1830.]

RECORDS OF PENNSYLVANIA.

Governor, by message, mentions it to the Assembly. Answer of Assembly to Governor, declining supplying recruits for Admiral Boscawen's fleet.

373

Sept. 20. Supplement passed relative to hiring car-warriors have waited some time in hopes our counsellors riages to the service.

Oct. 7. Meeting with the Indians, Tedyuscung, &c.

at Easton.

Oct. 8. Present-Governor and 6 members of Council, 6 committee of House of Assembly, 2 New Jersey commissioners for Indian affairs, masters and freeholders of this and neighboring provinces, and citizens of Philadelphia (chiefly of the people called Quakers), George Croghan, deputy agent, &c. 3 Mohawks, 39 Oneidas, 19 Onondagoes, 74 Senecas, 20 Tuscaroros, 56 Nanticockes and Conoys (now one nation), 20 others, 11 Tuteloes, 30 Chugnuts; Tedyuscung and sundry men, women, and children, of the Chehopockes alias DelaWares and Unamies; sundry men, women, and children of the Minisinks or Minnays; several men, women, and children of the Mohickons; sundry do. Wapings or Pumptons-men, women and children, chiefs and warriors. Conrad Weiser and others, Interpreters.

Tagashata (Seneca) spoke: "Here is another belt by which we were invited lately to come to a council fire that was kindled in an Island near the sea. This surprized us as we never heard of a council fire in an island (meaning Burlington). We know of no council fires but the old council fire at Philadelphia and the great council fire at Philadelphia."

Oct. 9.

Gov. Bernard, of New Jersey, arrived in consequence of a request from the Senecas and Cayugas.

Oct. 11. Tedyuscung said he and the Governor had made up their differences and he was now only a hearer. | Oct. 12. Indians spoke and said they had brought about an union with the Delawares and Minisinks on the Susquehanna, and had also sent messages to the Indians on the Ohio under the French influence.

Oct. 13. Indians were asked why the captives were not restored according to former agreement. Pirquitoman, who with Frederick Post, were sent to deliver to the Ohio Indians an account of the transactions with the Six Nations, &c. now present. The Ohio Indians requested another message, and that they longed for the peace and friendship they formerly had. That the English needed only to be strong in order to revive it.

Oct. 15. The chiefs of the Mohawks, Senecas, Onondagoes, and one in behalf of the Oneidas, Cayugas, Tuscaroras, Nanticockes and Conoys, spoke-"Said they thought proper to have discourse about their nephew Tedyuscung-that you all know he gives out he is a great man and chief of 10 nations. This is his constant discourse. We do not know him as such. We desire to know who made him so-perhaps you have if so, tell us. It may be the French made him so." They promised to look for the prisoners and return them.

Oct. 16. Answer of Governor-that Tedyuscung had come only as a messenger from 10 nations, and chief of the Delawares. That he never made Tedyuscung chief over them, nor did T. (in conferences) assumehe always called you his uncles and superiors. He was sorry if he had at any time assumed to be otherwise,&c. He disclaimed any right to make Kings for them; he accepted those they appointed.

Oct. 17. After the Menisink Indians also had promised to deliver up their prisoners (which included then all present) the warriors were to speak and Thomas King was appointed to deliver their words. He arose and delivered an exhortation as well to all concerned in public affairs Governors and their councils, Indian chiefs and their councils, as to warriors of all nations white people and Indians, desiring all present to attend carefully to what was going to be related, as matters of great consequence which would serve to regulate the conduct of English and Indians to each other. He added that the reasons going to be given had taken a great

deal of trouble to put them in order, and it was made on information given by the several Indians now present who were acquainted with the facts. Brethren we the would have taken the matter in hand, but as they have not done it, we have at their desire undertaken it, and they have approved of it. I say the counsellors of the 5 younger nations, as well as the 3 older nations have approved of what the warriors are going to relate; and take notice that the speech is not only the speech of all the warriors of the elder and younger of our nations, but of our cousins the Delawares and Minisinks. Thos. King then directed his speech to the Governors and all the English upon the continent.

