any one _cven shares the responsibility with lim, The meetini came off and he failed 1o pay me S500 that I bas Won. 1 aeked the Board 1o suepend President 1. for non-payment, and they have failed to do it Now, if any member of that Board will_show me 2ny sbadow of law'that authorizes " pend Fleetwood Park that is not equally applicable 10 the President thereof, I would take it as & per- eonal favor if he would call my atiention to it, for I most confees that I have failed to see it. I mean 1aw in existence at the time of the officuse. But eappose Mr. Vail's defense had any fonnda. tion; in fact. suppose he (Barnard) Lad been empioye, by assuming the whole responsivility, signing himsel! President, he stands instecd of his empioyers, and. must be held accountable for his own crniminal acts, for the Dater Brothers were never knownin this_matter until it went to the Board of Appeals. Bot, in eitber case, he (Mr. PBarnard) should be suspended, whether 2s Presi- dent or as embloye, for he has failed to pay his dents of honor, for any cebt that is not collectable Dby Jaw is a debt of honor, and cannot be otherwise looked upon. ‘The writer of this stood on tke very same ground that Mr. B. claims to stand on. ¥ was employed to drive a horsc owned by Mr. Jacob Zell, of Nash- Sille, Teon. Had I failed to pay hia entrance, coutd 1 bave the plea that I did not'own rhe horse. and conld ot be suspended for itsdebts? The cases are precisely alike. 1 was the only party known on the part of the horge. BIr. B. was the only purty known on the part of tne track, ang I simply ask for him that justice which would have been dealt out to me.” TRACE TALE. More than 1,000 horses have records of 2:30 or better. Thomas Puryear will train Spendthrift, re- cently purchaséd by Jim Eeene. Col. C. Y. Woolley, President of the National Trotting Association, has gone ona pleasure trip to Florida. An attempt was made recently to sboot Al- cock, the assistant trainer at George Lorillard’s stables, Islip, L. L Charlie Mac, record 2:25, has been purchased by A. M. Reynolds, of New York, for the re- ported price of £G,000. Col. A. L. Snowden, Philadelphia Portmaster, has purchased for road use tle chestnut geld- ing J. G. Morrill, record 2:29. The Jowa team, Rezent and mate, that can trot in about 2:40, was sold last week toaMr. Crosby, of this city, for §2,100. William Sargent, who bought out 8t. Julian, will have charze next season of the Orange County stallion Fortune, that is reported to be wonderfully fast. . Sanford is opposed to free entrance races on the ruoning turf, and says that it is 1akea advaniaze of by some owners as acheap ethod of tryine colts and céucating Jjockey. 3C: L. P. McGrath, well-known on the running turf, has returned to his lomé in Kentucky from 2 visit to_the Hot Springs, greatly Improved in heaith. He bas quite a stable of thoroughbreds in training for the coming season. Mr. William L. Beck, the well-known trainer of this city, never shirks bis duty, even fn the 1most severe weather. He had Carrie K. out for her usual joz last Friday, hitched to a skeleton wazon, although the snow was up to the hubs of the vehicle. ._Under the head of English Turf Statistics,” the Sportsman says: *We resret to hear that the Eurl of Jersey sustained severe injuries to tke face wiile skating at Middleton Park, Bices- ter, Oxfordshire, Eve.’? If race-horses will skate they must take the consequences. John Hyland, who trained and rodein steeple- chases for . Brown, of Baluimore, last sca- son, will take charge of Nelson & Co.’s horses at Jerome Park soon. James Rowe, who rode Harry Bassett in nearly all his races, will train for Dwyer Brothets during the coming season. ‘The events now open for the spring meeting of the Maryland Jockey Club, and which_close March 1, are the Rascocus baudieap, the Vernal sweg%amkcs. and the Peyton handicap stakes, The Breckenridge stakes, 10 be run st the fall meeting, and the Dixie stakes, for 1880, close at the same time. ‘the yearline brother to Batheate at Belle Meade bas been named Barrett, after tne cele- brated jocker. Ballast is the name of the broth- erto Bayard and Bombast, aud the sister to Balance All is called Bran Dance. Onc of the fillies is nemed Bernardine, in comphment to the Sister of Merey of that name, who assisted the vellow-fever sufferers so well during the late plague. The four regular evemts of the American Jocksy Club witl close as usual, March 1. They comprise the Fordham handicap, one mile and a quarter; the Westchester Cup, two milesand a quarter; theJockey Club_handicap. two miles; and the Juvenile stakes, half a mile. The first three are for all ages, and the last for 2-year- olds. The added money for the four races amounts to $2,708. During the recent seasoa of sleizhing in New York Robert Bonuer’s noted trotters were all out, and Alley Bonner, behind Musie, and Ed- ward Bonner, behind May Bird, bad a most ex- citing contest on Jerome avenue. The frst brush resuited in about an even thing, although May Bird carried two. Thiswas reversed at the sccond brush, wheo Music carried two persons and May Bird unlg her driver, Edward Bonner, and from the club house stoop it was thought arg\-gzu-d. had the best of it to the bridge in this rush. \ _ FROM ABROAD. ‘The Duke of Magenta ia rapidly recovering English raciog statistics show that 862 colts and 924 iillies were reported as having been foaled last year. The returns of brood mares Show 2,255 The German Government recently paid Count LaGrange $30,000 for Chamont that won the 2,000 guineas in 1577, with the American horse, Brown Prince, sccond, and was alterwards first favorite for the Derby, in which race he failed to get a place. W. Arnull, Newmarket, has the following horses, the ;{mpmy of Mr. M. H. Sanford, in bis charge. With the exception of Requital they are all American bred: Miss Ward, Ultra, Requital, Tuvalid, North Eikhorn, Mirth, Early, Aristocrat, Fine., Sporting Character—**"Ere's a pretty go, Bill! See this 'ere book? It's called ‘A Life of Pe- trarch,’ the very oss as me and you’s bin a layin of our money on so free! And blowed if T bin an’ giv *arf-a-crown for 1t?” ¢ Well, wh: then?®" “Why, its ail about a bloomin’ poet!