Chicago Daily Tribune Newspaper, June 27, 1879, Page 14

THE COURTS. A Decision Sustaining the South Park Commissioners, Their Appointment By the Judges De- clared Constitutfonal. An Interesting Decision Regarding tho "Responsibility of Stroot-Railways, Henring in the Habons Corpus’Cnao of the Picnic Rioters. Yesterday's Testimony Is Decidedly Agatast ‘ the : Sharpykeoters, . Record of Judgmonts, Now Suits, and Otlier Business. OUTIL PAIK COMMISSIONERS. Following’ {s the opinion of the Supreme Court, written by Mr. Justice Walker, in which the conatitutionallty of the oresent method of appotnting South Park Commisstoners by the Sucgzes of the Circult Cours is sustained: hin wan nn information in the natare of 6 quo wacantererhibited In the Gourt below. against the + defendante, charging thom with usnrping tho office of South Park Comminstoners, The question pro- sented for determination ariscs on (he suMclency of the plea filed by defendants in which they claim 8 legnl title to the office.’ The relator demurred in the Conrt below to the plea, which the Court held to pe auMiclent and overruted the donimercr, and a adgment was rendered in favor of respondents. ‘9 reverne (hat decision relator prosecutes this ane i pests averred in the plea that in February, 1800, the Goneral Assombly pasred an oct anthorizing “fhe peapte of the tnrea towns of South Chicneo, * to the peo} -proyement, maintenance, Hyde Park, and Lake, to form on Park Ber within their ilmits, to eave ernedt by 8 corporate body called tho Bonth Park Commiesioners, in whom was to bo syeated the following among other powers, namely: ‘To locate and maintain a park within ® certain dis- ‘trict; to ansess and collect an annnal tax of not ex- ceeding in any ane year $300,000 for the payment of interest on bonds to be feaucd, and for the im- and government af the park during the citrrent year: to make epecial av- fessmente; to Issue bonds wpon recurity of tho ee lande, and for which the three towns were Bluo. irrevocably hound; to exercise the right of ‘eminont domain for (he purpose of acquiring park Janda: to exercise potlco powers over the park; ‘and to ndministor the affairs of the corporation. ‘That tho act further provided that the fit Hoard of Park Commissioners should be apvotnted by the Governor, and thereafter that alt vacancies should ho filled by the appointment of the ** Judge of the Clecult Court of Cook County when such vacancics abailoceur,"” By the terms of the act ft was left Ne of the three towns to dcclite by thelr vote whether such corporation should be formed with corporite authoritics thitte appainted. © By avote of the people on the 2d of March, 1809, the act was adopted, On the 10th day of ‘April following thle election was confirmed hy the Leeislatare, and noon thereafter the Governor ap- pointed the frst Board, which orcanized In accord- ance with the Park laws, the term of each member ‘Ueing determined by lot ns therein provided. .. Tho first vacancy in the Board occurred jn March, 1870. by the oxyjration of the term of ono of tho Commissioners, nnd the Judge of tho Clrenit Court -then filled the vacancy by appolnting tho same Commissioner. In August, 1870, the present Con- ‘stitution, which provides for five Judges of the ‘Clretit Conrt, was adopted, and’ ever wince that time all yacancies in the Board bavo been iillea, as dt fy averred in the plea, by cach and every of the Judges of the Cireuit Court; of Cavk Cotinty who dvere auch when tho vacancies occurred, and appel- ees ware thas appointed, It is urged that this plen fails to net ont any do- fense, hecavse the authority of the Judge of the Girewit Court to M1} such vacancies fa in violation of Art. TI, of tho Constitution of 384%, In force when tho Park acts were passed, and which nro- lilbited persons constitnting one department of the Government from exercising any power properly polongihg to elther of the other departments, ‘That tho authority granted to the Judge to fill yacnncles in the office of Park Commiksloner was, dy the present Constitution, abrogated, because It provides far five dudges of the Circuit Court in- stead of but one, .. ‘The article of the Constitution supposed to pro- hibit the exercise ‘of this power by the Circult Judge ta thist ** Section 1. ‘The powers of the Government of the State of Tiltnots stall bo divided Into three dir- tinct departments, and each of thom be condded to “a neparatu body of ‘maxintracy, to wit: Thoso whien ure legislative to one, those which aro exec-, sills £0, another,.and those which ara judicial to another. "Sec, 2, No person of collection of perrons, being one of theso dopartmenta, shall exerciec any power properly belonging to either of the others, except as horoinaltor expresaly directed or permit~ ted, And all acts in contravention of this section euinlibe void." ‘This vrovision only declares that cach branch of the Government shall be confined to the uxercite of the functions of Ita own department. It by uo- ammenna deities the neta that maz bo performed by ,each departinent, but tn the tnost general manner prohibita the exerclao by one departivent of the -powers of Bhothor, «There §s no provision in that fnwtrument whieh intorms declares tliat tho ap- pointient of atilcers of o municipality shall bo exercised by one or onothor department, nor avhether such an appointment {is the exercise of ‘ Jegislative, executive, or Jodicinl power, “To de- termine that question we must look to other gources of Infurmation. Tf Mt were not for the ninth nnd tenth sections of Art. 1X, of our Constitution, tha General Assum- bly would have unlimited power over municipall> fey in tho Biante, But thers sections operate to limit the power of the Giefera) Assembly over + theeo bodies. ‘The law-making power of the Bite 4s thereby prohibited from either directly or indi- rectly lovying taxes for municipal purposre, but tn authorized by the teuth section to require all tax- ablo rowerty in the imits of municipal corpors- tions to be taxed for the “payment of the debts of wuch hudies, The prohibition to levy taxes for corporate. purposes contalned in the tenth wectlon dus removed the taxing pawer to that extent from the dotnain of legisiative power. ‘The first section of that article requirew the Genoral Aesembly to \ provide the necessary rayenue by levying taxes, and #pecitics the manner in which ft phall be dono, The levying and collecting taxee Jaa legislative function, and the power was nol conferred by the firat section, but it prescribes tho mode in which the revenuo shall be raleed. But the tenth eection _ ‘prohibits the Leglelatare from lovying taxes for “corporate purposcs, but the ninth section provides: that that body may suthorlzo oF veat the possor tn mmnnicipalitics to levy and collect tuxcy for cor- porate purposed, Solty Shows to Ue tone In Tegpect to peraons and property withlu the jurisdic. uon of auch bodies, i : It has becn held by this Courtethat the taxing owur does not pertain to either the executive or ndicini doparinionts. iMunce, under thi article ‘of the Constitutton, nelther of the three depart. ‘ments can levy and colloct municipal taxes, ut, notwithstanding such power cannat te exorclued. by elthur, the legislative department may contur “tho power upon euch bodtes to asaess and collect. tho eame for corporate jurposes with the nasent of such dies. And under this prohibiion it hus been held tho General Avsumbly cannot provide the means of assossing and collecting puch taxcs unless the peaple of the corporate budy shallaseentto the same, It may vest the power airoctly in the corporate authorities dhosen by tho feces thereof, or may, in cresting the corporate * ¥, confer tho power an authorities to pe ap. ‘pointed by somo other fmnetlonary or individual, and: submis the charter to tha people of the body, and if thoy volo for and adept the charter, with such provisions, that will ‘be'an aesent by the people that such functlun- ary or person mny avpolut the corporate anthorl- tes for their Fercrnment, And, in that manner, the municipality becomes vested with power to ues “aces and coilect taxes For corporate purposes, - wuch an auveksment and collection will be a compli: ance with the Constitution. ‘his has deco held by this Court not only in reference toarher mun itlos, but aa to thls body, and the caves must bo Aamailar to the profewsion, and a reference to the cance ie unnecessary, Wut wo havo geen that, under our Constitution, the Jepinlatives the executive, and judicind depart- juont have no power directly, oF through