Brethren, You have been inquisitive to know the cause of this war, you have often enquired among us, but perhaps you did not find out the true cause of the bitterness of our hearts, and may charge us wrong, and think that you were struck without a cause, by some of our own warriors and by our cousins. But if you look a little about you you will find that you gave the first offence. For in time of profound peace, some of the Shawanese passing through South Carolina, to go to war with the enemies, were taken up and put in prison. The English knew they were going to war and that they used to do it every year; and yet after they had persuaded them in a friendly way into their houses,they were taken up and put in prison, and one who was a head man of that nation lost his life and the others were severely used. This first raised ill-will in the hands of the Shawanese and as the French came a little after this happened to settle on the Ohio, the Shawanese complained of it to them and they made an artful use of it, set them against the English and gave them the hatchet. Being resolved on revenge they accepted it and likewise spoke to their grandfathers the Delawares saying, grandfathers are not your hearts sore at our being used so ill, and at the loss of one of our chiefs? Will not you join us in revenging his death? So by degrees our young men were bro't over to act against you. On searching matters to the bottom you will find that you in this manner gave the first offence. This we thought proper to let you know. It may be of service for the future. You may be induced by this to take better care in conducting your business in council, so as to guard against the breaches of friendship; or as soon they happen in corresponding immediately with one another and with the Indians who are in any wise concerned on such occasion. This was the cause of the Shawnese that I have just now related, another of like nature has since happened to the Senecas; about three years ago eight Seneca warriors were returning from war through Virginia, having seven prisoners and scalps with them. At a place called Green Briar they met with a party of soldiers, not less than 150, who kindly invited them to come to a certain store and they said they would supply them with provisions; and accordingly they travelled two days with them in a friendly manner and when they came to the house, they took their arms from the Senecas'. The head men cried out here is death, defend yourselves as well as you can which they did and two of them were killed on the spot, and one, a young boy was taken prisoner. This gave great offence; and the more so as it was upon the warriors road and we were in perfect peace with our brethren. It provoked to such a degree that we could not get over it. He wished the boy returned and told his name Squissatego.

Brethren, we have one word to mention of the same nature and which was the very cause why the Indians at Ohio left you. When we first heard of the French coming to Ohio we immediately sent word to the Governor of Virginia and Pennsylvania. We desired them to come and likewise to supply us with such things as were proper for war, intending to defend our lands and hinder the French from taking the possession of them. But these Governors did not attend to our message; perhaps they thought there was no foundation for our intel

ligence. The French, however, came and became our neighbors and you neither coming yourselves nor assisting us with warlike stores, our people of necessity were obliged to trade with them for what we wanted, as your traders had left the country. The Governor of Virginia took care to settle on our lands for his own benefit; but when we wanted his assistance against the French he disregarded us.

purchase. "On this subject you will therefore please to confer with them and settle the boundaries between you that they may release accordingly, before you leave this place and set your minds at ease. As to Tedyuscung's complaints "you know brethren that there is an old agreement between the proprietors and you that you will not sell any of the lands lying within this province to any one but them; and they never take posses. sion of lands till they have bought them from the Indians. you know also that the United Nations have sold lands to the proprietors which your nephews the Delawares now claim as their right. This is the case with regard to some part of the lands lying between Tobiccon creek & the river Delaware which Tedyuscung the day before yesterday in your hearing said the proprietors had defrauded him of." The Indians requested the deed. It was produced and they said they well remembered it, and knew their chief who signed it, some were present now. They sold the land and were honestly paid for

Message agreed to by the Six Nations and the Governor, to the Ohio Indians, in answer to that by Piquitomen- requesting to protect Frederick Post, and send him safe back; that if they were earnest in desiring reconciliation, they would keep their young men from attacking our inhabitants; they would give orders that their people should be kept at a distance from Fort Duquesne, that they may not be hurt by our warriors; and leave the French and no longer help them, but go to their towns. Oct. 21. Governor of New Jersey agrees to give the Minisinks $1000 for their claims for lands, which was accepted.