* —Punch. ‘The principal part of this year’s foals bred at the Haras de Chamant has been acguired by Mr. Hume Webster of the Cobbam Stud. TLord Lascelles has entered into an arrangement with M. Lelevre for the purchase of the pick of his yearlings, aud they have already left the Haras Iar Matthew Dawson's establishment at New- market, his lordsbip baving leased, as a guid pro quo, his unlucky horse AMousquetaire. The following table shows the number ol Thorses of different ages that have run in Great Britain tor the past {ive years: | Five Four. and orer. 363 354 396 308 390 918 330 321 291 On the day before Christmas books were opened at Tattersall’s, on the Derby, the follow- ing bets being registered: 500 to 100 against Peter (taken); 9 tol aguinst Falmouth (offered); 1.000 to 80 arainst Candogan (taken): 1,000 to $0 amainst Rayon @'Or (taken). Peter, the favorite, is by Hermit, out of Lady Masbam. Last vear he won the Bopelu].'Rous Memorial; ana Middle Park Plate, at Newmarket. Fai- meuth is by Glenlyon, the stallion recently im- ported by 3Mr. Pieire Lorillard. BASE-BALL. “RARMONY "’ VS. ENERGY. There has been a great deal'said at one time and another concerning ‘‘harmony ™ in nines, and those who byd the most to sav on the sub- ject contended that it was an essential point to be carefully Jooked after in the formation of any club which hoped for success on the dia- mond field. Now, Tae TRIBUNE does not wish to set itself up in opposition to the judgment of men who have made base-ball and the man- agement of those who play it a study and a business venture, but it does say that many of them have Tharped eo lonz upon this matter of “larmony?” that it has becomc 8 kind of second nature, whereby their judgment has been sadly warped. Of Jate a paragraph, started in Cincinnati, bas been going the rounds, in which the general public is solemnly warned to ‘look out for the Indianapolis element in the Chicago Club dur- ing 1879.” Now the President and Manager of the Chicago Club are probably about as estute and far-sceing as any in the business, and in view of this fact any reflection on their judg- ment or sagacity is in bad taste, and the parties who make fll-advised criticisms on the course of any clubin liring men, are very apttoun- dergo the unpleasant. experience of persons not brought up in New Zealana who indulge in the pastime of throwing boomerangs: their weapons may come back and inflict considerable damage on those who threw them. Whether or not the White Stocking nine of nest season will be a “barmonious” one, it is doubtful if anybody knows, and still more doubtful if anybody cares. At'the risk of ‘being howled at by several papers, the base-ball columns of which are presiced over by. youug men whose ‘practical ignorance of the game is exceeded only by their ability to construct tables which not even themselves can understand when printed, Tuz Trisoxm will say that the ouestion of whether or not the Chicago nine of next season “harmonizes ”? will probably make very little differcnce with its play. Some of the men who enjoy the reputation of being first-class kickers and disorganizers, are nevertheless very handy individuals to have around when a base hit or good ficld play is wanted. Without intending cither to arouse the wrath or flatter the vanity of that very amiable and stalwart young man, Anson, it may be said that his reputation as an experienced and prolonged kicker is one that any m:n might be proud of; but, in spite of those who preach that hanmony is everything, e is acknowledzed to be one of the best and most usefal bail-players in the country. Me- Vey, of the Cincinnatis, can also nake quite a conspicuous kick, even when not specially called upon to do so; still he is a good ball-player. Lip Pike is a disorganizer of the first water, but last season, when he used to hoist a ball out among the freight-cars on the lake shore, peo- ple who were presumed to know a good player yelled_themselves hoarse in his praise. The list could be extended indefinitely, but such action is not necessary. Those who organize pines on the basis of ‘‘harmony “alone will never grow rich at the base-ball business. It is' mot _possible to get tozether nine men who could travel around the country eativg, slceping, and playing ball to- pether that would never get ont of tune. Nine aogeis could not do it, much less ninc mortals, subject to the little idiosyncrasies that human nature is afificted with, Harry Wright has al- ways Deen the prophet whom the ‘ harmony men delighted to honor, and the success of the Cincinnati and Boston Clubs under his manaze- uent has been laid entirely to the dove-like dis- positions of the men engaged by him. This kind of arpument is tne veriest kind of twaddle, and the history of the Boston Club proves the truth of this” assertion. George Wright and Tommy Beals went many a dny witbout the interchange of a friendly word, and George and_Gould did the same thinz. For one whole season Ross, Barues, and Gould never exchanged a word, and giared at cach other like opposing game chickens, but the Bostons won tne peanant that year all the same, harmony or no harmony. Otlier instances of a like charac- ter could be adduced were there any necessity therefor, but these, from the fountain head of & parmony,” will suflice. If a club wins the championship it will be because 1ts men play ball, not beeause they are ‘tgoody-goody boys. Your man who gets hot at somethine during 2 game, and then relieves his feelings by waking a_two or three base hit, is much more vatuable than one who, although possessed of a Sunday-school temperament at =1l times, mani- fests a decided aversion 10 reaching first base, when the occupancy of that particular bag of sawdust would be of some value to the men who pay him high wages for playiog bal.. THE DGBUQUE CLUE. Special Correspondence of The Tribune. Dunuque, fa., Jan. 17.—The City of Dubuque has put forth strenuous efforts to secure a oot nine for ’79, one that can cope with fair success acainst Rockford, Davenport, and Peorig. Itis the aim of the -Association to have a gentle- manly nine, Irrespective of their playing abili- ties. = Those that have sigued alrcady are ‘Thomas Sullivan,of the Worcesters of '78; L.P. Reis, of the Chicazos; W. B. Lapham, of the Worcesters of ’73; Thomas J. Loftus, Jobn and William Gleason, aud Charles Radburn, the lat- ter four of the Peorias of '78. These plarers are well known throughoutthe West, and are noted for their eflicient work on the ball-field. There will be exciting work done on the bail-field in the Northwest during the coming season, us the Cities of Rockford, Davenport,ana Peoria are t¢ bave as strone, if not stronger, nines than vubunque. Milwaukee should try to resurrect itsclf in the base-ball linc. 