olfiegry, to faeaeau and collect toxea fur munielpal purpures, _ But tho General Assembly may yest the power In the fanb relia authorities elected by thu voters ru- aiding tn the corpurate body, or, by the charter, confer the power on sume oficur or private pureon to appoint the municlpal authorities, when the poonte of the territory consent thereto by udopte ng the charter by a vote wuthorized by the cuarter, We then come to the question whether the Clrewt dudge, belonging to the Judicial department of the Government, nay apport, under the authority of the General Asvembly In the charter, and which was awsented tonnd ratiiled by w vole uf the people within the corporate limits, or whether he js in- Mblted by. the Constitution from making the aps polutuent, or whether the charier unly conferred the power on the individual who might oceupy the office of Judge,—whether thy appolotinent was ine tended to ve an exurclee of judicial power, or slouly the exercise of Indivitun) power, os though he were not ut thy thine Gling the Judicin) onice, Was, then, the Judge of the ‘Circult Court of & Comnty praultes. from appotniing thee winidioueral ‘The sixteenth section of the aixth article of the Cunsiitution bas this provision: “From and ufter thy wien of this Courtitue Moy no Judge of the Supreme of Cireult Court shall recelya any other compensation, perquiaite, or Deneft, In any form whoteusver, nor perform apy other than judicial dujies to which may bolony any coioluments," ‘This evidentiy comemplates the power of a Judge, when duly authorized, to perform other thay judicial duties where there aro no enuluments, perquisites, or compensation. ‘Tho prohibition ouly extenus to uther thaw judicial du ities Where there fs compensation in any forin, or the exercise of tho functions of other oflices, ‘whether State, county, or other municipal func: tony, with or without compensation. it nu doubt excludes tue exerciay of tue functions of any ie under the Fe¢eral Government; aleo of any public truvt to wich emoluments are’ attached, whethyr Federal or Slate, Uutwe do not nuderstand thut itis sullclenty comprehensive to preven! udxe from the verfertsuce of w mere miniuterial actund ‘pot judicial ju ils character, provided thera ary nu emoluments or componeation attached to the per- formance of the nct. He may, no donbt, do many acta of a public character. not jndicial, where there 8 no compensation altowed therefor. “And, svlere hho does #0, It in aw an individnal and not asf Tulge, : Avthe sersion of 1877, Public Laws, p. Of, of the General Aesembiy, an nck war parsed creating a Commiasionor of Claims, It ta composed of one Juder of tha Suprema Court and two, Cirenit Judges, ‘The Conuiaaton tne connoced nre re- quired to hear and determino all claims preaanted Against the Stare, s¢ reqnired by tho act. If the Commienion eball allowy any claim, it shall mako an Award In favor of the clalmant, fluding the amonnt Aino and usming ihe ciaiwant, which whall be dled ant recorded in tho afiice of the Auditor of Pablic Accounts. And incase the Commission ahall ro- Jeetany claim on the hearing, anch rejection lini conclude the parties thereto, unless the Commis- tlon shall othierwieo direct ‘in their award, ‘The act also provides that the Auditor shall biennially report to the Gorernara detailed statement af all anch nwarda, which shall be Iatd before the two Honses of the General Assembly at ita cearlon Heid next after the fling of euch awards, ‘Thie Commiasion is not judicial in itsaction, Ttoanty performs Wutier that might be, and usually nee. contlied to 8 committee appointed by ono oF both Jlounes of the General Aesombly. And it 19 not doubted that body might dealgnato private Indlvldnals to perform these dutlos, or It mmilght confer the power on executive of ministerial officers, And no one, co far na we know, line joes: Honed the conatittionality of the law, although similar Commission was croated, consisting of tha duilges of the SinromegCourt, “by an act of the Assombly ad 14, That Commission was ureanized and heard clat growing ontof the construction of the IlInofs ss Michigan Canal, and the action of the Board was, fo far na we know, nover challenged, If this In The exorcise of judicial pawer, then tho General Avsembty aro protiibited from appointing commit- teen compoed of thafr memborato hear, paea npon, And report on clalima against the State, And, If ro, that body cannot create n Cammisston of other per- pons or officers than the judiciary to Investizste Auch clatme and bring the facts hefore that body, Anives of courts of record, Juaticon of Clorks of courts of record, Notaries Pah- missioners, holding no other afiice, the foundation of the Governnient been fice paul ave from authorized to take and certify acknowledgments of decan and other instruments relating to urnf- fecting the title ta reatestate, And, if it isa jus diclat function, It conld not be conferred npon Clerks, Notarios Public, or Commissioners. And, if itbe ministerial, no one has ever anpposod euch neknowledgments before & Judgo were unconstitu- tional. Onr statntes have authorized Judges to colebrato martlazer for more than halfa century, and yot no ono wiicontend that the colebration of mar ringer is n Judicial function, or that because per- formed by ‘adndve or Justice of the Peace it is void hecanee it 14 prohibited by the Conetitutton, The Jindgos of {iw Sapreine Court have been vested with the power to appoint a Librarian for ench of the Supreme Court lorartes in tho Stato ince the ndoption of.the act of Feb. 10, 1857 (Seasion Lawa, p. 57), and no pereon has qites tioned the power, And tho same powor haa been conferred to nppotnt janitors to Keep the Vourt= Honees of tho Buprons Court in order, and so far as we nre aware the power has never been chal- Jenged. No one can contend that theso are Judicial powers, nor is it supposed that when the Juders make tha appointment that they aro acting jn- elaly, bat ore simply oxercleing the power as ine viduals. And ft will be remembered that the constitu- tionat provision scparating the nowers of the roy- eral departments ta the same for nll of onr State Constitutions, Jn that there nor been no change. When theso acta wero adopted it was evidently the Intentton of the lawmaker to confer the power-on thalhdiyidnat, and not upon the office. Jt oper- ated as thoigh the act had named the indivianal who might perform the act. Tlere there fa no emolument or compensation for the performance of the act, nor was thera In auy caves roferrod to eincs the adoption of the yresent Conetitutlon, which protilbits the recoipt of compenrution for euch acts, and hence thy acts are not prohibited for that reason. If we were to hold that tho Cirenit Indge had no power to appolnt Park Commiealoners, it would follow that thlx corporation was never organized. that it never had a legal existence, and that all acts perfornicd by the Commicaioners are ttterly vold and of no effect, and thatthe body must cease toact, Nor Js thoro any menns now fn existence, 80 far as wo can nec, by which it conld becom? or- ganized or Incorporated. | This hoing the case, we ehouid hesitate long before adopting snch a con- etruction, unlces tho Constitution prohibited the Judge from appointing these officers. On the con- trary, tho Constitution does not clearly prohibit the exerciea of the power, According to the canon@ of interpretration, if it was coubtfil we would be compelici to solve tho doubt in faxorof the power, Bnt we do not re- vard the exercise of the power as doubtful. but, on the contrary, aa being by all fair construction with the conatitutional powor, and that neither the lan; guage norsplrit of that Instrument bas been violated by the enactment. ‘Tho plea avers that the Judges of tho Clreuit Court soveraily joined in the apnolutment of theso Cominianlonors, and that they wera appointed by wach and every of the Judges of the Cireuit Conrt of Cook County. Undor any construction of tha charter this mat be held sufictent. If te rognited the appointment to be mado by one Jndge only, then tho fact that all Joined in the Bndalainent cantiot matter, a8 tho appointment by either wonld ‘be aufiicient. a And if the charter requiros all of the Judges to join in tho appointment, then there was a literal compliance in thie care, So that tn any event the power was well exerclacd. We therefore “ea no reason for Foreraing the gmentof the Court below, and }t mutst bo ot+ A, 2, Root and E. J. Whitehead were connsol for tho appellant, F, tf, Kules and R. 8, Thomp- eon