The New York Herald Newspaper, May 9, 1876, Page 5

“THE COURTS. The New York Elevated Railway Injunction. Justice Daly's Opinion Reviewed by the General Term. THE EFFORTS 10 SAVE RUBENSTEIN. ‘The suit brought in the Court of Common Pleas by Jobn Patten, owner and proprietor of the Pacitic Hotel, tm Greenwich sireet, against the New York Elevated Railroad Company to prevent the construction of a turnout in front of his hotel, in the progress of its burried but acrimonious litigation bas reached tho General Term. How a riot seemed imminent on count of the persistent prosecution by the railroad com- pany of its work in digging the foundat:on for its pillars in front of the hotel and interfering with Mr, Patten’s vault; how a temporary injunction was granted by Judge Van Brunt against the ratlroad company, re- raining it from continuing ita obnoxious work; how Chief Justice Daly bas made this injunction perma- Rent; how an appeal was taken from Jadgo Daly's decision—all these facts have been given in the Hyranp. It was on the appeal referred to that the case came up for argument yesterday before the General Term, Judges Robinson and Van Brunt being vn the bench. General Roger A. Pryor appeared for Mr. Patien, and 8x-Judge Emmot for the railroad company. Ex-Judgo Emmot, who opened the argument, insisted that tho tiste of the plaintiff does not extend to the middle ot the street, or include tho land within tho limits of the Breet; that the piaintifMs deed plainly excludes tho poy bee that, whatever may have been the ttle of the plaintiff's granwra, the plaintifl’s boundary, as given by his deed, is the west side of the street, and not the street itself, or its middie thread or line, He next took up the question of the title of tho pean i Bas Rad franchises. Pita fn act passed Apri , this company was author- \wed to build aud operate an elevated railroad with a motor since disused, for a certain distance, as an ex- iment, Commissioners were provided by the act, 10 were, among other things, to examine this experi- mental structure, and if they thought proper to cer- tily to 1ts success. hh aoe obtaining this certiticate this company was authorized to build this kind of a road along Greenwich street and N.nth avenue to Harlem River, The experimoutal section was accordingly ‘Duilt, and the comimissioners ccrtified in favor of it July 2, 1867. Thercapon the company continued the construction of the road to Twenty-ninth street, This $s the present structuro, only the plan of motive power having been changed, in a manner hereafter shown, from ct mee pert 4 to locomotive power. In 1868 an act was passed with reforence to this company. The only pt of this act to which ho deemed it necessary refer was @ Clause authorizing the chango of tho name of the company from West Sido and Yonkers Railway Company to West Side Elevated Railway Com- pany. In July, 1868, the West Side and Yonkers Rail- way Comparly filed a certiticate, authorized by its stockholders and officers, changing its nm to the West Side Elevated (Patented) Railway Company of New York if aod ever afterward did business under thm name. Immediately thereafter, on the Ist of August, 1568, under the name of tho West Bide Elevated Railway Company of New York, at executed a mortgage of its road, property and franchises to trustees to secure bonds which it issued. This tos was allerward foreclosed at the request of the bondholders by a suit in the Superior Court of this city. Judgment of foreclosure and sale was ob- tained September 7, 1871, aud on tho 5th of October, 1871, the property, Toad, rolling stock and franchises of the company were sold under this judgment to James A. Cowing. On the 9th of May, 1871, that compuny, acting under the name of the West Side Elevated Rail- way Company, made a second mortgage of its road, operty and franchises to James A. Cowing. On the th ot October, 1871, the New York Elevated Raflway Company, the present defendants, were duly organized ‘ander the Genera! Railroad law. The second morigage to Cowing was foreclosed by a suit iu this court; the Toad, property and franchises of the former company under that judgment on the 6th of December, 1871, purchased by the prosent dofondants and eonveyed to them by the referee by deed dated December 7, 1871. On the 2d of January, 1872, Cowing, the purchaser at the ule upon the foreclosure of the first mortgage, conveyed $o the defendants all the road, property and franchises so purchased by him. Tnis, it was claimed, maxes a periect deduction and chain of title to the franchises, Fights and broperty originally of the WestSide and You- kers Elevated Railroad Company, The mortgage by that company was id. He insisted, fartner, that by virtue Of the title to these franchises the detendants were act ng legally m constructing the turnout in question. He DOXt 100K up the question as to the constitutionality of acts under which the franchises were held, and rT in conclusion that the order continuing the Junction was erroneous and should be reversed. In rep! General Pryor made an equally lengthy argument. He claimed that Mr. Patten was owner in fee of the land 4p the street, and as such was enutied to the injunction; ‘that he owns tho svil of the street usque ad medium Slum vim, subject only to the casement of a public way ; that tho use of a street for a railroad 1s an adaitional Durden beyond the public easement, which cannot be impored by any power without compensation to the owner of the ; that actual payment or statutory provision for compensation was x condition precedent appeliant’s right to take or enter upon respondent's Boil in the street; that respondent's property in the soil of the street invoives the right to construct vauits auder strect; that the actual possersion and occupancy of piaintiff, under claim of ownership, for more than twenty years, and in the adverse, exclusive and continuous possession of himself and grantors for more than sixty Years; that this constitutes conclusive evidence of re- Spondent’s right to maintain the vaults, and that from this conceded state of tacts that the soil in the street, Fespondent’s property, has been invaded and subverted and his vaults broken, penetrated and occupied by ap- [oy in the construction of a permanent railway to built and operated over respondent's land, and all Without consent or compensation, it results’ that he resents a clear case for injunctive relief. He imsiats, riher, that the constructing and operating a railroad $n a street without competent authority was a public nuisance; that only the Legisiature can authorize the construction of a railroad in the street, He next con- sidered the act of 1867, which, he claimed, was Moperative to authorize the construction of the turnout, He insisted that this act is unconstitutional in that, being a private and local bill, it embraces sev- eral sabjects, one of which, the construction of a per- manent railroad, including this turnout, is not ex- pressed in its title; if valid the act purports only to authorize a const yn to be completed witbin tive years from the 22d of April, 1867, and does not pretend to authorize the structure here threatened, a turnout for the use of