Brethren, at this Treaty you justly demanded to see your flesh and blood (prisoners.) We have pressed this on our cousins the Minisinks and they by this string desired us to assure you, the Governors, that they would make strict search in their towns and sincerely comply with your request and return all the prisoners in their power. Then speaking to the Governor of New Jersey-Brother, our cousins the Minisinks tell us that they were wronged out of a great deal of land, and the English settling so fast they were pushed back and could not tell what lands belonged to them. We may have forgot what we sold but we trust to you the Gov-it. ernor of New Jersey to take our cause in hand and see that we have justice done us. We say that we have here and there tracts of land that have never been sold. You deal hardly with (us.) You claim all the wild creatures and will not let us come on your land to hunt for them. You will not so much as let us peel a single tree. This is hard and has given us great offence. The cattle you raise are your own. But those which are wild are still ours, and should be common to both. For our nephews when they sold the land did not propose to deprive themselves of hunting the wild deer or using a stick of wood, when they should have occasion. We desire the Governor to take this matter in his care and see justice done. Then speaking to the Governor of Pennsylvania. We must put you in mind that 4 years ago you bought at Albany a large tract of land over Susquehanna extending from the mouth of John Penn's creek to the Ohio. The proprietaries agents then paid 1000 pieces of eight, for the part which was settled by your people, that have since been driven off and killed; we acknowledge to have received payment for those parts which were settled, but for the other part that we have not received payment for that we reclaim. Our warriors or hunters when they heard that we had sold such a large tract of land disapproved our conduct in council. So now we acquaint you that we are determined not to confirm any more than such of the land as the consideration was paid for and were settled, though included in the deed. They are our hunting grounds, and we desire the request may be granted and notice taken, that it was made in open conference. Then said they had done. Tedyuscung then spoke. "About 3 years ago 9 of the Goshen Indians (or Waping tribes) were killed at Goshen in time of peace." Repeated that from Tohicean as far as the Delawares owned the proprieters had wronged him. Wished to know the decision of king George upon it, as it was agreed to be laid before him.

Oct. 19. Governor Bernard spoke and promised to examine their complaint. Tedyuscung addressed the six nations, "Uncles, you may remember that you have placed us at Wioming and Shamokin; where Indians have lived before. Now I hear since that you have sold that land to the English, let the matter be now cleared up in the presence of our brethren the English." "I sit here as a bird on a bough. I look about and do not know where to go; let me therefore come down upon the ground and make that my own by a good deed and I shall have a home forever. For if you, my uncles, or I die, our brethren the English will say they have bought it from you and so wrong my posterity out of it. Governor D. promised to inquire of the Governor of Virginia for Squisatego. That the proprietors in consequence of complaints 3 years ago made at Albany to Sir W.Johnson had empowered C. Weiser and R. Peters, to execute a deed for the lands reclaimed by the Indians on their confirming the residue of the

Tedyuscung spoke, and said, having examined the deed (for lands beyond Kittochtinny) it was known well. Nutinius of their (Delaware) chief men had signed it; and one named Philip Compass, now present, got a part of the money. They agreed to it, and acknowledged it was fairly sold. They give it up and now confirm it. This is not the land I have disputed with my brethren, the English. That land lies between Tohicion creek and the Kittochtinny hills.

The Cayuga chief now spoke, and complained that instead of settling council business, they were kept bearing disputes about lands; and did not come to the chief point.

The messengers to the Ohio (Puquitomen, Thomas Hickman and others) took their leave.

Oct. 22. Mr. Frederick Post arrived with news from General Forbes, that a large body of French and Indians having attacked his advanced post at Loyal Hanna, were repulsed with loss on their side-which news he communicated to the Indians.

Oct. 23. Large quantities of goods delivered, hats, clothing, tobacco, &c.

Tedyuscung said no answer had yet arrived from King George; when received it would be immediately communicated. Put them in mind that New Jersey was now freed from Indian claims. Governor Denny takes leave. and thankful.

Indians all satisfied

Oct. 24. Messrs. Weiser and Peters execute the deed of release, and the Indians that of confirmation, and agreed to the map or draft annexed to the latter.

Oct. 26. Deeds acknowledged. As to Tedyuscung's request for a deed of lands at Shamokin and Wyoming, the Six Nations said they had not power; they would carry it home to be considered, in the mean while he might live on the lands; desired him to return his prisoners, which he ought to have done. "It was a shame for one who calls himself a great man, to tell lies." He must not now fail.

"Some wine and punch were then ordered in, and the conferences were concluded with great joy and satisfaction."

Nov. 6. Letter from General Forbes to Governor, dated Oct. 22, Raystown camp: "Sir, The heavy rains

1830.]

LAW CASE.