for the appellees. s STREET-CARS. Following {s the opinion of the Suprema Court—written by Mr, Juatico Scholfteld—re- verslnz the decision of the lower Court in the ease of Phabe R, Mills ys. The West Side Strect-Railway Company. It ta matter which intercats the public; and net merely the law- yere, and ta therefore given {n full; On the 18th of May, 1875, the plalntif, in com> pany with friend (Mrs. Camp), took passayzo on oneof the defendant's open aummer care nt a volnt on the routhern part of Ita Hine, Intending ta koto a point some short distance ‘routh of tha northern terminus of ita lino; but this Intention was abandoned bythe coming up of a slight shower of rain, and they remained tt the car (intending ta return home by it) until i¢ had been. run to [te northern terminus and returned routh again as far ag the corner of Stata and Handolph atreeta, whon, the car ato) apna the plaintit and her friend Mea, Camp) tn chunged thelr minds, and concluded to leave the carat that point. Mra, Camp left the car witbont aiMenty, but the plaintiif, while attempting to Jenya it, was thrown, in consoquency of tho car bo- ing suddenly atarted forward, with great violence tothe grunnd, The plaintlif received n severe and palatal injury in conned uence of tho fall, and was put to surfoud oxpurue for attendones of physiclin, and cura of nursing, etc, ‘The defense {nterporsod was, first. tat of not anilty, and, sucondly, that the plamtif had selensed the defendant of alt claim for damages growing out of tho injury, ‘Tho verdict was for the plaintlit, assessing hee Anmages at $7,000, upon which, after overrullng a motion for « now trinl, the Conrt gave judemont, and the case comes here on the appeal of the ile: fondant, Uniler tho lesue presented by the plea of not guilty, the Court, at the {nstance of the plain- Mit, gave, ainong othora, the follawing instruction: ‘The Caurt instructs the jury, asa matter of Jaw, that It was the duty of the defengant, as a carrier of passengers for hire, to carry such pos- fengera eafely, and, npon notice to stop a car, to give avch paesengcrt a reasonable opportunity 10 alight from its car. xtopping ao reasonable Jenagth of time for that puroorc, and if tho jury believe, fru the ovidenca und ‘circumstances proven tn. tiv case, that tho platutlif - way a paaeengur upon one of the cars of defendant, by the consent of de- fondant or Its agents, ne conductor or driver, oF au or nbout the 13th day of; May, A, D, 1875, and that he ipterdantt saupedh sald car on State street, near Randolph atreet, for the purpose of permit- ting thy plaintiff and othor passenyors to alight, ond that whon the plaintiff, if using due care and dilluence on her part, was in the act of atepping down and off from sald car whilo tho car was standing still, and that the defendant, py ita driver or conductor, ulatted the sald car before the plaintl® had hada reasonable time to alight from enid var, and while sho was alicuting from enld car, which starting of the car, withunt ne: nce or default of plaluti, caused the platniill to ne thrown down und Injured by break~ ang her bones, and the peck of the fensir, come manly called the thigh bone, was bruken or injured: without any nevligence oF carelesivess on the part of the plaintiff, then thy allroad Company wat guilty of such ae aw would mato the de- fendont company Hable, ond the verdict should be for the plalatiit, uniesa tha jury believe from the avidence that the release road in evidonce was oxe- cuted by the plaintiff! under an egroem which aho was at the tiny capable of understanding and consenting to, of, after belng inform thereof, ratited it, or Jailed to return the consideration paid to her, and thereby avoid it," ‘This instruction, under the evidence preserved i the record, was ealeniated to mislead the Jury, nnd it ahonld nol, therefore, have been given. It uyunmned that thy car stopped upon notice for the Dirposo of letting pasechgory of. There a no proof tbat watranted snch an ution, No one #weara that the ca ned. upon notlco, or that tho place at which tt was wtopped was a Dettal placo for pasacnyord to xeton and olf, It ta not shown how or why the car hayuened to be stopped at that place, 1¢ is ahown that it waa cue- tumary for the conductor, on reaching Iaudolph Htreet, afiersidllny quch as dealred to get olf there, to go into tie ofice of the Company and maxe his Teport, allowing the driver to vo alunw with the car from that point tothe northern terminuy,—a die f about half y block, —and resuine his place ie coron its returning q tho eouth side of Randolph street. While thiy ctrentistance should not be held to exonerate thy defendant from tho exurewe of the cure with which It {4 properly chargeahle as a come mou carrer, yet the facté sre such ax to show that the defendant should not be required: to antictpate thut persone would be desiroun of getting uff tho core st any and every stoppage they might make in Mteshostelrcutt, And, therofore, unless it ghould appear that the drives pued the car forthe pure bose uf letting puysenvers get off, or he kuew that persons were actually getting off, the Company l4 hot chorgeuble with negligunce because of hia sturtuy the car forward, Pasacugure, av 6 niutter vf pradence, peforu attempting to wet’ ult, ehould know thut the stonpaga was for the p Jetting them yet off. “"Thewe cirenmytances are en. Urcly deft out of view byjthe inetruction, ‘Tho sage that what purports tu bus releadg was THE CHICAGO TRIBUNE: FRIDAY JUNE 27, 1877-TWELVE PAGES obtained by one Blodgett ns ngent for the de- fondant, fa ndmittea, batitisdented, [In the drat place, that plaintiff aigned ft, and, in the second pince, it in contended that 1fnho did eign it ahe «tid so while her mind wan ina state ‘of unconeclous- ness catiued by oplates which eho had taken to allay tho intense paln from which abo was anifering. On this pot te Conrt, nb the instance of the Wain, gave, among others, this inatractian: “The Caurt instructs the Jory that, nner tho Insuies in this case, the burden of proof {a upon the defendant to show that the alfeged written roleane OF pitinti, offered in evidenee by defendant, wan tho consclons act and deed of ritd defendant, or execnted In compliance with a proviona aurec- ment, made when she was nentaily capable of making and undorstanding {t.°" ‘This was clearly orronraus, In Lilly vs. Waegmer, conservator, ote. 27 HL, 87, the rule was there Inid down: s+ Phe leyal presimption {s thatall pereons of mane ture age are of sane memory. But after Inqnest fonnd the presuinpilen ts roverted until It ts rebntted by ovitenes that he hos become rand. When | too transaction complained af occurred before tho inquest is had, tne proof of jueanity davelves non the patty al Jeging It, but tt tn otherwise IE it todk placa after ward.” ‘There ts no pretense here tat thes plain tit was actially inane, Ter mestal facutties wero simply temporarily {mpatred, aril 1t devolved upon her to show that the rolense ¥as abtalned Then her mind waa thus Impaled, nd npow the dofendant to show that-her mind was not Impaired when it was obtained. G ‘The quesilon was one tipon which thera was # conflict of uvidence, and (t shomid have tucn fairly audtnlited to the Jury, The evidence bs far from satisfactory to our minds chat the neglence of thedefendant wan cross and that of tho plainiitt slight, In. comparivon with cach other, which tn enauntial to atthorize a recovery. . For tho errors indicated, however, the Judgment is reversed and the case remanited, THE BONEMIAN SIHARPSIOOTERS. ‘The examination of the ninctoen Bohemin’ sharpshooters, arrested for firing on nm crond” Inst Sunday at Silver-Leat Grove, was begua’ yeaterday afternoon before Judze MeAll{ster, | in Judge Booth's room, The room was jammet\ nearly to suffocation with curiosity-seckers and fricnds of the prisoners, a Jarge number belng women. ‘ City-Attorney Cameron first read the return, which was objected to by Mr. Rubens on the ground that itdld not show any offense, The return was mado by Capt. Hood, and be stated therein that, in the discharzo of his duty on the 24 of June, he arrested the nineteen per- sons in question “immediately after the act of committing ao felony, — viz.3 the sald parties on Sunday, the 22d day of June, 1879, at the county aforesatd, with force and arms did fclonionsty, wickedly, maliciously, and deliberately (being then ond there armed with loaded musket) shoot into a body of citl- zens then nud thera being Inthe peace of the State, with the intent the anil citizons to kit and-murder. Thatasn result of said Sirlng of satd guns by the above-named parties several of the said citizens were then and there danger- ously wounded, and that one of the sald citi. zens named —— Nonohuo was mortally wound- ed by the bullets so firea out of said guns then in the hands of the above-named partics. That'the sald Donohue fs now in extrema, and the fact cannot ns yet bo ascertained whether he will Ive or die, “That others of the said clt!