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,' Ed- John Bullock-said he was casually called to witness ward Royal said 'yes we do-I take you to witness.' a conversation between Roset the plaintiff, and Royal Witness and defendant then went on together to- the defendant, in which he heard the former say to the wards Mr. Shoemaker's and met him on the road com- latter, "If I have done any thing to offend you I beg ing to Philadelphia, and the same day by appointment your pardon, I do not want any thing you have," Witcame on to the Plough in North Third street where ness left them because as he said, he did not wish to be Mr. Shoemaker said he should be, and met him there. witness to any difference between neighbours. He did Witness assuring Mr. Shoemaker that he was at liberty not hear the beginning or end of their conversation. 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 bebour. 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. sel then went over the facts of the case as they appeared in evidence. First impressions he said were generally 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 properting 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 considin 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 suff-· ration 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 Mr. D. P. Brown, for the defendant, said it was true 1830.] CABINET OF NATURAL SCIENCE. that this case lay within a very narrow compass. There were two points of inquiry-1st. Had the alleged compact been broken? and 2d. If so, what are the damages which plaintiff is entitled to? He should show that the learned counsel for plaintiff, in his prologue to the play, had mistaken the plot. He then dissected the declaration, arguing that not a single count or allegation in that document had been made out in evidence. The plaintiff, he said, had paid nothing, had lost nothing, and yet had asked for compensation. He trusted the jury would discountenance suits like these, which tended to promote litigation and to overturn justice. 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 relinquish his claim. All this seems to have been forgotten by the 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. The Court. (Judge Cox) charged the jury. This was a case in which the rights of the plaintiff should be enforced some way or another.There was a strong inclination in his mind that the plaintiff might recover the property by ejectment; at all events courts had decided that contracts not committed to writing may be made the ground of an action for damages as in this case. If Mr. Royal bought the property under the understanding and undertaking on his part which the witnesses seemed so accurately to describe, and afterwards broke his agreement with the plaintiff the laws of Pennsylvania would hold him answerable. It was a question of credibility altogether, and he saw no reason whatever for disbelieving the witnesses; if then the jury gave them credit for truth, they would give a verdict accordingly. That verdict may be for actual damages, or it may be in the shape of a compulsory verdict of damages to any extent, to be released on the performance of certain conditions. In the latter case, the jury would take care that the verdict be given in such terms as the Court could recognize. The jury retired and brought in the following written verdict: Verdict for $2000 for Plaintiff. 377 confessed or granted by the said defendant, on or before the first day of September next; and in case of default or refusal by the said defendant to comply with the above terms, then judgment to be entered absolutely for the plaintiff for the whole sum found by the jury. Verdict returned in court on Monday, 31st of May, 1830, at 10 o'clock, A. M.