railway carriages propelled by steam; that tho act of 1868 is ineffectual to authorize the struction i controversy; that it is unconstitution: that, being a private and local bill, either it embrace: two subjects, both of which are expressed in the ut and so the whole act is void (Gvoiey on Const. Lim., 148), or else, embracing several subjects, its title con: they have been in after the lapse of the original limii tion; that if valid the act purports only to authorize the construction of a railway before the 22d of October, 1873, and gives no authority to erect this turnout in 1876; that the act of 1875 16 equally nagatory for appoel- lant’s purpose, being palpably repugnantto sections 17 and 18, article 3 of the constitution of the State, aod Uhat, being a public nuisance, and productive of a par- tieul and peculiar injury to respondent, ho has a Fight to interdict construction of the turnout. ‘At the close of the argument the Court took the Papers, reserving its decision. BUICIDE VITIATING A LIFE POLICY. There was an interesting argument yesterday in the Buperior Court, General Term, before Judges Sedgwick and Speir, upon the question as to whether suicide vitiates a life policy. The argument was in the suit brought by Harvey Weed agaiust the Mutual Benoit Life insurance Company to recover $10,000 insurance on the life of James M. Benedict, The policy of insur- ance was taken out in November, 1864, with a clause Ju the policy that the same should be void in case the insurer committed suicide. Three years later M Benodict abot himself in the head. At the close of argument the Court took the papers- IGNORING THE GENERAL TERM. An trropressibie smile crept over the faces of the Judges of the Supreme Court, General Term, yesterday, with a laugh generaily among tho lawyers present at the extraordivary position in which a single judge sought to place counsel, as well as the Generai Term, oy an order granted im the case of John A. Gray against Sam- gel W. Green and Henry A. Burr. This cause having been culled by Judge Davis, Mr. BE. A. Dickerson for the appellant, Green, answorerd to (he cause and stated that since the General Torm bad, on Friday jase, femied the appheation of Mr. John &, Burrill, who rep- fesen' ray, for a rehearing of atormer motion in that case, and fefusing to delay the ay from further be had been served by what purporied to be an order made by Judge Donohue, which orders that all ruceedii on the part of Green be stayed il Mr, Burriil’s appeal to the Court of Appeals trom order of ive Genoral Term be decided. Mr. Dickerson expiamed that immediately upen being served with that order on Saturday Jast he returned potice to Mr. Murril! that he would move at General “Ob- viously,” added cou the vruer of the General Term bn earned from by Mr. Burrill is not an appealable order; bat the question now to be decined is—Loes this order of Judge Donohue, dated Saturday jast, when Jadge Donohue wag not thon sitting in Special Term or Chambers, and which upon its face howhere appears to be an order Maa one ia Court, stay this Court, an appellate bunal, ym proceeding in a cane wherein farther delay in this appeal iwi deen already refused’ Ip other words, avder these circumstances ir, Dickethon having recited the proceedings) can Judge Donohue, ax a judge out of court, control the Dasiness prescribed to ve done in the General Torm 7” Ai.or a statement by Sr. Clarkson N. Voter, who jor Mr. Burrell, who was absent, the General abuve interrogatories Ske sesaered the above in : NEW YORK HERALD, TUESDAY, MAY 9, and decided to racate Judge Donohue’s order, was done. THE OASE OF RUBENSTEIN. Before the Supreme Court, General Term, of the Se>- ich ond Department, Judges Barnard, Gilbert and Dyck- | man on the bench, a motion was made yesterday to strike from the calendar the case of Pesach N. Rubeu- stein, convicted of the marder of Sara Alexander, und ‘whose execution under such conviction was prevented by the stay of ings and writ of error granted by Judge Brady, of this department. District Attorney Britton apd Assistant District Attorney Snell _repro- sented the gforle, and Messrs. John 0. Mott, Wm. A. Beach and Wm. F. Kintzing the prisoner. The motion was deuied and cause set down for argument on Friday next. Should the General Term afiirm the con- vietion and refuse a new trial Rubens will again be brought before the Court for resentence and suffer the extreme penaity of the law, unless an additional writ of error 1s obtained taking the case to the Court of Appeals, BLACK FRIDAY SUITS. Jules R. Gimbernat, a broker, has brought suit against Jay Gould to recover $89,000 for commission on a sale of $865,000 worth of gold on Black Friday. The defendant, as tho plaintiff alleges, refused to abide by the coutract, whereupon the suit was instituted, A murrer was ipterpored to the complaint on tho ground that the plaintiff did not state suiicient facts to constitate a cause of action, inasmuch as the damages: were not properly set forth. The demurrer was ar- gued before Chiet Justi¢e Monell, in the Superior Court, Special Term, yesterday, and decision was reserved. SUMMARY OF LAW CASES. William 8. Ketley, the Special Term Clerk of tho Court of Common Pleas, has written a work on the law and practice of insolvent assignments in the State of New York, with forms, which must prove of great ben- elit to the logal fraternity, Tne Court of Common leas being the County Court in the county of New York has jurisdiction over these proceedings; and on account of is official position st is to be presumed that the prac- tice as Inid down by Mr. Koiley meets with the appro- bation of the judges of that Court. The forms are very fall and complete, and will be found very useful. - Sigismund Nettell, who, with his fathor, Theobold Nettell, was arrested some time ago, ed of having commlited a forgery in Austria, was under examina- tion before Judge Blatchiord yesterday, on a writ of habeas corpus. There was also a motion for the dis- charge of the prisoners on the ground that thero was not sufficient evidence to hold them. Judgo tchford dismissed the writ, and said that the question as to ovi- dence could not be decided until after the examination was concluded, DECISIONS, SUPREME COUBT—-CHAMBERS, By Judge Lawrence, The People, &c., vs. The Bleecker Street and Fulton Ferry Railroad Company and Southworth, &c.—I will grant an order to show cause. Mullesive, Burchell.—In this case I desire the coun- sel for tMe respective parties to flie briefs pointing out the precise questions which they wish the Court to 88 Papernhelmer va, Willis—In this case I seo no reason for granting the application for a reargument. Tho defendant demands affirmative rehef, a8 1 understand his answer. He asks that the alleged deed be declared a Late a and that the plaintill be compelled to re- cover the property to him upon payment of the sum which may be found due to them. Taylor vs. Mabie et al.—Counse! have omitted to pre- sent their notice of motion to. the Court. The motion cannot be decided until 1 have the notice before me, ‘Stewart vs, Lappin.—Motion to vacate order of arrest granted, with $10 costs. The Murray Hill Bank vs. Flandrow.