- vena, Whose names are unknownto this respond- ent, Were, at the tlme and place aforesaid, in manner and form ox aforesaid, dangerously wounded by the sald partis above named.’ ‘The return then went ou to sny that the nine- teen wore taken to the police station, and tho next morning brought before Justico Walsh: and remanded without ball toawalt the result of Donohue’s injuries, Another exatination washeld Tuesday, and then, the proof being evident and the presumption great that Dono- hue seould ley the parties were again remanded until duly 1. Mr. Cameron fnsisted thatthe return was sufllcient to warrant the detention of the par- thes, s The Tudge sald that nothing was shown to provo that the persons or all of them had tuken part in tho shooting. If Donohue should dic within nyear and day it mlght be murder, but it would be hardly falr to keep all the par- ties In tail. 1 . ‘Mr. Cameron rald he made a charge of mur- der. Bomo discussion followed, and i wan finally ocrcedt tut abjections inight be filed to- day os of yesterday to the return, HENRY YRTTER, 6 iy a printer, was then placed on the stand on behalf of the defense. As le was coming from Doug- Ins Park ho aaw at Silver-Leut Grove the, ple nickers chase young man out of the grove. Then there was something of a quarrel aud threo or four men wero ejected. Tho drum Deat, and then the *soldiera"’ went. back into the grove, turned around, and = ran bacle with fixed bayoncte, and aecharce was inado. A cominand was then given toload and fire, whick was done. Wit- ness did not see the effect of the firing, but ran wast. Jicsawaman put up hia hund to his check, as though hurt. When every tiinus won quict witness came out from bobind o treo where lie hod taken refuge, and jn about half an hour the police cama down and bad n con- yersation, Soon afterward another squad cane and arrested the company, ‘Tho crowd clicered when this was done, ‘The crowd was very close to the “soldiers” when the order to charte was. given. The witneas could not identify the officer who gave the command, ‘The crowd were doing nothing except etunding around talklag atl taughins On crogs-examination witucss sald the crowd began to throw rtanes after belng charged on. There had been some pushing to get in before the charge, but no stones were thrown before ‘ume charize was made. Runens then created a diverston hy calling on. aman uamed Hudek to stund no, aud. then asked witness if he did not threaten to kill Hudek at the pollea station, ‘This was indig- nantly dealed by the witness. WILLIAM SCOTT teatifled that bo worked in Kirby & Carpentor's lumber-yard. Lnat Sunday afternoon, after a boat-ride at Douglas Vark, he tent to the picnic at Sflver-Leaf Grove, and when he got tnere he heard an order given to the “soldiers to load their cuns. ‘Then they marched obont 200 fect into the grove, turned nround, and charged on a run dowa to tle gate on the citi zen. Witness went to the crove with Douo- hue, but in the crowd they got sepirated a fow minutes, When witness saw Donohue again he hod been ebot in the jaw. Ha hot {oll off, and as he stooped to pick it up ho was*shot again, Witness helped him toa doctor's ofltce, where the wound was probed, but the bullet contd not be found, ‘The *soldters * wero all in uniforin, and when witness frat eaw them they were loading thelr guns, Mrank Ludwig gave the cominnnd to fire. Witness then {dentifled among the prisoners Ludwig os the officor. ‘there were about olght or ten men in uniform =o who minds — the chareu. ‘The crowd was only 10 feet off whon the charge was made. . The “soldiers,” after they had Joadod stood a minute or two, then charged and iired. ‘The crowd scattered 18 soon as thoy were charged on. ‘I'he crowd was nol expecting auy charge, ‘I'lia company marched or charged abont 200 feet Into the frove, then turned and share at double-quick down to the gate with fixed bayonets. Donohue uever sad a word to. the armed company, nor did bo make any ds- turbance, ‘Iwo yolluys were fred, the latter one belngaftor witness hg gene away with Donohue. On cross-exaimination tho witness stated posi- tively that there was no quarrel Immediately recoding the charge, und no stones thrown nor hreats iude. ‘There were about 100 or 150 ver- sous atthe grove. Donohue was out on the street tn front of the grove when shot, The next witness was Les 1% RELLY, of O07 Weat Jackson street. flo went to tho grove about 4 o'clock Sunday afternoon, When ho got there & young man rushed out looking a8 though bo had been pounded, Mo heart adrum beat, and saw the charge und firing. Ils testl mony agreed with that of tho preceding witness- ea as to the firing, und he also contirmed thelr statements tht the crowd was perfectly peaceadte, and gave no cause for the attack on them. ‘Thero wore only thety or forty persons in front of the gata whon wilness went there, At the second volley the company fired throuzh the fonce, ‘There was only one stone thrown ta his knowledge, aud that was when the charge was made, THOMAS SMYTH, of No. 187 South Green street, a brother of Ald. Smyth, another pluasuro-sceker to the grove, witnessed the alfalr Crom the opposite aide af the prare Ho saw the soldiers marching to- ward hin, then they turned aronad and ranto- ward the gate, and ‘Il He supposed they wanted to set |, but saw no utca~ lon for {t, ‘There were a large number of chil- dren tn the crowd outalie. Four or tye stones were thrown after the charge was made, David LL. Wilkle, of 181 Western avenue, alao fave a very clear and circumstantial account of tho affair, which a sbarp cross-exutuination falled to shake in the loust, He was one of the victlms, haying received u bayonet stab im the head. Whea he reached the grove the company were loadlag their guns. ‘They first charged on the crowd buck {nthe grove, then back to the wate, ond sed. Witness wae og the sidewalk thirty feot from the gute, aud when he saw them comlug he did nut dream they were going to tre, but thought they werd only dri tug. iiss companion advised jim to get away, byt by paid thera was ug s dangor of getting hurt If ho boliaved himself. Just then one of the fompang. rushed by hint and hit him either with a bayonct or butt of a gun, The crowd wan not making any demon- striations whatever, Tio or three stanos were thrown nfter the charge. John Boyd, a car-driver, testified to scoing a man in wlformn fire and a man fall, FRANK 8, UNT; an exccedingly Joquactous witness, then took the stand and procceded to tell how he camo to takon walk Sunday afternoon, what ho sail to Hils wife, and what she antd, ete. After several unsuccessful attempts ta get him to omit any unnecessary mention of hits faintly affairs and to confine himself to what he sniy, he was allowed to teil his story in his owe way, and in the main tt confirmed that of all the other witnesses, Atter identifying the Captain or Lfctitenant among the prisoners, witness said ho heard the latter say, * We'll clean out (his crowd.” An order was given to load, whieh was done, and the crowd taunt! ly asked, * Why don't you fire?” "That seemed to enrage the Heutenant, and ho ordered w charge. Nobody ordered the crowd to disperec. ‘The crowd acemed excited, but no stones wero thrown. Frank Martin, of 870 West Randolph street anid tho soldiers wero.very tnuch excited aud scemed to be intoxicated.” Somebody gayo tho order to fire, and erled, Kill them, Kill them: the = of ——) ‘The rest of his testimony dtd not differ from that of the other witnesses, ‘The Judge then satd ho could not enduro the close ale af the roogt any longer,—It was 18 fragrant as a slaighter-house,—and an adjourn- ment was accordingly had until 10 o'clock this morning. NEW SUITS. ‘Thomas Sayles began a sult yesterday in the United States Court against the Great Weatern Ratlrond Company to restrain it from Megally usiny his patent alr-brake, Field, Latter & Co. commenced a sult against William Henry to recover $1,000. William 8 Johnston commenced o sult yes: terday in tho Superior Court ogainet Jaince Wiles, elatming $6,090 damagea. Elizabeth J, Norwood brought