'T'hat city has fine inclosed grounds near the business centre, anda good home club in the Maple-Leafs, whichor- ganization, with the addition of two or three ‘professionals, would be stronzer than any club in the Northwestoutside of the National League, With such a team, and the admission fixed at 25 cents, base-ball in’ Milwaukee would flourish. BaLL-PLAYER. ROTES OF THE GAME. Base-ball is becoming a popular game in Cuba, Gser says he has gone out of base-ball for good. The League Book will not be issued before March 1. Cinninnati has sent on its vote for the admis- sion of the Troy Club to the League. Cincinnati will have its base-ball grounds con- nected with the ity by telephone nest season. Ross Barnes recentlv wrote to a friend that he would be in better health next spring than for years before. Murtrie is a walker as well_as a ball-player, and has & match on hand with Walker, champlon of New England. Kent, of the New Bedfords, was the best bat- ter in the International Association last year, except John O’Rourke. ‘The salary-list of the Troy Club for the com- ing season will be $10,240. “This includes eleven men on six months’ contract and 2 manager for one year. George Wright has selected a uaiform for the Providence team next season ywhich is described by a Boston paper as being ‘“different from any- thing ever seen in the base-ball arena.? A good many thingshave been ceen in “the base-bail arena ™ at one time aud another. One of the rounger members of the Cincinnati Club wrote from the East to the management fo send him §50, which ‘he must bave with which to iet tbroagh the winter. The reply was sent back: **No advance money will be paid any of our players. Jump on the cars, run up to Jim ‘White’s farm, 2n0d o to work.” Jim is willing, and will work up a job.—FEnquirer. Boud wrote to a friend recently about the change in the pitcher’s position as follows: “It seems to me that it is not the changs of position that affects the playing of an intellizent pitcher. It is the cool judzment, always on the zlert to take advantage of an opportunity, that directs the ball better than the strongest’ and most un- tiring arm. Persopally, I have no objection to the rale.”” . A co-operative nine has been formed in Nat- ick, Mass., with a capital of §1.500. The players are: Frank Allen, of Hudson, Mass., ¢.; Edward Sunuzlmclssyt,, or‘illugsulni‘n.; Robert J. Ryan, of udson, 1=t b, ; Michael F. Lynch, of Boston, 2d b.; Toomas H. Gill, of Brooklym, N, Y., 5005 Fraok B. Cox, of Waltham, &.&.; Ed J. Calla- ban, of Boston, 1. £. and change pitcher; Sten Conway, of Lowell, c. . and change catcher; Normau Hemenway, of South Framingham, 3‘11::5&5‘, r.1.; Henry Porter, of Webster, substi- QUESTIONS ANSWERED. Br‘(‘;\‘\'nn.sz:ill';:lnow‘gs?. lllén.—Adflrlsl Samuel S0th Clark strech, Chicago, o Tall Club, 418 .SUNDRY SPORTS. COCEING: Entious of the success of Chicago chicken- fanciers in pursuit of their favorite sport, those of Milwaukee endeavared to get up a shake- bag fight a few nights ago. . Several birds had been imported from this city expressly for the event, but some trouble was experienced in securing a place in which to decide the question of supremacy. Finally the old TAru; 1aundry on Michigan street, the scene of similar events before, was sclected, and thither those who werc “in with 1" wended their stealthy way, several well'known citizens being smong the number. The unusual sight of & band of men, eeveral of whom carried bags from which now and then a lusty crow was beard, excited the curiosity of a Celtic policeman. A local paper says: The *cop® murcd over the discovery a few motents, and was heayd to mutter andibly: I 1 have it. Srean’ it be a cock-tight the 20 have inrninst, an' I'll see Chafe Kin- nidy about it to wanst.” So to the chicl he went. annonnced his discovery and suspicions, and was ordercd to procred to the £pot In company with another patrolmau, to put 8, stop 0 the proceed- inz. By the time the **cops " arrived on their ofi- cial mission the rathering to witness the sport must have numbered 200, It was winusing to note the expression of alarm devicted upon these 200 previously-happy countenances Wlen annonnces ment of tke urrival was made. Seveml of those mearcst the door made s breik in the direction of the streel, but the at_ the cntrance barred thelr exit =Wl outstreiched arms, and bronght them toa haltwith an imperious ‘*Honld an®’ At the heud of the group 50 nalted was a prominent ollicial and bust, hiesa man, whose mame s famitiar 28 hoasehold woras to inost of the readere of the Wisconsin. A8 he came to a stand uader the order, Cop No. also a Milesian, cacht g elimpse of his fami countenauce in thedim light, and exclaimed in & tone and manner indicative of surprise and aston- ishment, **An’ who have we here? Surc an’its o0, avick! Well, we'll do nothing to you and thim avove: but we've ordhers to shtop” the foight, an’ we've twinty pathrolmmn below to GO that same. 50 go home like & dicent man that ye are, No. 1 cansht the strain of his partmers little spocch. 1le aropped his arme quietly at his side and allowed the crowd to disperse, With the in- junction, **Get box.c ont of this, byes; get home out of Lhis like dacent min.” The result was that the crowd adjourned to the Layton House, opposite the Forest House Cemetery, and bad an interesting main, which resulted in favor of the Muwaukee roosters, those from Chicago not being up to the mark. BILLIARDS. To-morrow evening is the time set for the opening of the billiard tournament under the auspices of the Brunswick & Balke Company in New York. The latest advices from that city are to the cffect that Sexton, the prescot cham- pion, will not take part, he having given notice to that effect vestercay, Should he carry out bis expressed intention it would be sbout as small a picce of business a8 he coutd weli en- gage in, and confirm the report sent to this city several days since that he was to be a tool of Collender & Co. in endeavoring to broak up the tournament, and thet he would be paid an amount cquivalent to the first prize as the re- ward of withdrawing at the last moment. Mr. M. Bensinger, of the Brunswick & Balke Corn- pany, left for New York Friday evening to at- tend to the interests of his firm. During the progress of the tournsment six dispatches will be recetved daily at the Bruns- wick billiard ball in this city,—tbree in the af- ternoon and three in the evening. THE OAR. The Harvard University crew has disbanded, and fears are entertained that the institution will have to depend for students in the future upon young men whose tastes do not run en- tirely in the direction of boating. The mode of training adopted by the boating men of Oxford Collere is a rather neculiar onc, but, in spite of all the old heads in the boating line in Europe, seems to succced well. The men rise about 7 (not compulsory); cxercise with a short .walk or run (ot compulsory); breakfast at 8:30, consisting of beef or mutton, underdone; bread crust only recommended, or dry toast; no exercise in the forcnoon; dinuer at'2 o’clock, consistinz of beef or mutton, bread and a pint of beer,—no vegetables; at 5 o'clock, Tow twice over the course, lcisurely the first time, increasing the speed on the second trial; supper at 9 o'clock, of cold meat, 8 little jelly (if preferred), and wasercresses, aud one pint of beer; retirc onc hour and a half atterw: . CURLING. Special Dispatch to The Tribune. MILWAUKEE, Jan. 18.