—Motion granted and catse placed on Special Circuit calendar for May 26, 1876. Cranksbaw vs, Langley.—The supplementary affidavit is not verified, In the matter of Hatch.—The motion or poremptory writ of mandamus 1s granted. The ailidavits seem to show a technical demand and refusal. No costs. Murray vs. Armstrong.—As these arc on the day calendar of Special Term I do not think I ought to in- terfere: Leave 1s given to move before the Justice holding the Special Term, and the motions before me are denied, without costs. Hoe vs. Buckmuster ot ewer outas sham. Moyland vs. Tyrel, 46 N. Thompson vs. Erie Railway Company, 45 a i Youngs vs. Kent, 46N. Y., 672 Motion denied, with- out costs, Vath vs. Vath.—Reference ordered to Moses Ely to ascertain and report whether counsel fee and alimony should be granted and the amount thereof, Wyckoff vs. Bardon.—i.ct an order be entered di- ark the plaiptiff to Mile security for costs in the sun of $1,000, Ferniss vs. Ferniss.—This is an action for limited divorce, and, as L regard it as extremely doubtful whether the plainuff can succced, I must deny this mo- tion, without costs, Jones vs. Jones, 2 Barb. Ch, Rt., 146; Stevens vs. Stevens; Coddington vs. Cocdington’ 10 Abbt., 450; Morrell vs. Morrell, 2 Barv,, 480, Banta vs. Kont,—The defendant’s counsel is re- quested to send in bis points im these cases. McLean vs, Worman.—Why 18 this application made to the Court? The action Is for the recovery ef money only. (Sec Code, sec. 246.) Mahoney vs. Gieb et al.—The aflidavit served with tha notice of motion being contradicted in respect to the alleged value of the mortgaged premises, 1 do not think that I ought to appoint a receiver. Tue motion is therefore denied, with leave to renew on further affidavits. In the matter of Lingard va, the Receiver of the Third Avenae Savings Bank.—I shall coniirm the referee's re- port, but will not impose costs upon the receiver, who seems to have acted in good faith. The petitioner should be paid amount of referee's report. Bishop vs. Davis.—The affidavits apon which the order of arrest was gravted appear to me to disclose a case of fraud for which tue lendant was huible to be who made the orde passed upon the quostion which was within his di cretion, and I think correctly. Bennett vs. Jordan, 2LN. ¥., 238. As this motion is based solely on the Mdavits on which the order of arrest was granted, the egations in these aftidavits are to be taken as true, The motion must jherctore bo den with leave to the defendant to renew upon further affidavits, No costs of motion. Barnett vs. Benjamin.—The motion is denied on the ground that an order of arrest in an action on contract may be granted upon facts entirely independent of thowe necessary to be stated in complaint. See Wait’s Code, p. 179, and cases cited. And also on the ground that the allegations of {raud in the complaint were ne- cessary to show that the plaintiff was entitled to bring the action before the term of credit originally agreed upon had expired. In the matter of Barton, &c.—In consequence of tho fact that one of the petitioners is related to me, without the degree which prohibits ajuago from acting, [ must decline to puss upon this petition, 2K. 8. p. 279; 2 Barb, ch. 331; Higbe vs. Secor, and 1 Delno., 184, Present this to another judge. Harriott vs. Emerson et at.—Conceding the law to be as chumed by the counsel for the detendant, it seems to me that the defendant’s remedy is not by an appli- cation at Chambers \o dismiss the complaint. The mo- tion should be made wheu the case 1s moved for trial at | the Special Term, or if the answer does not sufficiently resent the iacts the defendants should nove at Cham- pers for leave to amend the answer.—Motion denied, without costs, Elmendorf vs. Tue Globe Fire Insurance Company; Wheeler vs. The National Bank of Commerce; Kochler vs. Wheelin, —Orders granted. By Judge Barrett, Hart va, Pettit.—If the receiver still declines Mr. 's offer of $200, as to the sufficiency of which | ex- bo opiuion on these papers, there must, im view reference to take proof as to all the facts and to r with his opinion. It will be referred to Phi T. Ruggles, Keq., or any other gentleman of equal stand- ing who may be agreed upon by the parties. M vs, Watkins.—he plamtil was to submit some authorities upon this motion, which bh tal todo. I assume, therefore, that he has been unable to discover any, and that the decision denying the motion which was made upon the arguwent, but delayea to enable the plaintiff io look up sach authorities, ought now to be promulgated. Coleman and another vs. Huart.—Motion to vacate order of arrest denied, with $10 costs. In the matter oi Ely, Jesup, Adler, Wilkins, Morgan, Branch, hawt Moore, Lester and Shaw, to vacat asseasinent.—I have no recollection o1 these cases and woula like an explanation before signing the orders. ‘Tho Philado!phia and Reading Cowl ana Irou Com- pany vs. Butier,—Tihe action ts realiy a creditor's bill, ‘The relief asked :# to set aside certain mortgages and to have the plaintiffs’ judgment decreed to be a vahd hen upon the reaity, This is not for the recovery of the realty of an extate or interest therein. The plain- Ui, if he succeeds, will recover judgment on real property, not any interest on costs therem. Defend- ant will recover the right to have the real estate sotd to some one, who by sich sate will acquire an interest. All the plaintiff can acquire is the satisiaction of us judgment out of the process. The other points go to the jurisdiction of the Court and should be presented vy demurrer or answer. The motion to change tbe piace of trial must be denied, with $10 costs, QUPREME COURT—SPKCIAL TERM. By Judge Larremore. Delafield va. Smith et al.—Jadgment for platotiff as prayed for in the complaint. SUPREME COURT—cmmcuIT—raRT 2, Judge Donohue, —Case settied. By Norris vs. De Woll. SUPERIOR COURT—SPRCIAL TERM. By Judge Monet. Gould vs. Moore.—Motion to vacate order denied. 8ce opinion, Tyng vs. Marsh et al—Order denying motion for re- setliement. Folsom vs. Herring. —Ordored on short cause calen- dar. Donaldson vs. Aldrich.—Order vacating summons and order ‘or examination of detendant betore trial, Hagatd et al, ve. Gross etal; Phillips vs Grosset al, Ordered on short calendar, Smith vs Crow et al,—Order confirming referee's re- port of sale. . ‘The National Park Bank of New York va, Gunst.— Order settied and filed. COMMON PLEAS—ROUITY TERM, By Judge Van Brant. Braender vs. loerschke.—Decree wigned, Kamena vs. Warner. —Findings settled, FI“TY-SEVENTH SIREET COURT, | Before Judge Kasmire, CHARGES AGAINST THE POLICE Officor Hess, of the Eighteenth precinct, arraigned charges contained in the opposing affidavit, be a | Henry A. Toner, owner of a lager beer saloon, at No. ! 