-United States Gazette. CHESTER COUNTY CABINET OF At the stated meeting of the Cabinet, on the 20th of March, 1830, ISAAC THOMAS, M. D. from the committee appointed for that purpose, presented the following report, which was approved and ordered to be published: Conformably to a resolution adopted at our annual meeting in March last, the committee appointed at that time, now lay before you the progress of the Cabinet during the past year. In former reports that have been made, the objects of our institution have been fully explained, and from the interests that have been excited, there is but little doubt, that our motives have been duly appreciated. Although within the last twelve months we have not received as great an accession to our mineral collection as during some of the preceding years, the number and variety of our animal and vegetable specimens have been considerably increased: and should that laudable spirit of improvement among the members still continue to exist, as it has heretofore done, there will soon be a monument to their industry and love of science raised within these walls, well worth preserving. It is proper here, perhaps, to remark, that the expenses necessary to prosecute our studies with advantage, have already been incurred; so that a tax of one dollar from each member, was all that was necessary to raise within the last year. In consideration of the accommodation that have been provided, the initiation fee was raised from one to five dollars. by referring to them, he will at once be instructed. From the voluntary contributions of the members, and the liberality of others friendly to our institution, we have been enabled to procure the assistance of an experienced artist, Mr. James Griffiths, to prepare and preserve a few of the many birds that are to be met with in this section of the country, and also to add to our library a copy of Wilson's Ornithology. It is unnecessary for your committee to attempt to eulogise that great work, but they may be permitted to remark, en passant, that for the student of Ornithology, much has been done to enable him with little labour, to acquire a complete knowledge of that delightful study. The plates are so finely and accurately finished, that should he fail in making out from the descriptions a The jury find that the plaintiff shall release to the de-name for his specimen, (which can scarcely happen,) fendant $1850-part of the verdict in this case, provided the defendant shall within ten days from this date agree to the appointment of three disinterested referees to determine the value of fifty feet of land, part of the premises purchased of C. Shoemaker and others, by defendant, fronting on Germantown road, and adjoining Bullock's, and extending back fifty feet in width in the rear, so as to contain one acre, as declared upon and averred in the 3d count of the declaration; and shall on payment or tender of the sum of money, determined by the referees so agreed upon; or in case of neglect, refusal or inability of the parties to agree in the choice of such refetees within ten days from this date, then by three referees to be chosen and appointed by the court, as the proportionate value of the said acre of land, in the manner stated in the 3d count of the plaintiff's declaration in the above case, execute and deliver to the said plaintiff, in fee simple, a good and sufficient title and deed for the same, clear of all incumbrances, suffered, VOL. V 48 The following plants have been detected within the limits of our county, since last report, and are to be added to the Flora of Chester, viz.-Veronica scutellata, Scirpus brunneus, Cyperus inflexus, Mariscus ovularis, Trichodium laxiflorum, Phalaris americana, Poa elongata, Koeleria truncata, Andropogon virginicus, Panicum proliferum, P. virgatum, Setaria verticillata, chloris secundus? Lechea major, Potamogeton fluitans, Rochelia lappula, Lysimachia racemosa, Viola sororia, Leconte, V. dentata, Ph. Cnidium atropurpueum, Chenopodium rubrum, Pontederia cordata, Polygonum amphibium, Cerastium tenuifolium, Ranunculus intermedius, R. saniculaformis? Scutellaria gracilis, S. ambigua, var. missouriensis, Nasturtium sylvestre? Corydalis formosa, Galactia glabella, Lespedeza frutescens, Sonchus acum- In addition to the foregoing, a number of interesting specimens, from beyond the county, were procured by two of our members, in an excursion to the Hackensack river, and Falls of Passaic, in New Jersey. Jesse Conard, Esq. a corresponding member, has recently made a donation of a Bust of Dr. Benjamin FranIn addition to Wilson's Ornithology, the Society have procured the valuable work of Kirby and Spence, on Entomology, in four volumes; and they have received as donations,— Secretary Rush's Reports, relative to the growth and manufacture of Silk; also Mease's Treatise on the raising of Silk Worms; presented by the Honorable I. D, BarnardDescription of two new Fossil Shells, by Samuel G, Morton, M.D.; from the author Observations on the Genus Unio, by