375

that have fallen of late have rendered the roads almost eleven acres, with sundry buildings and improvements. impassable for carriages. These few days past of favor- Mr. Shoemaker was ready and willing to carry his conable weather have given things a more favorable aspect, tract into effect, and Mr. Roset was at the same time and every thing is in motion; the last division being to ready and willing to complete his purchase. About march hence to-morrow. My state of health continues this time the defendant, Royal, some how or other beprecarious; but not so bad as to occasion any stop to our came acquainted with the fact, that Mr. Roset, the plainoperations, which must now come to a speedy conclu- tiff, had entered into a contract for the purchase; and sion on account of the advanced season of the year. he wishing to purchase it himself, applied first to Mr. Necessary to leave a barrier. Number of King's troops Shoemaker, who told him the situation in which he was under his command don't exceed 1200; the greater part | placed and the engagement he was under to the plainof which must be sent down to the uninhabited parts to tiff. Upon which the defendant applied to the plainrecruit. The forts of Loyal Hanna, Cumberland, Rays-tiff to give up his bargain to him. Mr. Roset wanting town, Juniata, Littleton, Loudoun, Frederick, Shippens- but part of the property and willing to oblige his neighburg and Carlisle, ought to be garrisoned: which will re-bour, agreed to waive the purchase himself nominally, quire 1200 men; and clothing for them. Wishing to know what the Assembly would do on the subject--as without these he could not secure the frontiers."

Nov. 16. By estimate of pay Pennsylvania had in service 25 old companies, 2 troops light horse, 70 men at Fort Augusta, and 23 companies (new levies.) House of Assembly met Oct. 14.

and to transfer his advantage in the purchase to Royal, on condition that he Royal, would make a deed to the plaintiff for the portion of the land he wanted, on being paid for it the same proportionate price as he was to pay for the whole lot. Accordingly Mr. Shoemaker, by plaintiff's consent, sold to defendant, to whom a deed was made for the whole property. No sooner had he got into possession of it, than he manifested a tardiness at carrying his promises and engagement into effect. It was a stipulation, that referees were to be al-appointed by the parties, to estimate the additional value of the portion of land to be retained by the plaintiff, which was about one acre of the eleven, fronting on the Germantown street.

Message of Governor on the matters desired by Gen. Forbes, and supplies to pay arrears due troops.

Dec. 2. Answer of Assembly that they are greater than they can bear in addition to the large burdens ready borne.

Dec. 5. Bill for tonnage duty, and on wine, rum, brandy and other spirits, and sugar for the general service and a protest of the Merchants sent by Governor to Assembly by message.

Finally the defendant refused to appoint referees at all; or in short to do any thing to carry his bargain into effect. He knew well enough it seems, that in this state there is no court of chancery to which immediate application can be made to compel the fulfilment of engagements like the present, and so he coolly folds his arms, sets honor, justice and equity at defiance, consoling himself in his fancied security, he drives us to law

all you can get, says he, is damages, and the event of a suit I am willing to abide by. We take him, said the counsel, at his word, and we appear before you to day, to claim those damages, which the breach of contract on the part of the defendant had made the plaintiff sustain; to prove which and all the circumstances he had stated, he should now call witnesses.

Dec. 11. The Governor received the following letter by express, from General Forbes, dated Fort Duquesne, [or now Pittsburg,] the 26th November, 1758: "Sir, I have the pleasure and honor of acquainting you with the signal success of his Majesty's troops over all his enemies on the Ohio, by having obliged them to burn and abandon their Fort Duquesne, which they effectuated on the 24th inst. and of which I took possession with my little army on the next day. The enemy having made their escape down the river, part in boats and part by land, to their forts and settlements on the Mississippi. Being abandoned, or at least not seconded by their friends, the Indians; whom we had previously engaged to act a neutral part; and who seem Wm. Fry-Edward Royal called upon me to go with now all ready and willing to embrace his Majesty's most him to Mr. Roset, to say he had a notion of buying the gracious protection. So give me leave to congratulate property. He said that Jacob Roset had been after it, you upon this public event, of having totally expelled and had the refusal of it. He wished Mr. Roset to give the French from this Fort and prodigious tract of coun- up his claim to him and let him buy it. Mr. Roset did try, and of having in a manner reconciled the various not seem willing to give it up. He talked some time tribes of Indians inhabiting it, to his Majesty's govern-about it with Royal. Royal at length offered him 50 or ment. I have not time to give you a detail of proceedings and approaches towards the enemy, or of the hardships and difficulties that we necessarily met with-all that will soon come out. But I assure you after reviewing the ground and fort, I have great reason to be most thankful for the part the French have acted. He had sent for their head men and expected to make up every thing, and then set out for Philadelphia, if his strength permitted: being very ill,"

Lefter from Col. Burd-"Enemy blew up the Fort."
Assembly summoned for the 20th inst.

Day of Thanksgiving fixed for the 28th inst.
[CONCLUSION OF THE 'RECORDS.']