sult for $5,000 Against Leonhard Falch, \Lurenz Brentano began a suit in replevin agalost O. S, Beardsley, W, If, Long, C. T. Brentano, and M.D. Merscreatt to recover a copper. still, goose, cooler, gin-head, ete, valued al | Alclew M. Cross sued Peter Banb for $1,000. Denis Hurley commenced n sult In treapass In the Ciepttt Court against the [linols Stone Companys ‘lating $5,000 damages, BW. Didtiam, administrator, ete. browaht sult to recover $0,000 of the Manhattan Fire-In- stiranee Company of Now York, and another for $8,000 agalmt, the Orient Matual Insurance Companys al New York, Emelic Wierled filed a bill against i. W. J, Thomsen and wife, G, I. T. Hoffmann and wife, Rudolph Behleciser and wife, and others, to see aside a conveyanre by Scliloesscr and wife to Notfmann aud TLomsen of Lots1 to 9, inchusive, in K. Sehloeeser's resubdivision of Lots 17, 18, and 19, Inthe subityision of Block 25 tn the Canal Trustees’ subdivision. of the W, % and W. 3g of N. EL of Sev, Tf, 39, 14. “This conyoyance purported to hare been mado Aus. 10, 1878, and withht threo weeks thierentter Schilocsser wont Into bankruptcy. Als Anstence sold his interest in this property at auction a short the ago, nnd is was bid iu hy comolaivaut, who ta also n ered+ itor of Schloosser to thaamount of nearly $20,- She now asks tlitt the above-named von- yoyunces may be set aside as havin been made aitban consideration ant with Intent to de- raul. Judge Moore yesterday granted o divorce to Marla Dayldson from Joseph C. Dayidson on the ground of drunkenness, TUE CATINe JTopor Dacxnoxn—In chambers, Tunay Buonartr—Diamlssed cases, Juvar Ganr—716 to 719, 721 togu0, T32 to T41, G43 to 40, TAB to 702, TL to 472, T74 to 707, and 709 to 831, Inclusive, No cases on (lal, Jdunox Jamzson—72, 854, Clty va Smith, on teint, Junnx Moons--23, 24, 26, 27, No, 28, Brown, vs. Lucha. 3 Juner Roorns—A34 and 885, No. 3, Kilian ‘ve, Tloftman, on trial, ig " Sunur MeAr.isteu—No call, ‘The Sharpehoot- ers’ habpxs corpus cares on trink, Avodd-Fanwent-—Ceneral business Tupar Winitasts--Gencral businos: Tenant Boorn (Criminal Conrt)--Noa, 900, 3,041, 1,049, 1,054, 1,088, 4,200; 1,207, and 1,425, My 3,095, 4, £ JUDGMENTS, Surrnion Count—Junot Ganr—Willlam -Moote ya, Edwind, Noble, $100. . THE NEGRO EXODUS. Lotter from Gov. St, John, of Kansas, to a Loutalaun Colored Man, Natchez (Altet.) Pemocrat, TorenA, Kas., May 28, 1870.—£Uia Jones, Fair- view Landing, Concordia Parish, L.a.—Drar Smt: Your letter addressed to tho Postmaster at this place has been handed to me, with the requess thut I reply thereto, Nelther the Government of the United States nor the Stata of Kansas gives to emigrants of any class tands, mules, money, or provislous, and any representations mado to you to that effect ara absolutely false nnd without any foundation whatever, and done, no doubt, by uuscrapulous parties for the pur- pose of inisleading you. Landa in Kansas, of good quality, can be pur- chased at from $2.50 to $10 per acro, paying one-tenth down und the balance on long time, with a low rate of {ntcrest. Government Innd can fe pre-empted, undor tho laws of the United States, at $1.25 per nere and com- plying with the provisions of fnw {in re- Intion to occupancy, etc. Homestendas can be obtained in tracts wot exceeding 160 acros, un- der the JTomestead laws, by resid lng on the land nnd complying with the proviajons of the law for five years, at tho close of which time, to erfoct title, It require. an outlay of about $18 ts money, There ls yory little desirable Uov- ernment Innd except in ‘the western part of the State, oll such land tn the central und castern: portions having been tnken yenrs ago, It must be borne [y tojad that, whilo land can ‘bo had ata very low rate und of yery excellent quallty, sud while homesteads can still be taken io Kanens, nll of thes Jands aro wholly nim- proyed, Hud that it requires bons and muscle, and a free will to,use them, and money to buy a team anit plow, with which to break it up, and seed to plant it, and provisions to eustato the owner with until a crop {s matured, before it Si ation a living for the occupant and his family, * Sotnothing over 9,000 colored people havo ro- cently cotne hers from the South, most of whom wero in destitute cirenmstunces, and have beon afforded temporary ald in the way of provisions, clothing, aud assistance In getting work by our Freedinen'a Rolicf Assoviation of Kansas, At the present thine all, with the exception ot 50 or 60, aro making thelr own fying und geting along very comfortably; but, of course, in view of the fact that the funds uscd hy one associas tion are ralsed through contributlons of the charltable people of the North, and come to 1a in Hmited sums, {t is impossible to givo aid to ony very great number of destitute persona, st itis to the interest of the colored people und to the success of the movemen’ they gro engaged In now—In changing thelr hablta- ton from tho South to the North—to guard agoinst flogding the country with such lores numbers of those who are absolutely destitute as to render It {mposalblo for us. to proside for them, For, should it, by reason of the grost numbers of that class, become impossible for our Asgociatlon to take coro of them, sufferlue would nevessurily fallow, which fact would at onca be uscd by the cnemies of your raco to discouraze your people, and force thein back fote the bovdage from which they aro attempt. try to cacape. Impress upon your people the fact that com- fny to Kansag alone ig not all thutis necessary, to success; but that here, as elsewhere, it ro- quirca judustry, honesty, sobriety, and the strictest economy to succeed, nnd that all who come here should couplo with their constng a determination to demonstrate to the world that with reasonably fair opportunities the colored man can not only sustain liimnself, but become prosperous and make a useful and valuablo cltl- zen. For, after alt, upon te success of the col- ored people who ate migrating North now de- pends to Bzreat extent the prosperity of thelr race in the future. I deeply sympathize with thw colored people in thetr present condition, os 1 know that they never enjoy the protection of Ifo und property and rights of citizenship which, uuder the Constitutton sud laws of our counts they are justly entitled to, But 1 believe the tue fs coming that will opea up a brighter day for our race, Bo patient, labor faitutully, practico the strict~ est economy, and place yourselves fo a coualtion that will euable you to go toa Jand where you cau enjoy the frdits of your own Jabor, und fect accure in life, proporty, and howe, provided you feel that you are not enjoying these blessings where you vow are. Yours very truly, Joun 81. Joun, Goyarnor, ia : Sarah Lernhardt a Free-Lover. Gossfping abuut tho lux French actross, Sarak Bernbarut, thu Faris correspondent of the New York Trivuue says: “Sarah Bernhardt ts o eee futnily woman tn so Tar as loyiug and look- ne after her childreu, gf whom there ary. four, “king ever gotten up in this Territory, Sho will not bear her graces to her gravo atl Ieave tho world no copy. ‘The girls hava been laced inn first-class conyentual school, and aro ‘oO be brought up Catholic. Mademoisteta Sarah Bernhariit fa heraclf a Romantst by bap- ism, butis tot on the beat terms with tha Church, tasinuch ag eho tikes the Samaritan wort previous to the conversation at the well for her motel, and aho owes conjugal allegiance to no man.'