Mr. Isaac Lea, of Philadelphia; presented by the authorFour numbers of the Florula Lexingtoniensis, by Pre thor Well preserved duplicates for the purpose of exfessor C. W. Short, of Kentucky; presented by the auchange have been obtained, which will enable us to repay, in some measure, the many favours that we have received. In Botany, the following donations, from gentlemen residing at a distance, have been very thankfully received during the past year. Forty specimens of plants, chiefly from the White Mountains, in New Hampshire, presented by Dr. C. Pickering, and 185 specimens from Europe, principally from France, by Mr. John P. Brace, of Litchfield, Connecticut. We are indebted to Mr.Joseph Hanse, of West Whiteland, in this county, for a very handsome specimen of the Sus Tajassu, or Mexican Hog, prepared by John Marshall, one of our active members. As before stated, the number of minerals that have been received within the last year, is comparatively few; yet we have gratefully to acknowledge the receipt of the following-Twenty-nine specimens, presented by Mr. Jacob Pierce-twenty-two specimens, presented by Mr.Joseph Webb, of York county, together with a handsome collection of shells. The following is a list of birds that have been added to our collection since our last annual meeting 1st. Turdus melodus, male; 2 T. lividus, male; 3 T. auro-capillus, female; 4 Pipra polyglotta, male; 5 Fringilla Savanna? female; 6 Scolopax minor, male; 7 Motacilla sialis, male; 8 Oriolus mutatus, male, 9 Sylvia marilandica, male; 10 Fringilla passerina, male; 11&12 Tanagra rubra, male and female; 13 Tringa macularia, male; 14 Sturnus prædatorius, male; 15 Columba migratoria, young male;16 Gracula quiscala:17 Fringilla 18, 19 & 20 Emberixa pecoris, 2 males and 1 female; 23 Turdus rufus male; 24&25 Emberiza erythrophthalmo, female & male: 28 Corvus cristatus, male; 29 Hirundo pelasgia, male; 31 Cuculus carolinensis, male; 32 Fringilla tristis, male, and 35 female; 33 Sitta carolinensis, male; 34 Fringilla cyanea, male; 36 Alauda magna, male; 37 Muscicapa tyrannus, male; 38 Picus auratus, male; 40 Lanius excubitor; 41 Fringilla arborea. Nearly sixty pieces of foreign, and many of them antique, Coins, to the value of several dollars, have been received; some of the most valuable of which, were presented by ladies, who bave taken a lively interest in the prosperity of the Cabinet. 1 Wood Thrush, 2 Cat-bird, 3 Golden-crowned Thrush, 4 Yellow-brested Chat, 5 Savanna Sparrow, 6 Woodcock, 7 Bluebird, 8 Orchard Oriole, 9 Maryland Yellow-throat, 10 Yellow-winged Sparrow, 11 and 12 Scarlet Tanager, 13 Spotted Sand-piper, 14 Red-winged Starling, 15 Passenger Pigeon, 16 Purple Grakle, 17 Java Sparrow, 18, 19 and 20 Cow Bunting, 23 Ferruginous Thrush, 24 and 25 Towhe Bunting, 28 Blue Jay, 29 Chimney Swallow, 31 Yellow-bill'd Cuckoo, 32 (and 35 Gold Finch, 33 White-breasted black capped Nuthatch, 34 Indigo Birds, 36 Meadow Lark, 37 Tyrant Fly-catcher, or King bird, 38 Gold-winged Wood pecker, 39 Red-headed Woodpecker, 40 Butcher Bird, or Nine Killer, 41 Tree Sparrow. Goldsmith's Animated Nature; presented by R. B. Dodson, Esq. Transactions of the Academy of Natural Science of Philadelphia, during the years 1827-8; also a circular from said Society A Report of the Transactions of the Maclurean Lyceum of Arts and Sciences of Philadelphia, by the Corresponding Secretary of that Society. Officers of the Cabinet for 1830. WILLIAM DARLINGTON, M.D. President. HON. ISAAC DARLINGTON, } V.Presid❜ts W. Longevity.-Died, at his residence in East Bradford, Chester county, on the 16th May, JOSEPH PARKE, aged 98 years and 6 months. The deceased was probably the oldest man in his county at the time of his death.He was one of the earliest inhabitants of the neighborhood, and has often told of the wilderness and its happiness, when in the days of his boyhood he first remembers to have known it. There were then but few persons there, The Town that has since grown up near him was not at that time thought of-and indeed the very spot on which now may be seen so many fine buildings and so great improvements, was then almost all covered with woods." All those who played with him in boyhood-all those who laughed, and sang, and rambled with him in the joyous days of youth, are gone long before him-not one remains. He was the lonely vestige of that generation-and he too now is gathered to his fathers. He lived to see the wilderness disappear around him-and the uncultivated country to bloom like a garden. Where there were in his early days but a few scattered huts, that scarcely served to shelter their inmates from the inclement blast, he has since seen noble farm houses rear their lofty tops. The whole scene has been totally changed. Hardly any thing that was there when he first knew it, is to be seen there now. He has outlived every mark of that generation, and but for the posterity that has sprung up around him, he would have been a stranger in a strange landa sojourner whom all had left behind. Vil. Rec. RATTLE SNAKES.