100 dollars, I can't remember which, to give up the purchase to him. Mr. Roset said he did not want money, and he was not willing to give his bargain up.They then walked out on the turnpike, and Roset told Royal he might go and try to buy it that week if he could, and they could see each other in the morning, What the bargain was next morning, witness could not say.

Wm. Dedier-In the latter part of the summer of 1827, was employed by plaintiff to go to Mr. Charles Shoemaker, and try to buy the property in Germantown for him, and he was authorized to give 3750 dolls. for it, but to get it as much lower as he could. Witness was to have 25 dollars for his trouble. He went to Mr. Shoemaker, and asked him the price-he naimed 4000 dollars, witness offered 3000-he tried to make a bar. gain. Witness then asked Mr. Shoemaker what was the lowest price he would take, Mr. S. said he must consult his co-executor Jacob Cope, and in about three weeks he would come on the spot himself, and then no doubt they could make a bargain. Mr. Shoemaker told witness at this time, that no other person should have it at any price for three weeks, unless he, witness, declar

Mr. Josiah Randall stated the plaintiff's case. This was an action brought for a breach of agreement and contract between the parties, who are both residing in Germantown. The circumstances of the case, he stated off. ed, were somewhat peculiar. Mr. Roset had entered into a contract with Mr. Shoemaker to purchase from him a lot of land in Germantown, consisting of about

Subsequently, defendant applied to witness, and asked him to accompany him to Mr. Shomaker's to buy the land, saying at the same time that he (defendant) had

parties personally; that Didier called on him to treat for the purchase. My impression, said the witness is, that I was to give Roset, or Didier, a time to determine.— I asked 4000 dollars, but said that I would not sell it to another, without giving him the refusal. The man (whom he afterwards indentified as Didier) who first applied to me came afterwards with Royal the defendant, and said that Roset wanted the place no longer, that he was suited. I kept my word with him sacred until then, when I thought myself released from it. I told Didier in the first instance that I would not sell it to any body at any price, until I had his answer in the time limited. My stipulation was not to sell it without letting Roset or Didier know. The time stipulated was two or three weeks; can't tell whether the time had elapsed

Cross examined: Royal had called on witness before he came with Didier.

made an agreement with Mr. Roset. Witness was not willing to go to Mr. Shoemaker's until he had seen Mr. Roset, and told defendant that he could not find it in his conscience to do so. Defendant again said that he (witness) need be under no apprehension as the bargain was firmly made between him and the plaintiff.Witness went with defendant in quest of plaintiff and met him in the street on horseback opposite the Indian Queen. Witness asked plaintiff if 'twas right that he should go on with defendant to Mr. Shoemaker's. Plaintiff said 'tis right, if we understand each other. He plaintiff then related the agreement, saying that Edward Royal was to give him fifty feet front on the Germantown road, adjoining Bullock's property, so as to run back and make an acre, more or less, at the same rate as Royal could buy the whole at, to be left to two-thinks it had not. disinterested men to estimate. Witness then said to plaintiff and defendant 'I hope gentlemen you understand each other, that there may be no after claps,' Edward Royal said 'yes we do-I take you to witness.' Witness and defendant then went on together towards Mr. Shoemaker's and met him on the road coming to Philadelphia, and the same day by appointment came on to the Plough in North Third street where Mr. Shoemaker said he should be, and met him there. Witness assuring Mr. Shoemaker that he was at liberty to treat with defendant they went into the back room to- Mr. Randall addressed the jury. The evidence in gether and in ten minutes they agreed at 3500 dollars, this case he said, was brief, clear and satisfactory. It and all this went to Mr. Bates together and articles established beyond doubt an agreement between the were drawn up. On the way back defendant told wit- parties and a breach of that agreement by the defendness that he was glad that plaintiff had given up the ant. It would be a waste of time to enforce this argubargain to him, and he had acted the part of a neigh-ment, the facts were plain and strongly made out be bour. Witness was authorised after suit was commenc-yond the reach of scepticism or refutation. The couned against defendant to go to him and say that plaintiff would take any thing from him over 100 dollars, but defendant said he would not bid a farthing. Witness reminded defendant of the contract he had made, but it produced no effect. Witness knew that defendant had previously offered plaintiff 100 dollars to give up his claim under the contract.