—The following rinks have been ‘selected by the Milwaukee Curling Club to EP]“"“ match game with the Portage Club, at Poriage City, on Thursday next: Chandler, skip; Tooey, Stone, and Adams. H. H. West, skip; Dingwall, McKay, and Porter. Bryden, skip: Strathearn, Brown, and Hill. Dutcher, skip; McLaren, H. McGregor, and Jonee. .~ Jobuston, skip; Middlsmas, JL Sheriffs, and Bruce. Messrs. Laurieand Lindman have been elected 85 reserye men. —_——— REAL ESTATE. Moderate Actlvity in Chicago Real Estate- Chlcago Dealers Finding Bonanzas in Lead- ville Real Estate—Sales, Loans, and Buiid- ing Permits of the Week—The Speculation of 1869 in San Francisco—Tencment Houses In Brookiyn. There was a moderate amount of miscellane- ous business done in real estate. There were some sales, some leases of houses and stores made, and loans negotinted. Some of our deal- ers, not content with the slow gains of Chicago real estate, have turned their attention to Lead- ville, Col., and, having subdivided land there with true Chicago enterprise, are now selling at $37.50 LOTS THAT COST 25 CENTS cach. Amone other transactions, Pierce & Ware eold a two-story house, aod lot, on Wa- bash avenue, near Thirty-fifth street, for §4,8003 a two-story house, and lot, No. 1229 Prairie ave- nue, $7,600; 400 teet, corner of Fifty-fifth strect and Western avenue, $3,500; and 25 feet, cor- ner of Madison street and Laflin, $4,600. In the other SALES OF THE WEER were undivided half of 25x171 feet, improved, en Wabash avenue, south of Jackson, for $20,000; 27x175 feet on Michizan ayenue, north of Thir- ty-fifth street, $4,600; 20x80 feet ou Clark, north of Washington, improved, $30,000; 20x 125 feet on Tompkins street, southiwest corner of West Polk street, improved, $4,000; 25x130 feet on Indiana avenue, north of Thirteenth street, 35,0005 15x171 feet on. Indiana avenue, near Twenty-seventh street, $4,200; 20x125 feet on Tompkins street, south of Polk, improved, $3,500; 25x117 feet nortieast corner of Towu- send und Elm streets, improved, §5,500; 50 fect to alley on Park avenue, cast of 'Hovne avenue, $5,0003 No. 8 Langley Terrace, $4,000; 855125 hroop street, south of West Taylor, $4,500; 25x178 feet on Michigan avenue, bear Thirty-second street, 4,000 225x231 feet on Souti Clark street, corner of Forty-ninth street, $4,000. THE LOAN AGENTS are doing only & light business fn_this interval between the building sepsons. There is some borrowing for business aud other purposes. Rates remain unchanged at 7@9 per cent. Some of the Joans of the week were.$20,600 on the corner of Van Buren and Throop streets, for five years, at 3 per cent; $15,000 in three quarterly notes at 4 per cent oo the corner of South Water and LaSalle; $50,000 for five years at 8 per cent on the Northwestern University property at Evaus- ton; $10.000 for three years at 7 per cent on 79 Raodoioh street. The total number of trust- deeds and mortzages recorded last week was 57, for $213,670. For last week the number was 80, and the consideration $131,9%4. ‘There ware eight building permits during the week. The largest was to G. A. Jumnarich for 8 two-story store and dwelling at 448 and 450 State streét, to cost $3,500. The San Francisco Daily Bulletin describes 1809 as the most stirring year in SAN FRANCISCO real-estate circles. The Pacific Raflroad had just been opeaed. It was thougnt that event would flood San Francisco with population. Most of the available land was ‘bought up with- in a radius of ten miles from the City-Hall on the south, and divided up into homestead lots, which were sold and resold by speculative ope- rators, many of whom wereconsiderably pinched. Sotne of these lots can now be purchased at 50 per cent of their cost price in 1568. 'Inat was about as scandalous o deal as any that has taken place in stock circles. The market has never fully recovered from those transactions. There was a steady falling off in sales, and in many cases in_ values, until 1873. The stock excite- ment which succeeded and which was followed by the largest output of bullion and the mosi liberal dividends ever known on this coast, helped the market very materially, both in ac- tivity and in the enhancement of values from Jap.’], 1673, to Dec. 31, 1St0. The dry winter of 1876-'77 and the subsequent fallinz off in the bullion yield and dividends are at the bottom of the light sales of the past two years. Mr. White, the BROOKELYY, N. Ty real-estate owner, who has earned himself an enviable name by building tenement houses that combined the attractions of comfortableness, decency, and profitableness, states that during tie summer of 1873 ke and his associates oene seventy new tenementsin Brooklyn, of which fifty-five have been let, and both thesé and the older blocks built by them continue o pay a good interest on tue investment. Tirteen six- "Lot 2 in Resubdivision of Lots 1 room houses and four nine-room have been built the past vear, and. others of these sizes are building. Another block of tenement houses is also building, and will be readv for occudd- tion before next summer. All these are first- class homes, for a low rent, and et they pay 2 fair interest on the investment. SATURDAY'S TRANSFEES. The following instruments were filed for rec- ord Saturday, Jan. 18: 1 CITY TROPERTY. - Millard av, 71 ft n of West ’l'\\'nntvvvfi!ur?‘h 4x124 §-10 {t, dated Nov. 1% A. and A. C. Millard to Jflhl’l5 1,625 Flournoy at, 125 1t 1 of Campbell 2¥, 8 1 25x123 ft, dated Jan, 16 (8. k- Micham to E. D. Thayeretal.).. 1,300 May st, 25 1t n of Ninetcenth et, ¢ f, 100 fr, dated Jan. 17 (Jobr Summerville 10 Frank Doorak). -...... Blue Islaudav, 5 e cor of u30x100 {1, 800 Wood st o fy dated Jam. 18 (Henry W. e Lo the ulon National Denkof o0 875 Holtat, se cor of Blanche &t 7 7-105125 ft, with other property, dated Jan. (Georze Ruder to Carl Schirru), Holt st, same property asthe above, dated Jan.9 (Carl Schirra to Elizabeth Ruder) Meagher st, 275 {t w of Jefferson, § f, 25 X001t duted Jan. 14 (E. W. Shaw to Margaret McNelly)... ... . g Indiana av, 154 [tn of Thirtieth st, e f, 35x183 ft, dated Jan. 16 (L. S. D. Leichardt to ti. A. Burbapk)... ... .. 8,000 Jeflerson et, 110 ft n of Eighteenth, w f, 233101 ft, dated Jan. 18 (Martin Meier 10 Owen COrbett) ... ourvveen s 2 Sizel st, 2013: ft e of Sedgwick st, n f, 26143150 ft, dated Dec, 7, 1878 (William P. Conger to John Q. Wellg).oiu..un.. West Twelfth st, s e cor of Lirown, n{, 300x100 ft, dated Jap. 3 (George E. Herbert to Georze W. Kreigh). 7,000 7,000 1,400 450 3,300 5,250 Lot 25,}in Sub-Llock 6 of Block 5, Snef- fleld’s_Addition. dated Jan. 11 (Char- lotte Ketz 1o Charles A. Gerold)... 