-The Tioga Gazette of the 8th ult. says that there were 244 rattle snakes killed in Law, rence township the preceeding week, some of them very large. One person killed 94 in one day. They were principally killed on Oak Hill. 1830.1 SUSQUEHANNÁ AND LEHIGH CANAL. TABLE OF THE RELATIVE DISTANCFS OF A CANAL FROM BERWICK TO PHILADELPHIA & NEW YORK. 379 lic to the importance of extending this line so as to form a connection with the Susquehanna. From the surveys and levels which have been made, the practicability of a connexion is placed beyond a doubt, as the summit can at all times be supplied with water from the Lehigh and other streams sufficient for the passage of a ship of the line. As the Delaware section of the Pennsylvania canal from tide to Easton is so far advanced that little doubt is entertained of its being finally completed in the course of the ensuing summer; in which case a complete From the annexed table it will be perceived that this ascending and descending navigation will be opened route, if the connexion be made, will have an advantage from the city of Philadelphia to Mauch Chunk, it may over any other in point of distance, either to Philadelnot be an improper time to call the attention of the pub-phia or New York. A TABLE shewing the direct and practical distance by navigation from Berwick, on the North branch of the Susquehanna River, to Philadelphia and New York, via. Susquehanna, Delaware and Chesapeake, and Union canals-and also to the same places by the Nescopeck, Lehigh, Pennsylvania, and Morris canals. The lockage is brought into distance by adding to the direct distance one mile to each three locks. If the inclined planes are adopted from Berwick to Mauch Chunk, and divided into 50 feet lifts, it will require but 33 lifts, equal to passing 11 miles of canal; to this add the direct distance of 63 miles, and the total practical distance from Berwick to Mauch Chunk will be 74 miles, or 38 miles less than by the common locks," as it is given in the table. Hence the distance (by inclined planes) from Berwick, via. Lehigh, &c. to Philadelphia is do do do To New York, by Morris canal do by Delaware and Raritan canal 221 miles. 248 do 278 do It thus proves that the practical distance between Berwick and Philadelphia is 42 miles nearer by the Lehigh than by the Union canal, and use the common locks; but if inclined planes are used across to the Lehigh, it is 80 miles nearer, and Berwick is 20 miles nearer to Philadelphia than it is to Baltimore by the Susquehanna canal. But if the destination of a boat from Berwick be New York, it is nearly twice as far to go by the Susquehanna route as it is by the Lehigh route. In addition, the Lehigh route is adapted for boats of 75 tons burthen, and last (not least) there is at all times an abundance of water on this route. While the distance from the Juniata to Phila. perfectly secures the great Ohio & Juniata trade to the Union canal, the Nescopeck canal to the Lehigh is equally secure in the trade of the North branch of the Susquehanna, and a large portion of the state of New York, by being as decidedly favorable in point of practical distance for this trade. For the West branch trade, we find the practical distance to Philadelphia by the Union canal and by the Nescopeck canal about equal; but if the market sought be New York, the Nescopeck route has the decided advantage. All this is predicated upon the supposition that the two routes are equal in respect to navigation-but this will not be the case; the Nescopeck route will have decidedly the best canal.-Mauch Chunk Courier. BILL OF MORTALITY IN PHILADELPHIA, FOR MAY, 1830. 15 and 20, 5 2 1 1 Casualties, Catarrh, Colic, 122 264 Convulsions, 21 Disease of the Heart, Dropsy, 2 of Breast, |