? BRIGHAM YOUNG'S ,ESTATE. nt Tho Suit of tho Dissntisiled Helrs—Curlous Comment of a Mormon Paper. Salt Late (tad) Herald, June V2. On Saturday afternoon n sult was instituted in the ‘Third District Court by Emeline A. Young, in botialf of herself and her hetrs-at-law and legatecs and henelielariea undor the last will and testamont of Brigham Young, deceased, piaintiil, against George Q. Cannon, Albert Cnr- rington, and: Brigham Younu, oxectitars of the Inst will and testament of Brigham Young, lato deceased, and Jobn Taylor, John Shark, Edward Hunter, Horace 8, ‘Eldridge, George Goddard, Leonard W. Hardy, ‘Theodore McKean, Joseph CG. Kingsbury, and Angus M. Cannon, de- fondants, -The matter hos been talked about for long time, but was kept quict, and though ‘the complaint was fled in the Court ently on Saturday. afternoon, for some wnac- countable reason only certain parties were al- Jowed any {information on the subject. The complaint is avery Jong one, and sets forth grievances too numerous to mention, charsiny the executors with fruds of every description capable of belng perpolrated under the offlee held by them. It charucs them, also, with col- Juston with President Jolin Taylor and others, the pttrpose of the collusion helng to rob nie heire of fn portion of the property and monoy alleged to belong Iawfully to them. ‘Tho amount sued for and claimed to have been fraudulently taken from the heirs ‘ts not less. than $1,000,000." ‘The complaint fs very specific, andoneot the most complete articles of the ‘I In this connection on suplleation wos made for an Ine Jnnelion resfraining the executors from further pursuance of their duties, and asking the ap- polutment of Receivers to take clinrge of the property pending the trink of the suit, aud, without giving the de- fendants an opportunity to bo heard, the in- junetion was eranted, shond of $1,000 being Hed, and Jinlges Sutherlind and MeBride he- voming the sureties, McCornick, Esq.. and Marshal Stinughneasy were anpoluted Re- celvers, the bonds being fixed nt $100,000, Mr. MeCornick hoy not yet Med his bond, and, ax Marshal Shaughuessy is not in the city, of course his bond ts not Med; le is not expected to roturn until the last of the month, ‘Titford & Hagan and Sutherland & McBride are the at- torneys for the plaintiit. Up to Jast evening the defendants had taken no action in the matter, thonh it had beon ex- pected that some course would be followed,and itis not yet known what the iine of defenso will be, " ‘Fhe trustee In trust has employed Richards & Williams, of Ogden; Anrellis Miner, Esy,, of this city; ‘and Judge Dusenberry, of Provo, as his counsel: on the part of the ex: ecutors, Shoeks & Rawlins and Bennett & Harkness are eugoyed, while It 1s anticipated thut some eminent leaal ability wil be brought. from the Kast to dofond the ease for the latter parties, ‘The pecultar circumstances of the case, and the position oceupled by the deceased, made tt dealrable to the peopte of Utah that this fight should not occur; and a disinterceted person would paturally think that the belrs und chil- dren of Brigham Young would be the Inst to Arag his affairs into the courts to be commented upon by attorneya and the public; the last to vwaut his actions made the sublect of lawyers’ antinadverafons wml popular erlticistn; the lost to place their father’s name in what may be called a falae light, and cast a shudow upon his memory. Lt frequently luappena in post-mor- tem quarrels of this kind that actions that were allright and proper. and could be so shown were the persons alive to explain them, are, b; conrts and lawyers, made to look very dar when the parties and means for siving correct explinations haya passed away. It {s hoped that this will not prove such a case, and that no attempt will be made to throw mud or wash dirty Hnen for tho dolectation of anybody. Tt should take more property than President Young left to induce his children to try to bring Js uname into dlarespect and put a stain upon his mémory, “BEECHER’S BOMBSHELL. What Congregational Ministers Think and Sny of It—Thoe Vermont. Rosolutions on Doctrine and Ordor. : ew York Mleratd, June 24, ‘Me, Begcher's sermon on Christian fellowship, published” in the Jerald yosterduy, foll tke a bombshell among Congregutlonalfsts. It was kenerally supposed that the circular letter to which he referret s3 emanating from o source “not far distautfrom IMs own church indl- cated the Church of the Pilgrims or the Clinton Ayonua Congregational Church, which hayo hitherto appeared to stand ‘In antagonism to Plymonth and its pastor. Mr. Beecher disclaims “haying-had any such thought {n his mind. (What he did rofer to, he says himself, were what are knownamonyg Congreentionatists as the Vermont resolutions. In searching for the root of the matter yesterday among the Congregational ministers of Brooklyn it was found that soveral of them wero out of town Dr, Budington, however, was at his house In Clermont ayenuc, and Mrs, Budington told the reporter nejther he ner 646 knew anything of the circular there alluded to, h nuo nor the Pilgrim Church bays sent *out such sono it is believed tut somothing of thy kind had {tw origin in the Manhattan Association and was fathered by others at o distance. ‘Iho Ver- mont resolutions referred to, and the Ohio resolutions also, emunating from the Assocla- tlona af those States respectively, have bocn embodied in circulars aud sent owt to the eburches of the Congregatfonal denomination throughout the land, Their object ts to get thy senao of the churelics on the question of provid- ing s common symbol of falth and game general avreument of church order, During the past year or two councils catled to Install mintatera in certain paces have refused to do so because of dome doctrinal doubt fu the mind of the candidate touching the sternity of punishment or the verbal inspiration of the Scriptures, In other places councils have in- stalled nen who haye held doubts on those points. Hence discussions have arisen as to whut Coneregatlonalists believe nnd a3 to what, Congregationallsm {s. Judged by the action of one council it fsa free thinktny club or society, aud by another, a most orthodox body. Now, the Vermont resolutions propose that the Na- tonal Conzregational Convention gball preparva symbol of falth or creed for ministers and church members to subscribe to, und which will be the pledge to other denominations as well as to those interested in the doctrinal views hold by them. Agoud deal of the opposition has sprung up agaist the resolutions aforesaid, especially in und around Bostoa, the headquarters of the benevolent operations of the dunomfnation, ‘Tho State Assoclations and the Nattoual Con- yention aru voluntary, organizations, maln- Jy oxlsting for the promotion of the beneyolunt work of the churches, 80 that tho indlyidual ehurch Is relieved from dolng work which those associations, composed of all the churches, can better do jolutly,—such ng educating tha freed~ nen, establishing aud matntalnioy misslons und migafonaries at home wid abroad, helping theu- logteal students to nclericat edueation, aud weak churches to hold on to life. It is now apparent. ly propasell to make the denomination a tender to Presbyterfanism,: Doctrivally, there is no difference between the tive, As at present conatituted every Conerega- tlonal church has aright to adopt and docs adopt acreed for itself and rules of order for the governance of its own members. en ncconting to the Plymouth Church manual, ‘Theodoros Tilton and his wife could be “dropped? from the church recordy, and, 60 for os he or she wore related to thu church or the church to thems, that was the end af it, It wasawild thliy, therefore, as Dr. Wild sald esterday, to bring that eluirch and pastor to rial for thus disposing of their own members. But the Presbyterian party in the church wauts to have nuntform method for rocelying und dismisatug mombers, und they want the Nation> al Conventlou to institute such a method, Without beluz able to obtain direct answers: to Inquiries on this question of order, a ffera’d reporter was permitted ta infer yesterday In conversation that {t originated in Brooklyn, and wus designed capeclally to apply to Flymouth Churvh aud such other churches as sympathize with it in its procosses. Dre, Wild and HH. 8, Carpenter are comparatively uew men iu the deuotutnation theca, Both lave kept aloof from the controversy which lias resulted in the dia- ruption of the old New York and Mrooklyn Ag- soclation of Congrezational ministers and the formation of two tateud, and they ure invited to sit In counctls composed of ministers of both Assoclations, Dr, Wild hus mady sonic efforts to hwal the breach, out hus not hud much suc- cuss. ‘The bittcruces of coutroversy hus been carried tute tls churches, and been made moro poignant there, Dr, Carpenter las little bope ofa setticment except through the lapse of, time, Both gentlemen lament the trouble, but ure powerless to provent it, But while neither the Clinton Ave-. CURRENT GOSSLP, PINAFORE AND SAENGERTTST. Cinetanatl Times. Tle had his pirl at the Ssengerfest, and sat ina front neaty Sholooked at him, and, amiling, sald, ** Ain't {t Juat too aweet? At'a Jat too ayyfally nico and cnto! It's auch a Jolly timol : Dd you over in your tifa before hear anything so finer" He smilow a atrange, pecntlar smile—his face grew wondrous clover; Ho tooxod into ber cyea, and sald: ‘* Well, wells hardly evor!"