John Bullock-said he was casually called to witness a conversation between Roset the plaintiff, and Royal the defendant, in which he heard the former say to the latter, "If I have done any thing to offend you I beg your pardon, I do not want any thing you have," Witness left them because as he said, he did not wish to be witness to any difference between neighbours. He did not hear the beginning or end of their conversation.

sel then went over the facts of the case as they appeared in evidence. First impressions he said were gener ally the honest promptings of the heart, and it was only by a cool and heartless calculation urged on by avarice or cupidity, that the mind of man erred. Thus, when the plaintiff at the earnest solicitations of the defendant gave up to him the bargain which he had secured, the defendant was overflowing with gratitude, the proposed terms were complied with-that is promised-joyfully. But no sooner does he find himself with the deed

A deposition of Mr. Aldridge, under a commission was now offered in evidence and read; the substance of which was the relation of a conversation with defendant in which he had said that he had some difficulty in get-in his hand which puts him in possession of the proper. ting the property as plaintiff had made a prior contract with Mr. Shoemaker, and that he defendant had agreed to let plaintiff have an acre to build on, on the terms described by the foregoing witness.

Mr. Amerman proved the delivery of a letter or notice to defendant signed by plaintiff desiring him to nominate a referee according to the terms of our contract. This letter was dated 28th Oct. 1828, and the suit was instituted about 17 days after.

The deed of conveyance from Cope and Shoemaker to defendant was dated 1st of March, the consideration money 3500 dollars.

ty than the love of filthy lucre, whispers to him—"this is yours now, you are living in Pennsylvania, where there is no Court of Chancery as in some of our neighbouring states to coerce you to the fulfillment of your bargain." He takes advantage of his fancied security, forfeits his pledged word, and sets honour and honesty and the whisperings of conscience too, at defiance. It had been said that no consideration had been paid, or was to have been paid for the transfer of the acre to the plaintiff and therefore that no claim could be set up.He was sure the jury would reject such a principle as this, as contrary to reason as well as law. There was Mr. David Paul Brown now opened the case of the a consideration, and that consideration had been paid defendant. He said it was comprised in narrow limits, by the plaintiff to the defendant—the relinquishment of and it was scarcely necessary to address the jury at all a good bargain in favor of the defendant was the consid in an opening speech; nor should he do so, but that he eration for which he agreed to put plaintiff in posseshad hopes that a ray of light might be shed from which sion of an acre of this land, on the payment of a sum of the jury would gather from plaintiff's own shewing that money to be fixed by referees. Here was the considera defence in this case was unnecessary. The tenor of ation-here was the bargain. But the defendant jumphis observations was that there was an absolute relin-ed the fence, he gets possession of the property and quishment on the part of the plaintiff to his purchase or forgets that his word, his honour, his good name, are contract in favour of the defendant and having so pledged to fulfil his engagements. The counsel put it relinquished, the plaintiff had no right whatever to im- to the jury whether an individual should be allowed at pose terms. Royal had a right to make a new bargain any time to say to his neighbor with whom he had made with Mr. Shoemaker, and Roset had not the shadow of a bargain-Ah! ah! I have the upper hand of you now. pretence for imposing a tax upon the land or the new I'll either perform my promise, or not perform my prompurchaser. Besides the claim now set up was a differ- ise, just as my inclination or my interest may prompt ent claim altogether from that alleged in the declaration! me. Such conduct was an outrage upon the cominion He then recapitulated the three counts in the declara-intercourses of life, and would not be tolerated or suffration and concluded that there was no evidence pro- ered to pass by with impunity by the jury, he was adduced which met or substantiated any one of the char- dressing, and he called upon them to give such damges there alledged. He proceeded to call ages as the flagrant conduct of the defendant required.

Charles Shoemoker, who said he knew nothing of the

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Mr. D. P. Brown, for the defendant, said it was true

CABINET OF NATURAL SCIENCE.

Mr. Randall replied. His client, he said, was not to be laughed out of court when he was making a solemn application to a jury of his country for redress. The morals of the country would be sapped to their very foundation, if transactions like this were to be tolerated. It had been tauntingly asked, what had the plaintiff lost? He would answer that question in plain terms--he had lost by the treachery, duplicity, and want of honesty in the defendant, first of all-the possession of a bargain he instructed his agent to give 3750 dollars for, and which the defendant, had, by false pretences and promises, possessed himself of for 3500 dollars. He had lost next, an acre of valuable land, with a front of 50 feet upon the Germantown street; he had lost the 100 dolls. which defendant at one time agreed to give him to re-ly appreciated. Although within the last twelve months linquish his claim. All this seems to have been forgotten bye opposite counsel; he trusted, however, the jury would not forget it, but would give, by their verdict a salutary example, both to the defendant and to society, which would deter him and others from conduct so base and flagitious.