923 avenue A, on a charge of disorderly conduct, apd | his wife Lena on a charge of viclating the Sunday Ex- cise law. He testified that he saw Mrs. Toner im the act of drawing something trom a keg and that there wero glasses with beer in them on a table, at which sat two men. The latter and Toner swore that thore was not a drop of beer on tap in the place when the arrests were made. Toner also swore that the arrest of nim- self and wife was the result of spite on the part of Cap- tain Garland and his officers on account ofa letter which he had written to the captain some time ‘ago, in which he threatened to scek relief at the bands of the Police Commissioners, if the crowd of loafers who were in the habit of con; ing at his corner were not compelied to keep away, He had also refused to give the police either cigars or liquor without money ; and this and that put together he believed to be the cause ef bis arrest and that of his wife. ‘The Court thouzht it to bo his duty to investigate the charges hore made; and for this purpose, as well as to give the officer an opportunity to make good his case, the examination was set down for to-day. The Court felt interested to Know how many other places beside Toner’s were open in the Kighteenth procinct on Sun- day, Officer Hess could not tell him; but a prisoner, whom he had for intoxication, mentioned two liquor storca, at least, which were open all day. . COURT CALENDARS—THIS DAY. Surxeuz Courr—Coamnnns—Held ar Judge Law- rence. —Nor, 45, 76, 83, 103, 109, 114, 116, 123, 38, 125, 137, 211, 214, 261, 264, 275, 281, 302, 313. Sorkeme Court—GrxzraL Txru—Held by mg Davis, Brady and Danicls.—Noa 83, 139, 140, 142, 59, 29, v0 98, 143, 14344, 144, 146, 147,135, 138, 148, 149, 5! SUPREME AT—SreciaL Txru—Held by Judge Larremore.—Demurrers—Nos. 4, 5, 6, 18 Law and tact—Nos. 93, 309, 97, 96, 423, 303, 409,'95, 112, 311, 40, 818, 350, 334, 322, 328,'329, 200, 261, 362, Supreme Covrt—vircoir—rart 1—heia by Judge Donohue.—Nox, 2971, 1545, 847, 1109, 14254, 1721, 1311, 1585, 1587, 1509, 130, 1623, 1685, 1049," 2019) 2868, 1717, 1719, 1789, 1741, 1473, 2861, 2831, 2332, 1515, 2770, 1759, 1765, 1767, 357, 1335, 1309) 1683, 1698, 1377, 1687, 1703, 1817, 1771," 1775, 1779) 1781. 1783, 1780. 1791, 179, uti. Part 2— Hold by Judge Barrett—Case on.—No, 2338, No day calendar, Part 2—Adjourned until Monday, May 15, 1876. Scregion Count—Gexrua, Tarw.—Adjourned sine ie. Superior Court—Srectat, Taru—Reld by Chiet Jas- tice Monell.—Demurrer—Nv, 8. Issues of faot—Nos. 14, 39, 5, 20. Scrmxion Court—TRut Taru—Part 1—Held by Judgo Curtis.—Nos, 1070, 1017, 1018, 1076, 1982, 715, 1052, 4120, 1987, 407, 1069, 1071, 737, 1079, 1080, Part 2— Hold by Judge Santord,—Nos, 957, 958, 297, 897, 1675, 1037, 1366, 722, 608, 741, 856, 919, 1084, 838, 720. Common Prkas—GuxenaL Taia—Held by Judges Daly, Robinson and Van Brunt.—Nos. 3, 19, 14, 17, 51, 55a, 58, 61, 109. Commox Puxas—Kquity Tenu—Held by Judge J. F. Daly.—Noa 1, 2, 13,3 Comox Pieas—Triat Tenx—Part 1—Hela by Judge Van Hoeson.—Nos, 1999, 1754, 9563¢, 2079, 1697, 1550, 1718, 955, 606, 2447, 1104, 1900, 1621, 2103, 1680, 1211, 869, 1658, 1097, 177, 1164, 1859, 1871, 2078, 1074, 2110, 211i, 2112 Part 2—Adjourned autil Monday, May 16, 1876. Marine Covrt—Tria, Term—Part 1—Held by Judgo Sheridun,—Nos, 535, 446, 4064, 4056, 3878, 3004, 3312, 3036, 365, 1914, 4187, 4189, 4190, 4191, 4192. Part 2— Held by Judge Goepp.—Nos, 5271, 4048, 3187, 4104, 4132, 581, 3044, 4059, 4126, 6534, 7621, 6490, 6705, 1358, 4061, 4084, 4085, 4134, 4122, 412% Part 3—Held by Judge Alker,—Nos, 5363, 7560, 7561, 7031, 7030, 6988, 6982, 1027, 7088, 6963, 6970, 6675, 6760, 35:31, 2583 3g. Court of GmaNERAL Srssions—Held by Recorder Hackett,—The People vs. Edward Gannon, man- slaughter; Same vs Erich Ruyter, robbery; Same vs. Thomas Kilkenny and Mary J, Johnson, grand lar- ceny; Same va Emily Comstock, grand larceny; Same vs. William Korcb and Patrick Markey, grand larceny ; Same vs. William Fay, grand larceny; Same vs. Thomas Lynch, assault with intent to steal. STOKES TO STAY IN PRISON. Povoukenrsts, May 8, 1876. The General Term to-day dismissed the writ of certiorari in the Stokes caso, and confirmed the action of Judge Dyckman dismissing the writ of habeas corpus, and Femanding Stokes to prison. The case now goes to the Court of Appeals, THE MOULTON-BEECHER OASE. Povauxrersix, May 8, 1876 At the General Term this morning the case of Moulton against Beecher was, by consent, put down for Thurs- day noxt. REAL ESTATE. Tho following sales were held at the Exchange yes- terday, in the presence of a small assembinge:— E. H. Ludlow & Co, sold, in foreclosure, a plot of land, 35x200, on Third street, Morrisania, south side, near Washington avenue, to the plaintiffs, the Repuolic Fire Insurance Company, for $2,000. E. A, Lawrence & Co. sold, in foreclosure, two plots of land, described as lots Nos. 479 to 488, inclusivo, on Nichols place aud Prescott avenue (strects marked upon the Central Park map), a part of the Dyckman estate, for $9,084, to the Excelsior Savings Bank, the plaintiffs. TRANSTERS. &, 125 ft. e. of Sth ‘and wile to Eliza Bizot A, WN Ite, Of 2d av. husband 25x98.9; Jacob 165x080; Mary L. Cutting, ay ste. Reobsts and vi to Walter 8, 190 fe. of 10th w in to A. 8. Kaliske, 128d st., n. s., 225 (6. w. of Gth av., 75x16 T. Thomas and wife to John Murphy. .. 175 thew. 10th 17x itrey 94.60. w. of Henry Harris and wife to Benj: Toth wt., & &, 75 ft. w. of Madison av., 25x102. George W. MeCullom to Henry H, Powers. ‘Toth st... s, 100 ft. w. of Madison av., 25x102 128d at., n. s., 225 tt ‘Tox 100.11; Alberton and wife to Akin T. Thomas... Gd st., 5. s., 250 tt. w. of Sd av., 5OX105. 10 and wife to Walter 8, Waldron. 5 ft. s. of Spring st, 25: stall i SG Tw. ot Sherman to 1. Mendelsom... Gist rt. 5.8, L75L. w. of Ist av. E. Lansing to Salomia taht ath av, 2d 0 | sume to Tah st, & lith av., n. sam Ot a ear } dares 1. Sutil UAH Hh, Wem, 17 wel D: Seward,to I. \ | Fulton st. (No, 64), 3 yours; William’ Morgan 2,000 $ years... ipa Saanders, w. s. Tebout av., ward); 4 1,009 8,000 | a of Lith xt, : ineta 4,900 Pirrson, Jobn and wite | w. 8. 8th of Guth st. 3,500 | eth 3,309 Chainbera st. w. of Chit Hammond, William, to Auby ‘or ) Clidton, neat Rivington st, (tear lot) ; 2 yea 500 | ate and husband, to Geo. 3. Diowsy, w ‘and 106th st. (3d ward) 500 ) month McQuade, Patrick, to Seaman's Sank for Savings, w. 8 77th st, ©. 2d. x NOT THIS BROGAN. New Yorn, May 8, 1876 To tam Epiton ov tae Heraco:— In the law roports contained in last Thursday's Henao appeared the articio headed “Kxonerating a Police Surgeon," which speaks of a transaction between Dr. Yowell anda man named Brogan, who had deavored, through improper means, to be appointed on the police force, im which the name of Joba ©. Brogan erroncously appears. Have the kindness to ovrrect by stating that it was James C. Brogan, and not John C. who figured in that very donbttul transaction, As am the only John C. Brogan in the the above San'U.'D ice to early as much attention in England at the time of | torn up. | know by having travelled on my bicy: ; Somebody who a short time since hired it for a bail | think that rubber tiro is sute,’? suid Mr. Butle | had better take my udvice—get another, You m: jure yourself seriously through using it."’ Mr. stanton BICYCLING. History of the Sport Here and in Europe. AMERICAN AND ENGLISH CHAMPIONS. The Coming Contest at the Rink—Stanton and Butler's Practice. At present a novelty in the sporting world and ath- letics is bicyeling. In England it has long been the rage and has commanded the attention of some of the most prominent men in that eountry, where tho ma- chines used ore considered great mechanical atds to people’s locomotion. Aside irom this consideration. business utility—-the bicycle has grown to occupy a prominent place on the turf since D, Stanton has taken to measuring speed with horses, many of which he has Deaten in long runs, say of from six to ten miles each. Besides him, however, aro other great bicycle riders in Europe, such as Keen, Markham, Moore, Thaillet and others, who are al! goud men, able to do filty miles in good time. They have, however, succumbed to Stan- ton from time to time im contests which attracted their occurrence as ‘the Derby.” For some years back this interest in the peculiar sport has been gaining ground in Evgiand and in France. In the former it has become ‘established among the betting men as one of tho best risks for their money; im tho latter polite society has long since taken it up asa pastimo, and in Paris there-are dioyele clubs, tue members of which make Jong jour- neys of pleasure trom one end of the country to the other on their machines in fine weather, often riding from cighty to one hundred miles aday. The custom is to travel along the highways from town to village and from village to town, pausing to luneb, sup and sleep wherever the hours for these refreshments find them. Bicycling has therefore become a sort of fine art in these countries, and it is astonishing what specd can be attained by experts. For example, at one tithe Stanton accomplished tho extraordinary feat ef riding on a bicycle 650 miles in seven consecutive days, und at another time he rode 106 miles in 7h, 58m, and 54348. His feats and those o: other weil known riders in the Old World bave become old stories, but now there isa interest awakening among Americans in this amusement which bids fair to command a largo share of popularity. Years ago all our young people were anxibus to become expert velocipedi but the vehicles were clumsy and the thoroughfares not adapted to them, so that the keen desire for this species of locomotion dicd out to be revived by the introduc- tion of the greatly improved English and French bicycles and the achievemonts of transatlantic cham- pions, Our own riders, Messenger, MoClellan and Harding have acquired distinction by their efforts to arouse enthusiasm in bicycling; but their achieve- ments have not been of a character to kindle any very great flame in the popular heart. They have,however, laid tho foundation fora good excitement which it is believed will blaze forth almost immediately, THX FIPTY-MILK RACK, Just now, of course, the coming contest at the Rink next Wednesday night between Messrs. D. Stanton, tho Jamous bicycie rider of Great Britain, and Mr. William Butler, the champion of Kentucky, engrosses the atten_ tion of lovers of athictio sports, The latter gentleman 1 not @ professional rider, but is, nevortheless, ono of the most expert velocipeaists in the country, Ho is a very young man and well known in our best social cir- cles. He was a membor of the Bicycle Club in Paris, and rode from that city to Brest on his favorite vehicle, He has made a journey of 152 miles in Franco between sunrise and sunset and took a silver medal in a race 1876.--TRIPLE SHEET. Butler aia. He is @ rare good rider.” At the termina ion of thig run the mem were im excellent condition, Just warming to their work, A BICYCLE TRACK NEBDKD. For some time pack many gentlemen this city have taken a great deal of interest in this kind of sport, many of them being perfectly williag to extend their | npn and countenance to contestants in this peca- port But their good intentions have been by the lack of places wherein to practice bicycling. lost Of these gentlemen belong to the club in Paris, and some of them are really expert rider: ut know- ing that it would be next to useless to form a clab here because of the bad thoroughfares and the want of a track in any of the parks, they have doue nothing toward os- tablishing a bicycle club here. Some of the levers of the sport sought permission irom the Park Commissioners to ride in the Central Park, either in the morning or evening, for practice. It was repre- sented to those officials that the bicycles would not be ridden at ony other tims in the day than that specitied in the permit, But this appeal was unsuccessful, and was denied by the Fark Commissioners on the ground that these machines would frighten horses and occasion accident, Now, what is wanted by the admirers of this ‘Sport is the privilege to ride in some sequestered part of the Park where nobody can be disturbed nor any animal terrided. They think, and justly, too, no doubt, that room could be made for them in the Central Park as well as for base ball players. Strong efforts are going to be made to form a bicycle club in this eity soon, and it is confidently hoped that ju a short time there will be as Many patrons of the sport here as there are in England. Americans ure not Inkewarm when they be: inter- ested in anything, and if the club which is likely to be formed in New York ouly get a chance to use a por. tion of the park for u track bicycling wili be fostered, is will be witnessed in the tumn evenings by our citizens. Experts will grow and perbaps Mr, Stanton and his French friend find their betters ere long. Tinmediately after the fifty mile match next Wodnes- day evening Mr, Stanton is going to Washington to ru against a trotting herse, He will then go to Chici for a similar purpose, aud returning to New York go against time from Jersey City to Philadelphia, He has other projects in view. LEXINGTON RACES. 5 Georgie Bowman (ifth, The Bencher sixth, Goldsberg seventh and Carrie Anderson eighth,¢ Time of the mile, 1:4335. ‘SUMMARY. ay. Laxincros, Ky., May §, 1870,—Finst Day or Spring Mrerine or Tux Kentucky Assout,Tion- Rack.—The Phonvix Hotel stakes, for three year-olds, $50 each, p. p., $300 added, one mile and an eighth, closed with 15 bominations. Value, $1,050, T. J. Nichols’ b. g. Vagrant, by Virgil, dam Lazy, by imp. Scythian, 87 Ibs (Kairey) 1 A. Keene Richara’s ch. f. Ci Dance, Dam Alexander, by imp. Sovereign, 37 Iba, 2 Jas. A. Grinstead’s ch. ¢. Knapsack, by War Dance, dam Sue Bosaberty, by Mickey Free, #0 Ibs...... 0 9 4 ‘ To F. B. Harpers gr. &. Very Fme, by Engineer, dam Fanny Weils, 87 Ibs. enone . A. Buford’s bik, c. Yandall, by Enquirer, dam Grand Duchess, by Vandal, 90 Ibs... .. A Jas A. Grinstead’s br, f Janet, by Lightuing, dam Kelpie, by Bonnie Scotland, 87 Ibs. ,..6.....+..