? ‘Tho leader drapped bis baton there; the flddicrs ceased to pinys Tho beater of the big basaedrom stopped with a atrdke half-way. ‘The audience, before so still, rose with one fright- ful shont, And every man and woman thera erlod, 4 Kitt Adm} pat him outt” 2 ‘The lender made a single leap; ho grappled. that young man} blow the longest horn went at bim Ike a rams ‘The remainder of the orchestra wero moved by one denire-- - ‘To annihilate that joking youth, and gratify their re, They beat him with home and dramaticka until tuey thought him dead, And tho qloltue ‘and viola they smashed upon hla head. t ‘Tho audience with eagerness Joined in tha fright- ful scone, And men, and woman, and enftdren small gavo Way tnto their antectt. They tore the clothes from off his back, and tried to gone his wyen-- Itaeemed to cive thum happiness to hear his groans and sighe, Then the way those peopte actod was an owvfrl. sight to ece, ji j For they danced, and sang, and caperod, lke children in their too: ‘ And, when the leader thought btm Zead, ho lookert down on the floor, = Andsong nto the miangled youth, ''We can't stand Pinafore." ‘The dying nian unclosed his oyos about to shut for- Ne looked!’ np Inthe leniter's face, an ns eid, "What nevert? a aE REP, THs Deragentors all drew back at hearing that word ** Never," The man who And siniicd shat strango, peeniiar smile, and anfd, “Well, hardly ever!" "They took that y hint off with carag Thoy rte! to aut his collar right, and gathered up his nis Thoy did for him alt they could do, and sought to make respite: ‘Thoy took up a colicction for lis special beneflt, But, thoagh thls young man's lifo way auyod by the nimple wortis he spoke, Yet the Sacngerfest wae ruined by the ‘Hardly ever" joke, ‘young man from the floor, and bore A MARVELOUS PISTOL-SNOT. Neto York Workt. Almost any evoning may bo scen, at the ral- lery of James 8. Conlin, 1223 Brondwway,-feats of plstol-markamanship which would make any of the old-style off-hafd shooters stand In won- der, ‘She marksman is My. frank II. Lord, the most expert and flufshed pistol-shot in the country, He is a young man of * 2 the youngest son ofthe late ‘fhomas Lord, Ifo fs an athlete and a gymnast, and about 1967 began to try his akill ns a shot at the old Conlin Gal- lery. The feats of Capt. John Travers, now of Cleveland, had become a tradition, though when Sandy Lawrence kenta ten-pin alley on the dite ofthe present Astor House, Travers’ Gallery attached to ft saw some wonderful extlottions of steadiness and skill with aimall arms. One of Capt. ‘Travers’ feats was to stiont awny a sil- ver three-cent bit placed betiveen his toes, und when Blondin crossed the Niagara he allowed Capt. Travers to put a ball through hls bat. From a doubting friend Capt. ‘Travers won a diamond ring by putting a shot through the ring, and hfs feat of picking an orange from his son's hend was tried acain und again. Sinco Coot. Travers’ timo billiards has driven out ten- pins, and rifle-shootlig at long distances los crowded plstot-suoting at twelve paces into disuse, Mr. Lord, however, confines his sport almost ontirely to the sinnltcr weapon, though he isa tine rifle-shot, Hols a mombor of the New Yori Club, and his backelor chambers arc adorned witha curious stock of platols, In Paris te has mot Paul do Cassagnac and others of the Froneh duelling clique, and astonished them by the vertainty of his aim. Tho Jorest and Stream, in an articld enriched with draw- ings of Mr. Lord's tarizots, ssyas “ For ton seasons past he has been chosen hy the Enulish-sveaking residents of Paris as their champion, ania well-chosen representative has be proves. On one occasion ho performed among other feats of accurate marksinanahip the following: Acap of an ordinary. musket: was placed Best the neck of a champagne-bot- tle, and Mr, Lord, standing at thirty-six fect, ar tielve paces, with an ordinary ductling-pistot picked off the can without scratching the glass, ‘The anme fent was repeated, but with the pistol transferred from: the right to the Jeft hand. Two moss caps were pick do with right and left hand firing respectively, but In these in- atances the pistol was held in a reyerse position, with the line of aight bolow Instoad of above the Uno of fire. ‘The uext shot wnsa fancy one, Mr Lord standing with back to the object fired at, Jeaning far forward, and then with piatul point- ed back between his leca pleklug off the cap 6 before, The last of theslx shota was mado, altting in a chalr, again with back to target” and leaning back until the target could De seen by the head nnd cyos bent back, Itiso favorite feat to suspend his watch—a fino im- ported piece, costins $250—nnd put stot after shot through the loop at thirty-six feet. A mateh or wooden tooth-pick Infd across the opening of the golden loon fs ent cleanly throuch, and, thourh the watch hos been undor fire acores ant hundreds of times, it avlll ticks optowarda the day witch may come when a bullet o fraction of an ineh out of the way may acatter the works fna ahower of wheols und pistons. “In abooting ot the word of command, as in ducling, where the seconds cry out: ‘Aro you ready?’ ‘Ready?? ‘Flre!—one—two-three,? the shaoter batug required to shoot butween the words 'ilro" and ‘threo,’ Mr. Lord, with a duel- ing pistol at twelvo paces, stritck down six three-fourths-inch bulleta bun up by threads, Such an adversary on the field of honor would aatisty the chivalrie yearnings of about any mortal, At the word tone’ Mr. Lord fired ten consecutive shots into a one and one-vighth-inch eltele, game distanca, =~ Tn Paris, where fantastic shooting is vory much in youue, he ls known as *Le Dinblo Amer- fenlne,? Ho has time and again at 15 paces put 100 shots consecutively into aspacg of an ordinar ploying-cord., Ona recent date, as showing hl ability for long-range fring with the pletol, he struck two caps aut of three shots at a distance of @ fect, As the ordinary musket cap is about one-olght of au inch across, the mera seeing of the mark was somewhat of , feat, but to sco and bit as woll was eoniething entirely beyond the common, Yet {t was doue at a cortaln hour previously agreed upon before alayze number of marksmen, Including many members of the New York nnd Zottter Killa Clubs, - With o Stevens twelve-inch barrel pistol, distance 123 fect, Mr, Lord picked off a couplo of three-quar- ter-inch bullets, using right and lott hund fu turo. ‘Three consecutive threo-quarter-Inct bul- fete fell at 45 feet before shots from a lnrge- alzed Smith & Wesson revolver, Russian movie), heavy trigger pull.’* Many attempts have been made to bring to- gether Mr. Lord and Recorder Hackott, anid the clubmen huyo backed these famous plstol-shots on several occasionn, but the Judge fs somewhat wary, AUSTRALIAN VENGEANCE. Awrlter on Australiaa Iifo relates the fol- lowing atory in the Huston Commerciat Ttulletin : Ono eyaning on return of the miners to camp there was a torrible outery from ono of the tents, Scores of miners rushed in a body tothe pluco whence the ery issued, und found o miner bonding over his mato, who, hay{yg been sick, had not gone out thutday, ‘Tho sick man was dead, witha dogger In his heart, apd the box on which be lay fora bed showed evidenco of haying been broken open und rifled of Its con- tents. ‘The body was still warm, showlug that the deed had but recently been perpetrated, Thoininers {immediately scattered in purault of the murderer or murderers, An hour later o mon was brought in,—oue of the most villain: owslooklog characters I over behold, His pockets were filled with gold, which was fdont!- Nod by thy strylying mate aa the property of himsolf and hts dead comrade, ‘“here was no nilstako about the matter. ‘Sie baga in which the dust was contained wero marked with the jolt names of the mates, ‘and the identity of tho nuggets the surviving inate awore to, ‘This as auilcient to gatabllat the guilt of the uccused. Seine were tor hanging ‘him on the spol) but the law-ablding portion of the communtty, bolng in thu majority, tneistea upon bis havlig a fale trial. Ho wos remauded for the night and a guard placed over him. Noxt morning he was missing, How hu had cluded the guards they knew not, but that uo had osvaped there could bu ne doubt, What wus worse, he curried off the gold with him, which had been placod jn safe-keoping in the pan with him tu be usod as testimony agalust hin, ’ It was deemed {dle to pursue him, but a de- sertption of the murderer was drawn up and circuluted and a reward offgred Lor bls capturos dead or alive. A tvook passed atray without any tldings being heard of the fugitive, At the end of that timo a native came into camp, and, lenying a lottur for the presiding magistrate, disnpperred af suddenly na he came. ‘Thelotter Was curt, bit it won to the point: Mr. Magistrates Jim Boll (the muarderod man) Was once a matey of mine, {lo was a good man, You will find Wt Grimes, his murdoror, nt the head of Dead-Horgo Gully. 