1,000 SUMMARY OF TRANSFERS FOR THE WEEK. The following is the total amount of city and suburban transfers withina radius of scven miles of the Court-House filed for record during the week ending Saturday, Jan. 18: City sales, 55; covsideration, $183,5{4. South of city limits, sales, 65 consideration, $11,000. Nort! ol“?m' Vest limits, sales, 2; consideration, $3,000. $1,5%. of city limits, sales, 1; consideration Total sales, 645 total consideration, $199,04L. LAW REFORM. TIIE PRESENT CONDITION OF THE LAWS OF ILLINOIS. To the Edltor of The Tribune. CHICAGO, Jan. 18.—A writer in the January number of the American Law Review thus states the presest condition of the criminal laws of England: They are scattered through fifty’ volumes of statutes, and may be found declared and eluci- dated by & search through 1,200 volumes of re- ports. "Eighteen thousand acts of Parlisment and 100,000 caacs., besides unwritten rulés and orinci- plez, briefty comprise the law of England. .Stat- utes have been repealed, decisions overraled, but no mark distinguishes the living from the dead. The rights of husband and wife and landlord and tenant are estavlished by varions enactments of law-makers from the Saxon dominion to toe reign of Victoria, They are scttled by anthorities rane- ing trom the treatise of Glanvil to the aecisions of Cairns. The duties of a Coronerand the powers of the Crowner's quest are coutained in ucts of Par- liament extending from the time of Edward I. to 1875. A study of the statutes from the last of Victoria to the first of Henry 111 might be neces- sary to decide upon the limits of a crime and the extent of 1is punishment. In 1517 Sir Samuel Romilly, io reviewing Bentham's Essay on Codification, ‘said of the tlien condition of the Jaw of England: * The difficulties, the expense, the uncertainty of the issue, and in many cages the lamentable delay of decision, are but too well known' to the great number to whom this is a sonrce of profit, and tothe far greater number upon whom this brings down calamity and rain.” | The first act of the first sessfon of the First General Assembly ot the State of :Illinofs was the adoption of this mass of complexity and confusion as the body of the law of the new State. It adopted the common law of England and gl statutes made in aid thereof of a general nature and not local to that King- dom, excepting the second section of th2 sixth chapter of 43 Elizabeth, the eighth chapter of 18 Elizabeth, and the ninth chapter of 37 Heonry VIIL, declaring that the same should be “con- sidered as of full force until repealed by legis- lative aaothority.” The absurdity of tlie posi- tion in which this placed the new State was recognized by the Supreme Court in 1841, when it said: If we are to be restricted to the common law as it was enacted at 4 James, fejecting all modillca- tions and improvements which have been sint made by practice and by statutes, except our own statutes, we will find that system entirely inap- piicable’ to our present condition, for tlo simple reason that It is more that 200 years behind the age. Anp escape was then devisedn holdiog that, “irom that period we mast look to American legielation and reports by American courts for improvements and modifications in the comimon law.” The right to distrain forrentin the State of Illinois was aceordinely found, not in the statutes of the State enacted after 1819, not in the decisions of the courts of last re- sort, mot in the common law or statutes rior to+ James L, but in an old statute of the olony of ergini:‘l enacted In 1730, nearly halt a century before the Declaration of Independ- ence. The territory northwest of the Ohio River was then within the limits of Virginia, and, of vourse, within the jurisdiction of this statute. In 1783 this territory was ceded b; Virginiz to the General Governutent, and by the ordinance of 1737 a Territorial Government was erccted therein. This was divided into the Territorics of Ohio and Iodiana by the act of May 7, 1800. In 1809 Illinois Territory was carved out of that of Indiaoa. As alrcady mentioned, the first session of the Legislature of the State of Illinois convened in 1819. If the common law of Enelund as then_ adopted was modified by a colonial act of Virginia passed in 1730, transmitted through the Norihwest Terri- tory, Indiana Territory, and the Territory of Tili- nois, was not the comnion law also modified by the subscquent legislation of Virginia, of the Northwest Territory, and ol the territories of Ohio, Indiang, and Illinois? The act of March 30, 1819, repcalivg laws and parts of laws ++passed by or under the authority of an )3 Terri- torial Goverament heretofore eXisting? does not dispose of the questiou. The Colonial act of Virginia had beew repealed by the Legisiative Assembly oi the Territory of lndiava. Notwita- stauding this, the Supreme Court held tuat the modification which was engraited upon the com- mon law by the Virginia act was not repealed with the act itself, and remained as part of the common law,of the State of Illinois notwith- standing the repeal. s We thus find incorporated in the laws of this tate: 1. Usages and customs “derived down in writing and transmitted from age to age, es- pecially since the beginning of Edward 1.7 2. The acts of Purliament during and prior to Heary 111, of which no record remains, “but whicli, being miade before the time of memory, do now obtain and are taken as part of the common law and immemorial zustom of the Kingdom.” 3. Fragments of the civil Jaw of Rome, which, in spite of the English common lawyers, secures a place fn the common law through the equity and ecclesiastical jurisdictions. 4, The decisions of the Courts of England, ‘“expounding, declaring, and publishing what the law’’ of the ** Kingdom is, especially when such declsions hiold a consonancy and congraity with the resolutions and decisions of prior times.” 5. The numberless statutes, filling many vol- umes, extending from the reizn of Edward the Confessor to that of James I. 6. The enactments® affecting the common Jaw by the Colonial Legislature of Virginia, and the Legislatures of the Northwest, Olio, Indiana, and Illinois Territories. 