-+ oar . Time, —1 356%. On the track, but lamed in breaking away. SammDay—Secoxm Rack. —The Filly Stakes, for two- year-olds, $50 entrance, $25 torfeit; with $250 addot; the second filly to save her stake. Half a mile, closed with 11 nommation Lyle & Scuily’s b. £ by imp. Hartington, dam Laura Bruce, by Star Davis em Green Clay's cb. f Gl by imp m Sally, by imp. Sovereign. * 2 A. Buford’s blk. f. Lizzie Whipps, by Grand Duchess, by Vandals... sen. se0 3 James A. Grinstead’s ch. £ Mohun, by Gilroy, Sequin, by imp. Eclipse. ececenees 4 H. F. Vissinan’s bik. 1 by imp. Australian, Lida, by Lexington... ..4. aacuntaa th 5 Green Clay’s ch, 1, by Gilroy, dam by Ringgold @ Time—b2 4 ‘seconds, Same Day—Tuiay Kack—Purse of ), for all ages; bord vo the first and $50 to the second horse. One mile, James A. Grinsteud’'s ol Gilroy, dam Mishap James A. Grinstead’s ch Austrahan, dam Income D. V. Johnson's br. 1, & wood, dam Lute, A. P. McGrath’s b. b. Aa by Tipperary, dam Lue: J. Hi, Miller's ch. m. Goor, Lexington, dam Annie C. B. G. Thomas’ b. ¢, The Be: f. Misdeal, 4 years, by =o FIRST DAY OF THE SPRING MEETING OF THE KENTUCKY ASSOCIATION--FINE WEATHER AND EXCITING EVENTS-—-VAGRANT, THE HARTING- TON FILLY, AND MISDEAL THE WINNERS, Lexixatox, Ky., May 8, 1876, The spring meeting of the Kentucky Association bogun to-day under the most favorable auspices, thoro being moro strangers in attendance than have been on tho grounds for many years, The track was in fine condition, the slight rain of the previoustday having improved it considerably, ‘The attendanco was excel- lent and was argely composed of Iadies from tho town and surrounding country, all of whom take. great interest in turf events ‘They mado a fine display and enjoyed the sport hugely, It is @ pleasure to witness the excitement that per- vades the grand stand during the rauning here, and at no meeting, in the year will it be found to be more | genuine, Tho @ay’s sport passed off with seeming Satisfaction, notwithstanding that the best horses on- | gaged were not the winners in every’ instance, Aaron Pennington haying lost by an accident in his race, TUM PHOENIX HOTEL STAKES, The first raco was the Phenix Hotel Stakes, for three-year-olds, ono mile and an eighth, each carrying 90 pounds, Six camo to the post, these being F. B. Harper's gray filly Very Fine, James A. Grin- stead’s brown filly Janet, same owner's chestnut colt Knapsack, T. J. Nichols’ bay gelding Vagrant, A. Berford’s black colt Yandall, and A. Keono Richard’s ghestnut fiily Clommio G. Vagrant was theffavorite over the field at three to one. On a false start Janot broke away from the man who had her at the post, threw ber rider, and lamed herself so much that she had to be withdrawn, When the drum was tapped by Major Thomas, Vagrant sprang of with the lead, Knapsack second, Very Fine third, Ciemmie G. fourth and Yundall fifth. As the horses passed the stand Vagrant led a length under a strong pull, Knapsack second, Very Fino third, Clemmie G. fourth, Yandall lust, Vagrant galloped strong around the upper turn, with daylight between himself and Kaapsack, Very Fine still third, Clemmie G. fuurth and Yandall as before. Alter Vagrant began to ascend the with the champion of that country for expert riding. He ts tall and sim, not weighing more than 150 pounds, and 18 in very good contlition. Yesterday afternoon, as ou former occasions, both the men wok a traint ride at the Rink on Third avenue. A Hxnatv reporter, who happened in there about three o'clock, found Mr. Stanton making preparauons tor what he called a short hour’s “spin on his machine.” Ho is about five feet, eleven inches high and weighs about 166 pounds, He te in excelicht conditioa, and looks as hard as iron, Ho was chalking out 4 rack, the entire circuit of the Rink, with the aid of a line and whiting. This some- what tedious operation occupied his attention tor more than an hour, because it was necessary that the oblong should be as pertect as possi- bie, and as nearly the size of the course to be’ travelled on Wednesday night as it could be made. The reporter addressed Mr, Stanton and asked him what he was about to do,** Ob,” replied Mr. Stanton, * I aim just going to take a spin on my machine for practice, You see,!I have not been abie to ride for the last few days, owing to the circus that was here last week, and I feel alittle out of conditiv You must know that a man cannot afford to neglect his practice inthis kind of thing on the evg of a race, Jor be needs all his skill to run successtully th longthy a courseas that we afe about to travel, Fifty wiles will try a.man’s powers,” “What do you think of bicycling in this country? said the reporter. “Well, 1 hardly know what to think of it,” re- plied “because I have not seen much ot your country. About New York, it seems to me there Is not | that keen interest felt in it that might be expected to exist in such a large sporting centre. Perhaps this is Decause your streets and roads are sadly against bicycle riding. They are rough, stony and thronged all the Ume by cars and vehictes. If you had a track or prac- tice ground in ono of the parks perhaps gentlemen | would take pleasure in the exercise, and sports, matcnes and displays might be more frequent. You can see how popular bicyeling 18 io England when 4 tell youthat | | the shops in Wolverbampton were ull closed on the day | of my last race in thas meighborhood. The people took | such an interest in the coutest that they flockea by | thousands to witness it Bicycling has become porma- | nently established tu the Uld Country, and commands as much attention there nowadays ax most of the horse races. You, no doubt, have heard of the effort to | train postmen to ride bicycles so that they may use them on their routes. in some places, | have been | given to understand that the effort has proved saccess- | ful, and it is hoped that 1 will be generally a. ‘This 1 feasibie in England, especially hood of the metrupoiis, wuere the road: ized and hard, affording the very vest sui for this kind travel. Jt ig said that the government ts going W experiment with these vehicles in th Z in my judgmest, an infantry soldier, with all 0 imag coutrements, could make a journey of fifty or sixty | ¥e miles a day quite casily. Theretore, you seo what ap advantage this would be in ee Europe during a | war when forced marches were nogessary and railway In those days the roads Of France, Germany 4 and other countries are very good ones, us | over many ot Au them.” “THK PRACTICK 8PIN,”? Having completed his courve to his satisfaction, Mr. Stanton called bis attendant and ordered | | him to bring hig riding costume, which consisted ofa pair of short buckskin breeches and a light Jersey suirt. He then reared to bis dressing room, and a few minutes afterward appeared with what he styled hissmail machine, Jt lad a large wheel fifty-iour inches in diameter, with a sinalione behind to steady it, and the whole affair was built in England by Keen. As the Rink flooring ot pine boards had been waxed by room, it was very slippory and dangerous to ride over. Thereiore Mr, Stanton had the machine wheel shod | with rubber, which he fastened. on to the tires | with span yarn to prevent its yielding or being twisted | of Aboutten minutes to four Mr. Stanton leaped into the saddie apd went away at a rapid gait. Ho | gradually increased his speed, lap atter lap, until about the wixwenth or seveateenth, when the rubber tire of the larger wheel slid off and the machine swerved sud- | denly. Beturo any one well knew what had happened | Mr, Stanton was thrown several feet from the vicycle | and rolled over and overon the floor, The workinen | and spectators rushed tPhis side at once, in tue belief | that he had been seriously hurt; but the hardy follow | was on ily feet 1p an instant, dusly and bleeding, but