1 have kent the gold for the reward, Kaxoanoo itn, + Captain of the Bashrangers, A party of miners immediately proceeded to the locality described, expecting to God tha anurderer fastuned to 9 treo or rock. What was their horror on. npproachin the pince to ft nothing bus a festloss akeloton, every bone picked clean until it gllatened like tyory in the gun, The bushrangers had rouyed the myr- derer, and then, driving stakes into the ground, they lind fastened him, back down, to in ant- HIN, "Fhe ants of Victoria are as voracious ag death. ‘The murderer had been eaten alival A SLIGHT. MISTAKE. Cincinnath Enquirer, A countryman walked {oto ono of tho leading wholesalo nad retail dry-goods aid millinery es- tablishmente on West Fourth streot yepterday, and, after looking around a while with mingted astonishment und delight, picked up a lady's handsome cap and sald: ie “Thats nll-fired fino goods for the tronoy.” ‘The clerk entd it was certainly very cheap and, A very excollent quality of goods, at tha samo tine wondering how the stranger knew the prico of the article without ankin. ii “Goods is "way down, an’ that’s n fect,” con. tinued the countryman; ‘but, blessed if] sca garment with much curiosity. “Goods nover were so low ns now," explained, tho clerig: “nud, besides, we impart auch enor mous quantitics of them (it we can sell them at the lowest povalble Agure.”? Ht st Sliding further along the counter, the rural delegate picked up # rich opera cloak, and after admiring ft for some the, and without asking if it was St or 875, suid be beloved it was the cheapest, pleco of goods he hud ever Jald his cys on, “JT inowan little gal,” sald he. witha al y wink ot the snlesman, “that'll jest ny 'om wll out in that shawl, Wrap ter up, und tho fr with a red string, an’ the money's yourn.” The salesman tied the package with ared atringy, as directed, nit ald it dotyn br the conn. tet a8 the countryman shoved over a handful of colt. “'Thore’s only 99 conta hore,’? sald the clerl, a8 he counted the Inst copper into hia hand, ‘Well, how much did you suppuso there was there?” “T want $12.50." aatd the clerk, ‘The vonntryman uttored 0 prolonged whistle, and then asked: + “Isn't this 0 99-cont store??? * “Not by a Jugful it lan't. This fs on import~ ing antl Jobbing establishment, one of the Jarg- est—' - i But the countryman was gone. The parect had drupped irom his nerveless grasp. Ho reached the -slacwalk, und, looking up at the big, ble 90 whteh fndicated the number, re- marked: f ‘ a “All Tyo got to say fe if this ain't a 0 shebang, they’d botter take in their signi" FRENCH NEWSPAPER-WIT. New York Wort, + + * “My dear str, I adore your daughter, and 7 wish to nsk for her bond.” “Dut I have two; which one wilh you have! Either.’ “How many sacraments ore there? says the fond mother who §s teachtog her daughter tho: catechism. ‘None, nay the privat has just given the last one to the sick gentioman across the way.” "They wero speaking yosterday of X., who has Deon appointed ton foreign miseion, “Ho's 4 bad egg,” anys teracly one of the interlocutors, who had had frequent cause to complain of him. “Ont but you know,” said the other, “that ie is yery capable"? “Yus—capabls of any. ping. ‘To noble sportsman enter clark: Clerk— “Monselgneur, M. lo Boss has seat me round to say that now that you have won tho Grand Prix he thinks you might pay him something on that little account." Noble Sportsman—" Toll your honored employer thut IT hayen’t won the (rand Prix, My horse has, Let hin go and dun the horge.’* Calino, who spends his aummers in the cour try, has tio olectric bells at the head of his bed, “One of these bella. is for your servant,” re- marks one of his friends; ‘but what uac do you make of the other?” “Oh! that one leals to the dog-house to notify my dog to bari tT shoold hear burglars In the house.” ‘There fs in Switzerland a little inn, much fre- quented by travelors, which has no other attrace tlong to commend it except the healthiness of the locality und the beauty of the scenery, Dur- ing the flrat days of their sojotirn the rapt vis- {tors pass mostof the dinter-hour gazing on the lovely scene before them, but, ns thelr health is restored and they take long mountain-ram- bles In the bracing oir, they develop remarkablo appelites, ‘The innkeeper, thouch ho has mate hia calculations for this contingency and charges accordingly, !s none the lesa horrified and dis- gusted, Big, big D— tha Alps!” he sars at ast, shaking his first at thom; * if tt wosn't for these infernal excrescences I'd make a for tune here’? QUIPS. The song of the top—Hum again, 'Tovhonge window-glass to tins Leavo the window open when it rains, and it will beat fu. , A child without lege has just been boro. “Thank Heaven!” sald the weeping father, “this will never be achampton pedestrian.” A beautiful custom prevails in many parts of Europo of planting a treo upon the birth of every child, It saves wear and tear of slippers. Acertain Covercssman boasts tliat he {so “gclf-made mau.” ‘Those who know blm best say he never did undertako to make anything without botchilug it. “Hlavo you the song, *Saccharine Futurity!” naked s girl ofthe muste clerk, Wa have,” hie answered, os with 9 pleasant smite be rolled up a copy of "The Sirect-By-and-By."" Anew paragraphist, after wrestling threo hours to build n conundrum to the answer One ts 3 dato seed and the other te sedate" gaye Up the task In despalr.—Norristowns Herald, Ayoung man may do agreat many foollsd things, but he will never wear a palr of white pautatoons to a picniz but once, Ho will never forgut the largo amount of fun he didn’t bave on the first occasion, “Gi Jones,” sald a bully urchin to another Jad, ‘the next timo I enteh you alone Pl flog you ike anything, + Well,” repllet Bill, “Latn't often much alone; £ commonly have my logs aud fists with mel”? One day Inst weok a North Hill man mado s wager that he could cut thirty ogas in tulrty minutes, Ho lost the monoy.: The first eae di the businoss for him. 1t was uo young inex perlenced ogc. It was a venerable old sec and ft did it with tts {ttle hatch’t,—Durdelle In an out-of-theeway town In Now Hampshire Hyes an eceentr(e old farmer named Greeley— an own coueta of the lamented Horace, by the way,—who found hts collar atatra hned to climb onaceount of the hight of tha stops. Alter careful consideration, ho- htt upon the devico of nalling a pleco of two-inch plank on exch, {a order, 96 ho sald, to ‘bring om nearer toretli- ers ‘and contended that ho nuticed ‘a lesile tote of improvemont.’” ————— Growhoppers In Dakotas -A correspondent writ'uy from Yankton, Di kota Territory, under date: of June 20, ‘Territory ts allve with Indians und grass! that the gardens hava been planta twice, un cach time tayo beon catan close to tho grovd! ‘t Dy the fnsect. ‘The farmers for miles aroun Teport the crops about all deatrayed, A descrir tlon is given of the grasshoppers on atone day, the 10th: fonts, lexvlns M8 bods Fore northwest, at whieh time, when they the ground, they seemed like a dengo cloud, bide {ng the sun frou ylew. a + Electors in tha United Kingdom, A parllamontury return shows that the fatal number of oluctors now on the registor fa the Uunted Kingdon ts 9,090,220, "In Engtant aod Wales the numbers aro: Countless 835,0105 boruuala, 1,509,810; uulvorattics, 18,051— totaly 2,400,009,” Tu ireland thars aro 172,510 electors im cguutics, 65,247 In boroughs, -und 8,472 a ‘Trinfly Coltege, Dublin,—total, 981,299, 19 Bcutland the numbers aro: Counties, 0105 Boruuelia, ALES wnlversitics, 11,48%,—totals ADL, —_—_-—- ‘Wheat In tho Argoating Republic. ‘Tho growing of wheat ona lorge scale In the Argentine Republic has only beeu earcled ue : two or three years, and yet at last hewn forty Vessels wero loading in the Klver A with wheat for Europe. ‘Pho country fauce, Hiling up with emizrants froin italy at re and Germany, und promised soon be Soh a i eoumpatitar fo grain-slipments with the Uo tates ———--" Now Ho Saves sane ‘aitads Cetowayo {9 sald to save a good dea aud trouble by killlays prisoners: instead of uiajne talning prisous, at ‘burying paupers alive atead of soudivg them to poorhoususs how a thing Uke that. can be built for tice the * money," aud be examined thodelteately wrought A \