7. The decisions of the American Courts be- {\g’lcqen the first'settlement of the country and Upon each frontiersman was imposed the duty of ascertaining at bis peril what enact- ments of William the Conqueror, lost acts of Parliament, usages of the Enelish people, frag- ments of the Civil and Ecclesiastical law, and decisions in Westminster Ilall, were of & gencral nature, and, therefore, in force as rules to reg- ulate his conduct and define his rights. When all these were ascertained, another difficulty re- mained. Hewasrequired to determine what por- tion was in force in the State of Illinois, as applic- able to the condition of this country, and what had becn abrogated by the circumstances of time and situation. TLet those who imarine this an easy task read the opinions of Judges Trumbull 2ud Caton in Scelev vs. Peters, 5 Gillman, 83. The present condition of the laws of Enzlandis not more compiex and confused than was that of Iilinois in the Year of Grace No systematic attempt has been made to sim- plifys aod_rearrange this heterogeneous body of Jaw. The General Assembly of the State bas, 3 a patch-work system of legislation, pruned away some of the more gnlpnble an- surdities thus adooted, and the C oorts have moditled and_ abrogated others. _ For example, in 1327, the beneflc_ of clerey,and “the trial by battle were formally abohisbed by legislative en- actment 1o this State. The confusion has peen increased by new statutesand by the decisfons of speaking _countries. umes in which was written the wwicritten com- mon law in the time of Lord Bacoa have be¢n expanded to over 5,000. The Digests and In- stitutes of the Civil Law, the Repo: 3§ wrlish, Irish, and Scotch Courts, with those of i New ' Zealand, Australia, Tasmania, and other insular commontwealths of . the Pacific, tue statutory cnactments of theEnglish Parliament, the Conzress of the United States, und of the Legislazure of this State, the decisious of forty courts of fast resort in as many American States, are the sources from which must be mathered the rules waich define rights, pres'mbe duties, end rezulate remedivs, voltaire’s de- scription of the concition of the laws of France before the promuleation of the Code Napoleon is applicable to a majority of the jurisdictions which have borrowed their icstitutions from England. Said the brilliant Frenchman: Tesides 40,000 Roman laws, of which some one salwnys cited at random, we have 400 different costoms, reckoning witn small towns and burghs, which deroaate from the vsages of the principal Juristiction: €0 that & verson traveling post it France changes laws oftener than he changes horses, and tin advocate who is very learned 1n one city is no better thun an ignoramus in that next agjoining. The Emperor who inscribed bis edicts in charaa- ters so small that they could not be read by the people who were rizorously punished for their intraction has ever been the type of the tyrant. Yet -hecanse of the coufused statement of the ! Jaws in force to-day in Illinois, the lawyer who professed to master all its details would be re- wrarsed as presump:uous in the extreme. The prudent_counselor decieres ocly the “ better opinion.” Su it is that even pri sional adviee is no certain euide in busivess trausactions. While every man is incxorably presumed to know the latw, tbe fuct Is that even those who malkc it 2 life study attemot only a knowledge of its general principles and of the sources from which its minor rales arc rawn. Austic well The ordinary comrse is this: -The man enters into fome tradsaction (say for example a contract) cither without a:vice or with the advice of an in- competent attorney. By consequence he gets into a scrape. Finding nimself in 2 scrape he submits a caze through an attorney to counsel. And for the fee to attorney and counsel he has the exquisite satisfac- tion of: learning with cesteinty that the mischlef is irremediable. . : The difference between the competent and in- competent atcorney is one of desree onls. ‘There is greater safety in the advice of one than in that of the other. In oo many-cases there is not a reasonable degree of certainty in cither. The rale which should govern the case in band may be hid away in one or more of a numoer of decisions which are ivaccessible be- cause of the difficulty in securing the clue to the hiding-place, or inspection ot the volume in whicn they are recorded. The Courts daily bear witnfiss, to the uncertainty of the law. Counsel, ltarhed in its_principies, dispute con- tinually as to rules and their application,—each fortifyiper his _position with the citation of multitudinous decisions. Lord Eldon is reported to have once said that his attention had been directed to three hundred cases beariog upon a single question concerning which he yet doubted. ¥ . Toese evils might be tolerated in the future as they have been in the past, were it not apparent that they are daily increasing in volume. The reports of decisions published in England during the fourteenth, firteenth, and first quarter of the sixtcenth cen- turics, consisting mainly of the Year Books, did not contain more gliutcd matter than is found in twenty-five voluines of reports of the Supreme Court of the United States. About 100 volumes of reports have been issued by the Eoglish Council of Law Reporters since 1865, a period of about thirteen years. Inthis thirtecn years four times as many volumes as in the 225 Years preceding the time of Lord Coke. In 1521 Justice 3tory calied attention to the fact that the American reports Lad accamulated to the number of 150 volumes, a number which so alarmed him ss to cause the expression of a fear that at some time their numbers would become a burden upen the administration of justice. In fifty years they have accumulated to over 8,000 volumes, - and every year adds to this library a larder number than were in cxistence when he gave the note of warning. In fifty years the Supreme Court of Illinois bas produced four times as many volumes of reports as England did during the first 225 years in which she had a lezal literatare. v ‘T'he Supreme Court _is now reinforced by the Appeliate Court. ‘The forerunners of new ecries of Appellate Court renorte have made their appearance. A Well-filled library now con- tains a3 many volumes of dizests as there were of American reports fifty years ago. The aze is prolific in topical commentaries. Every man’s enemy writes a Jaw-book. ‘Thus ic is that the literature of the law has become an obstruction to the administration of justice. Already litization is a_borden instcad of arelicl to_the wronged and the oppressed. ‘The weight of this burden fis increasing in a startling ratio. Some retnedy must be devised and adupted. Nearly a hundred years ago Bentham inau- gurated a yar upon the hoary evils of the com- ‘mon law, and ureed that the rules which shonld govern the transactions of human life showd be reduced to more concise statements and more systematic arrangement. Romilly, Mackintosh, Brougham, and a host of other leading lawyers of Enaland bave steadily pursued the war which he so grancly commenced, encounterivg as the principal obstacle in the way ot any and all re- form the almost unyiclding conservatism of the legal profession. "The results of Bentham’s work are now Leing realized in England. Courts baving s history runniog back throush centu- ries, technicalities sacred because oi their age, distinctions revered because they were old, have all been swept away by au aci which abolisnes all differences between courts of law and vourts of equity, all technicsl forms of ac- tion, all abstract subtleties not cssential to the obtainment of justice. In the home of the common law, within the very shadow of West- inster fall, the most radical and sweeping innovatious upon its rules and methods are being adopted. 