ucumber, He had really sustained a + for he was going at the rave of fitecn or miles an Luar when fell; moreover, the fail broke the handie of the vehicle. ‘The rider brought it to the side of the Rink and repaired damages. ROTH MEN AT WORK. While be was thus engaged Mr. Batler came in and | said :—"Stanton that was a heavy fall, Are you hurt?” “Not mach,” said the other, whose arm was bleed cop hh near the elbow. “This played me false, I have nov had such a mishap for a long, long time. It shakes a icilow, thanked bis rival heartily tor his suggestion and | continued ‘< ‘agro using a8 belore span yarn and waxends. After the lapse of fifteen | or twenty minutes he was ready again as was also Mr. Butler, who appearea on tho plattorm in a costume similar to that worn by Stanton, and with a bieyele afty-six mnebes in diameter. Unlike Mr. stan- ton, who mounted his machine {rom the siding of the platform, Mr. Butler gracefully vaulted tnto his saadie from the floor, aud side by side they started off to practice, Me. Butler is vot nearly so muscular as his rival, but he rides splendidly, went to work on his traming tour with a will, The Engiish- man forced the pace several times to test | the mettic of bis antagonist, wno galiantly accepted each challenge and frequently passed his adversary. The rate of speed be imagined, when it is known that according to the calculations of the rink men, tho champions made seventeen miies m half an hour. They oe tans tna feet apa' a close, = After the Stanton Lp reporter thet je considered Mr. Butlor the best ticycie rider he had encountered in America, To use his own words;—"1 do not know & man mm this country that could have kept beside me during the last bali hour so well ag Mr, | Parole, | any hill, between the half mile and three-quarter poles, he ran away from the others, und at the three-quarter pole was four lengths in front of Knapsack, Clemmie G. third, the others far | away and entirely out of the race, Knaysack bolted as soon as he got into the homestretch, and then Clem- iio G. went up second, but she was nowhere at the finish, as Vagrant came down the homestreteh like a face horse and won the dash by over forty yards, seem- ingly running at his greatest ease, Cleminic G. was half length in tront of Knapsack, Very Fine fourth, Yandall fith. Time of the first mile, 1:4%, and of the eighth, 18%¢ seconds; total, 1:56%. VAGRANT, the winner, 1s a bay gelding, above fifteen hands three | inches in height, with four white legs and a blaze face. | He has a neat, pretty head, stout neck, running into | well inclined shoulders, great length, good barrel, | which 1s well ribbed home, tremendous quarters and stifles and sound feet and legs. He hasa very easy | moving way of no friction of labor while running, and | glides along a perfect daisy-cutier. A colored Jad | named Rairey rode him well in the race, Colonel Bruce of the New York Turf, Field and Farm, purchased him for Mr. William A tor, with all bis engagements, tor $7,000 cast Vagrant started six times as a two-year-old, winning on five occasions. His first essay was in the Alexander Stake, balfa mile, Louisville, when he beat twelve others, Malmistio, Grit and others of the same quality being in the number, At the fall meeting of the Ken- tucky Association he captured a has yhmed three. quarters of a mile, eight being behind bim and ‘he | Nipper and Creedmoor wore in the lot, ‘The next day, sane place, he won another sweepstake, one mile, beat- ing seven others, the best of his otd antagonists being in the rear. Ho won tho Holle Mead Stake, three-quarters | ot a mile, fall meeting of the Louisville Jockey Club, and wound ap the year by winning the Sanford Stakes, same place, two days thereafter. His only deteat in his two-year-old form was in the Tennessee Stakes, spring meeting of the Louisville Jockey Club, in which | rried 92 lus. (including 5 Ibs, extra), but finished reedmuor, with 90 Ibs. up, being first, and saine weight, second, victory and purchase of Vagrant started speculn- tion very lively on the contest to take place between Vagrant and Creedmoor at Louisville, and tne st at present is that the Louisville Derby will be the greatest betting race that has taken place for many years, A WINNERS OF THE PUGINIX HOTRL STAKES, Winner. Subs, Starters, Time, ATIIBL. cess eee 12 8 2:12h5 Aaron Pennington. 16 6 1:57 ‘en Broeck. Vagrant. educea from one milo an and ao eighth; dead heat for second place between Big Feilow and Excel. THK VILLY STAKER, ‘The second race was the Filly Stakes, for two-year- olds, a dash of balf amile. Seven faced the starter, These were Greon Clay's chostnat fily Glenella, James W. Sarvel’s chestnut tilly Crosslet, Ji A. Grin- stoad’s chestnut filly Molnn, A. Butord’s black tly Lizzie Whips, Green Clay's chestnut filly, by Gilroy, dain by Ringgold; Lyle & Scutly’s black ‘filly, by Aus dam Lida, and the same owners’ bay filly, by | imported Hartington, dam Laura Bruce. Glenclia was | the favorite. Lizzie Whips was first away, alter halt | an hour wasted in getting them into position, Glenella | second, Gilroy's tilly (dam Ringgold) third, Mobun fourth, the others ina banch. Going around the up- por turn they were all iapped on each other in a cluster, filly alightl; in the lead, Lizzie Whips second, the Gilenella filly third, with te others so close that they could not be separated, Time of the first quarter, 26% seconds: Running up the homestretch the race was very doubt- fal unul the youngsters reached the wiro, the Harting- ton flily being first at the score by a length, Glenella second, Lizzio Whips third, Mohun fourth, the Aus- tralian filly (out of Lida) fitth, the Gilroy-Ringgoid filly | xth. Time ot the second quarter 26 seconds, and of | 9 half-mile 6214 seconds, 1% WINNER jaa small bay filly, id hands 3 inches high, witha | small star, right hand foot white to pastern, and little white around the left hind foot. ing filly, with Tacing cut abont hi She ts a speedy look. ular quarters, and eb ort Onn rte. ‘he third race was adash of one mile for s purse of | 0, Eight horses staried, comprising J. A. Gri wtead’s chesinot filly Goldmine, J. HB chestnut Georgie Bowman, T. . gibben’a ch ee D. V. Jobn- son’s brown oble, . P. Me@rath'’s bay horee Aaron Pennington, B. G. Thomas’ bay colt The Bencher, James A. Grinstead’s chestnut fiily Misdeal, and 8, J. Saiyor's bay mare Carrie Anderson. Aaron Pennington was the favorite at ubout even money over the fleld, Grenoble with the second choice, The horses had a very pneven start, occasioned by the vicious temper of The Bencher, who delayed the start for half au our, When the drum was tapped by General Bulord, Misdeal had a good deal the best of the send off, Goidaine second, Grenoble third, The Bencher fourth, Aaron Pennington fiith, sixth, Georgie hth. There Bowman seventh and Carrie Anderson ‘was no change of place around the tarn, nor along the backstretch until past the halt pole, when Goldmine went to the front, Aaron Penni closing up and taking second Grenoble third, Mixdeal fourth, The Bencher fifth, ldsberg sixth, Georgic Bowman seventh, Carrio Anderson cighth. As the horses approached the three-quarter pole, and when Aaron Pennington waa lapped on Goldmine he grappled his off forequarter and instantly fel off again to ith place, This accident lost Peunington the race, as the others got away irom him so far before he began ipamas ae or) his chances wore entirely tadeal from the homestretch, by 2 eng imino he second, Dick, dam by Jack Malone 7. J. Megibbon’s ch, c. Goldaborg ington, dam Alice Jones... 