1t may be safely ssserted that not a sinzle jurisdiction in which the common law has obtained is not to-day in advance of the State of Illinois in the reform of its obsolete absurditics and time-honored abuses. Until the reconstruction era South Carolina was pre- eminent, beeause it retained among its legal remedies trial by battle. In the judzment of the writer, there isbut one effective remedy, and that is in a concise statement and sysiematic arrangement of ali settled rules and principles which define rizhts, preseribe duties, and regulate remedics—usually termed **Codification.” Concerning, this more hereafter. w. JUSTICES AND CONSTABLES. To the Editor of The Tribune. Cmicaco, Jan. 18.—The most flagrant abuses in the administration of law, and those which should receive the most promptattention, oceur at present in the Justices’ Courts, and are mainly caused by the irresponsible character of the Constables. * The delay incident 1o su appeal from a Justice’s decision to the Circuit Court has al- ready received attention in the columns of Tne TRIBUSE, as well as the alove-mentionea evil, and so also the delay in actions in the Circuit and Supreme Courts, and the remedy suggested to hasten trials in actions on promissory notes and other simple contracts. There is besides these a host of minor evils which work gross injustice in individual cases, to which public attention should be called, al- though not conmected with the main subject under discussion, viz.: the law’s delay. Of these I will briefly mention one or two, calling attention first to the_state of the-law’ on thé subject of replevin, This action, which is in- tended to enadle the owners of zoods to obtain immediate possession of them when wrongluliy taken or detained from him, fs not intrequent. ly made an enzine of gross oppression by rea~ s({,x‘x of serious dalfccts in the statute, which en- able an unserupulous man, by simply taki allidavit to the effect that he u\m': ,;he :.::%gslf to substantially steal what belonzs to others. The vpractice is that the claimant must first give s bood, with an . approved bondsman, to the Sberiff; but ; as & rule thesc bonds are not diflicult to procure, owing to the length of tine that the boudsman can cqunt npou before a judement can be obtained 'avalnst himself. After the plaintiff bas taken ibe roods upon his writ of replevin, hie holds them of course until the case is raached in its regular order, and the rizht of property {luly found and_determined. If judg- nient be then given amainst the plamtifi aud that he réturn the goods, and_he fals so to do, the_bondsman is then’ subject to an action against himself, which in turn takes its place upon the calendar, and is tried at the end say of tweoty months from the commencement of ‘the action upon the bond, and upwards of three years {rom the time of the takine possession of mfng:ufi by the ungunl plaintiff. 0 a case,based upon a false affic plaintiff of course takes his o ate K‘n;])l:‘it:cz%f'ml- %cuu;y, but inasmuch as this is of rial bepefit i o) dalmhrouowed o to the defendant, it is sel- ave recently scen a cage which was, in sub- stance, that 2 man ordered a lot of gnuc']s mE:de to order, without intending, as far as Ican }cnm. 1o pay for them atall. Asa matter of act, he did “not pay for them, but when they were completed he took them from the manu- ::gxgg;:g\\;m gt replevin, This is an cx- , but suc i Yoo occasfonally arise under the ? AThe remedy {8 to make the statute similar to courts of last resorts in all English- ! that of distress and attachment, and allow the The twentv-five” vol- | defendant, upon being served with the writ, 1o himself zive a bond, to be aporoved by ty; Court, and be then cutitled to the possession o th_e\ '.'0(3;15 untii the action is tried. Another question arises uoou the e, of recent years on the subject of hust?:‘fktm wile, and the provisions tiat the wife should b allowed to hold and enjov ber own property o the same extent s an uumarried woman. The mischief vecasioned by ihis is, that it is becoy. ing only too general that husbasds conyey, b o means or -anotacr, Property to their i, for the purpose of avouding payment of theiy debts, and it being mpossible, or at Teast highly fnconvenicnt, for a person dealing wity the husband to koow _to which of the two the - property belonss, the Lezislature provided thag the property of both husband and wife shoply be charzeable for the expenses of the famijy and the edceation of the children. This statuty being clumsily drawn, has been construed the Courts, and is fouud to be substaatialfy valueless to correct the abuse. It should oe amended, for there {5 a larpy class of people in this city Who wve in all vane. ties of style, from whom not 2 butchernor g baker can collect a cent, and it is these smaly dealers who are the greatest sufferers. In answér to Mr. Fuuntleroy, let him take m last letter, and iu the clause where I'am aceused | - of inisstatement, iusert toe ywords “corrupt ds. cisiors” in place of fraud. Tie argument wi] then be that, because a system of fized law ig intended as a barrier against corrupt decisiong, that it does not follow that. there are corrupt -decisions or corrupt Judzes now. 1If all the Judaes in the world were honest, it would be the very time to estabiish barriers” aeainst corrupt decisions. . I supposed the word Jraud included corrapt decisions. A word 1 regard to his attack opon the judi clary so far as it is based on Chief Jastice Taney’s statement that slaves had no riohtg which white men wert bound to respect. Taney stated an indisputable fact: the 1aw 13 it existed in the Colonies aud was continued under the Constitution, and the very fact that broughy upon us the war to suporess slavery. It by no means follows bat that Taney himself woulq nave made it otheriise had Lie been a lexislatop instead of a Judge. ATTORNEY CAPT. BOYTON. The Placky Swimmer Makes a Trip Up the East River. Hew York Herald, Jan. 16, The fact that Capt. Paul Boyton wasto make a trip up the East River yesterdsyin his new life-saving suit was kept a profound secret. But somebow or other the matter leaked ont'that the Captain would make a voyage from the Battery to Haoter's Fointin the afternoon, andCastle Garden was besieged by a gaping, eager, jostling crowd of men apd boys lonz before noo. 4 At half-past 12 o’clock Boyton retired to s small room, and atter a few moments appeared dressed in a rubber suit made purposelyio’ voyage on the River Volzs and other long Pros- gian rivers. It differed from tbe oid spitsin several points. Instead of having only onecom- partment in the less, they were divided intotwo, separate air chawbers, front and back. This was done to avoid the sagging down of the- lower Himbs in the water. At the back of ths suit was a wide rabber flange or lapcel. which bung down like the brond trils of a coat., This flange is turned upward when in the water so that it forms #n excellent keel’ and also protects the back of the suit from beinz, cut by rocks or gravel-beds. Fung around bis neck was a formidable-looking shark-knife, and depending from this was a bottle which borea mysterious inscription. To the reporter it ap- pcared to very much resemble the word “brandy.” Thé suit was of Para rubber, aa eighth of 0 inch thick, the whele weighing when! dry about thirty ponnds. In bis baud he car- ried a delicately-formed double-bladea ash pad- dle. . “(Clear the way," relled the Captain promptly at 1 o'clock, ana the dense crowd paried for a moment as Paul Boyton darted down tothe edge of the dock and looked over. Then he inflated the air-chambers through the numerous tubes that hune from the dress, 1nd, standing perfectly erect, with a little toss of the' head he plunged into the stream, saying, *Hera goes for the baptism of the new "suit.”” The' dive was made amia much apbdiause, sithough many were evideatly nervous for the safety of the Captain. A handsome silk vational emblem was unfurled, aad, with a quick movement, fastened to a brass socket strapped to his foot This is the flag be carried through many = loog European river, and which he bore down the Seine to Paris. 4 g » Weli boys, I'm off; good by,” said Caph, Boyton, paddling away vizorously. In an io- stant the air was reat with three ‘cheers for the courageous American, who was rapidiy fioating around the Battery toward the East River. At the Battery dock a boat put out to ammm Boyton. The Cap:ain pulled out inta the dlc of the stream, and was soon rocking and tossing on the heavy tide swells. Along the river front could be seen crowds of excited peos ple, rushing from dock to dock, siraining their eves at tae novel sizut which presented jtself, At Fulton Ferry the steamboat Mineola stop: ped in the middle of the river, and, afters deafening salute from her whistle, the Cap: tain was greeted with wild applause and cheers by the erowd of passengers oa The honurs were so emphatic in tbis case that Capt. Boston stood uprignt in the water, and, after saluting with his psddle, waved the flag three times sbove his head, #hila the workmen on the i down aghast at the curi ented be- low. At twenty mipuzes past 1 o' bridee was passed, and the rest of kis journey to Hunter’s Point was a grand ovation from the steamboats, sailing vessels, and the people 0o the shore, » howaved brizht-hued handkerchief$ incessantly. At Huater’s Peint a large crowd had taken up every available foot of space on the outlying piers. The swimmer at-this point was carried by the swiit currcot tothe New York side at a lirhtning rate of speed,and cheers and yells were heard from both sides of the river as Bovton could be seen making efforts to keep himself from being driven by tbe rapid current aeainst the rocks of **Hoz’s Back! recf at the south end of Blackwell’s siand. ‘The Captain passed the threatming reefs insafety. ‘When opposite Blackwell’s [sland toe Usptain began to hug its shore, when suadenly the guardboat shot out and the voyauer was batled by a striped convict with, **Hullo, there! . Who he devil are you, and what are you driving at?”! “I'm on a little plzasure trip, and expect L0 f£0 ushore preseatly.” “You do, eh! \)\'L-ll, 1puessso. And what's more, you'll come ashore here. You can’t plsy any roots on we.”? The Captain good-humoredly started ot a racing pace toward the New Y.rk side, but tho guard-boat shot in front of him, and, before by s aware of it, he found limself being headed off as a prisoner. On the New York shors everything was confusion and excitement, the people evidently believing that an cscaping cou- vict had been captured, and expeeting to secs conflict take place. But the thrilling battle di not oceur, tor the Captain smilingly accompa- nied the boat to land, where he was instantly recognized, and the sternness and gruff man- mersof the guard chanzed to politeness sod apology. A 1ew minutes before 4 o'clock the crowd which lined the river at Hunter's Point canght sight of the bobbinzr tlag and gledming paddlea of the indomitable swimmer, and all tbe fags were dipoed, while the little speck on the water swayed its colors with a vim. When a few hut- dred yards off a torpedo rocket as sent Bp trom the landing-place, and_exploded in the air with a terriic report. Capt. Boyton seized his colors, and, standing up in the water, he clambered co to a cake of ice that cracked be- neath his weight. Then he uncorked the bottle strung ground his neck and took a long and kearty driuk, while the_multitude on sbure 3¢~ plauded with cheers and yells. At ten minutes past 4 o’clock the voyage was continued, and the Captain set out smoking 3 cigar amid the cries of ** Bravo, Boyton, bravo. This passage down to Dover dock was very rough. ta steamer passed but dipped its flag"and blew its whistle in howor of the oc casion. When just under the Brooklyn Bridge the silken flagr, which had frozen still, was tord from its staif by the heavy wind on the rivers The silk colors dropped “into the -water a0 were chased down stream aad eaptured directl! in front of the landiog pier, Dover dock, whic was crowded by at least 3,000 persons. A rocket was handed from the dock to the floating mads ‘V:kl;élcexed out into the river, when he touch o Capt. Boton landed on the deck perspiris from the use of his paddie, but sovered witl ice. He then crossed over South streetand returned to bis hotel. When stripped in bit Toom he was found to be, jnstead of cold sod numb, very much heased, the exertion baving raised the fgmperature of_his hody two degrees above the normal state. To the Herald reportet Capt. Boyton said that he enjoyed bis trip very much, but spoke in_deprecatory terms of tke river currents above Williamsburz, He is de- Tighted with the trial of nis new suit for Iong vovaging, and said tdat he contemplated taking a trip frow the bead water of the St. Lawrence; down through the Iakes to the Gulf. —— Harry Williams, manager of the Academy. of . Pitisburg, has%;;u:tc\l the following “ Any vocalist, n::fi M notice in his grecn-room: or female, attempting to sing * Baby Mine’ be killed at the end of the first yerse.” — e e 3 T A