8. P. Salyor’s b. m, Carrie Anderson. Timo—1 48. ona o TC-DAY'S RACES, The Lexington races appear to be very popular with speculators, as the pool selling was quite spirited last night, McGrath's lot were fancied in both events, not withstanding the poor show made by Pennington yous terday, The following pools wero sold:— MILE MEATS, Kelly, Johnson. Thomas, Aaron Pennington. wo 30 60 2 Sallie Gardner. & 20 22 20 20 35 40 Pry 3 4 18 ONK MILK AND A HALF HANDICAP, Rob Woolly, 110 lbs,... 20 40 50 25 uu Chesapeake, 108 Iba. . 25 40 21 a Monmouth, 114 Ibs. 22 35 18 25 1B 2% 12 15 iu 20 9 10 5 lo 5 10 6 6 6 10 Katie Pierce, 105 Iba, 12 Mo 15 MATE AT NEWMARKET. In reference to the performance ot Mr. M, H. San- ford's bay horso, Mate in the City and Suburban, run at Newmarket 25th uit, the London Sportsman suys:— An object of some attention in the paddock was the American horse Mate, who was supported at New- market last week on behalf of his owner. Without seomimg to carry so much flesh as did Preakness in his engagement at headquarters, Mato yet looked decidedly on the big side, though we are told that in America the horses have invariably ran when in that condition, Mate was one of the most powertul horses ever seen at Epsom, bui it is evident thatthe forelgnors have not speed to compete with the English thoroughbreds, though on longer courses one or two of Mr. Sanford champions may win races, and it is to be hoped that the team will not return to America without. proving yictorions on this side of the Atlantic, for the owner has shown the greatest amount of enterprise in sending a lot of raco horses to England. THUNDER'S GREAT PERFORMANCE. The performance of Mr. H. F. C. Vyncr’s bay horse Thunder in winnivg tho City and Suburban at New- market, with 130 Ibs. up, calls forth special comment by the London Sportsman, 26th ult., the day following the event. it says:— Thunder’s performance in the City and Suburban was that of a great horse, aud one eutitiing him to take the highost rank among the most remarkable of our handl- cap winners. Heavy weights have been carried to the front in many of the most important races, and old horses with big imposts have beaten highly-tried juve- niles before to-day, but in connection with the City and Suburban thore was no precedent for the achieve. ment of Thunder, Argonaut won (1865) under 123 Ibs., and although nineteen finished behind the late > Joseph Hawley's son of Stockwell, tho three-year-ol were scarcely so tly treated as the immediate at- tendants of Thunder; for when Argonaut won The Grinder, who was second, had 86 ibs., and Swordsman, the third, a pound less, ‘A grand horse like Knight Ot the Garter could get no nearer than third to Speca- Jum (1868) and Abergeldie (1867) with 127 Ibs, on nie back, yet he won the Chester Cup with that identical weight, Cremorne’s performai under 128 ibs. a Epsom in Mornington’s year Was a smare ono, but that ot Thander bas eclipsed them all, ior he ) ima canter, the distance in his favor being three lengths. Thundet is by Thunderbolt out of Violante, a mare by Mel- bourne out of Stitch, and he was bred by Mr. Alexander, the dam dying the year afver foaling Tnundor, who dur- ing his career bas won nineteen races, of the valuo of £6,195, The late Baron Rothschild claimed him out of a selling races at Newmarket tor £1,000 on behulf of the Duke of St. Albans and Mattbew Dawson, who wor some race with him, and then sold the horse to Mr, Vyner for £2,000, the chief reason of the parchase being to get a horse to lead Camballo in nis work last year, Archer deserve woru of praise for the way in which he handled the winner, who must be regarded as a wonder, for itis impossible to think that those who fluished behind him represeuied a moderate lot of horses, Thunder ts engaged in the creat Cheshire Stakes at Cheshire, for which the mapusts have not yet been made known. A NEW YACHT. Mr, Willis, of Port Washington, has just Jaunched ¢ new open sloop named the “Thémas Paine,” which br intends to enter in the Centennial regatta, Her dimen sions are as follows ;—Water and deck lino, each 27 tea 73 inches; keel, 7 inches deep by 11 inches wida depth of trunk, 3 fect 6 inches; beam, 12 feet 94 inches; centre board, 9 feet 2 inches long; stern pout 4 tect 6 inches; stern, 3 feet 9 inches; covk pit, 12 fee! 8 sche: 1g She is to be rigged with jib and main. d will have her mast stepped this week. She is ‘a suit of pone satls supplied by John Sawye: similar to those Worn by the Maudo, W. T. Lee, Broo! lyn and other well known flyers. She is to make atrial trip on Saturday next, aud will fy the pennant of the New Rochelle Yacht Cup. YACHTING NOTE. Yacht West Wind, N.Y.Y.C., from the eastwara passed Whitestone yesterday in tow tor New York, BASE BALL NOTES. The Mutaals dofeat ‘the Bostona at Boston yester- day—5 to 1—the eds’? not scoring until the last inning. At Philadelphia the Hartfords again detoated the Athletics, the score being 7 to 4. The Mutuals and Hartfords play on the Union Grounds this afternoon. S INTERNATIONAL CHESS TOURNA- MENT. For soveral weeks past a match in which the most famous players of America and England will be brought together bas been undor consideration. On Saturday next Mr, Alberoni will leave for England and will carry with him papers authorising him to arrange all the preliminaries of the match. Immediately upon hi best players in Enginnd rr compote with those in America. By a arrange. ment with the cable company they agree to send three moves of the contending parties each day, and it is be- Heved that if this contract 1s fulfilled the match will be decided in leas than two woeks. AMERICAN PLAYERS, York, challenge t Messrs. MeKonzie, ardson, Barnett, Brenzingar and Delmar will control the American game, while the English will be under the direction of the most celebrated ers that the Wost End Club can briny er, The entire expense of match is asoumed Mr. Laeders, enw In addition to tho prizo money, a medal has been offered by Mr. Sheliha, mpon one side of which is an pe bt ys iribate to the victor, and upon the other ot which will be represent upon a chess of black and white enamel the successful move of the WHAT MR MULLEN MAY Do. Yorxnns, May 7, 1876 To tae Enttor or tax Heraip:— In your Sanday edition 1 noticed a challenge from Edward Mullen stating that he is ready to maken mateh with Brown, Smith or Oddy. Now, what I Mason, Richi wish t© say is that, while ‘tm Yonkers prior (0 going to Chicago wis went to Mr. Mullen to ¢ome to aed & on a match with Oddy, which he ‘to do, did not put in an appearance. Now, if Mr. Mullen is willing to make a match with Oddy and te show bask ess, let him ne ee of tho New York Clipper and it will be immediately covered; or lot im come to Yonkors and bs can bo tor Flow oe upward JARLES W. . .