but you're like a member of the Kentucky legislature, who admitted that if he had a failing it was being a leetle too brave." "How could I know Grapevine," replied Dave, doggedly; "and you told me you could beat her, any how." "Yes," said Crump, “I think I can; but I didn't come a hundred and fifty miles to run them kind of races-Old Tompkins has brought her here, and I like him for a sucker!" "Well," says Dave, "maybe I can get off with the race if you think you'll be licked." "No," said Crump, "when I go a catting, I go a catting; its mighty mixed up, and there's no telling who's constable until the election is over; it will be like the old bitch and the rabbit, nip and tack every jump, and sometimes the bitch a leetle ahead." Old Tompkins, who had not appeared during the making of the race, now came round, and seeing the bay, said " Popcorn, by G-d." He now came forward, and addressed the other party : 'Boys," said he, "it's no use to run the thing into the ground. If a man goes in for betting, I say let him go his load, but we have no ambition against you, so draw the bet to one hundred dollars; that is enough for a little tacky race like this, just made for amusement."-Carried by acclamation. Now the judges were selected: a good judge does not mean exactly the same thing here as on the bench, though some of the same kind may be found there it means one who is obstinate in going for his own friends. It did not seem to be considered courteous to object to the selections on either side, perhaps from a mutual consciousness of invulnerability. But one of the nominees for the ermine was a hickory over any body's persimmon in the way of ugliness. He was said to be the undisputed possessor of the celebrated jack-knife; his likeness had been moulded on dog-irons to frighten the children from going too near the fire, and his face ached perpetually; but his eyes! his eyes! He was said to have caught a turkey-buzzard by the neck, the bird being deceived, and thinking he was looking another way; and several of the crowd said he was so cross-eyed he could look at his own head! It was objected to him that he could not keep his eyes on the score, as he did not see straight, and it was leaving the race to the accident of which of his optics obtained the true bearing, when the horses were coming out. The objections were finally overruled, the crooked party contending that Nature had designed him for a quarter judge, as he could station one eye to watch when the foremost horse's toe struck the score, and could note the track of the horse that followed, at the same moment, with the other eye. The riders now attracted my attention. It is customary, I believe, to call such "a feather," but they seemed to me about the size of a big Christmas turkey gobbler, without feathers; and I was highly delighted with the precocity of the youths-they could swear with as much energy as men of six feet, and they used fourth-proof oaths with a volubility that would bother a congressional reporter. There now arose a dispute as to whether they should run to or from the stand, it being a part of the mile track, and there being some supposed advantage to one of the horses, or the other, according as this might be arranged. It was determined by a toss-up at last, to run to the stand. After an other toss for choice of tracks, and another for the word, the horses walked off towards the head of the stretch. Now it was, "Hurra, my Popcorn-I believe in you-come it strong, lumber-go it with a looseness-root little pig, or die." And, "Oh! my Grapevine! tear the hind sights off him!-you'll lay him out cold as a wagon-tire-roll your bones-go it, you cripples!" etc., etc., etc. Beginning to doubt, from all I heard, whether my friend Dave had been regularly appointed almanacmaker for this year, I hedged a five, and staked it with a young man that was next me, riding a remarkable wall-eyed horse; and some time after staked another five dollars, with a person I had noticed assisting about the bar, and would be able to recognise again. I now flattered myself on my situation-I had all the pleasurable excitement of wagering, and nothing at risk. Each side of the track was lined with eager faces, necks elongated, and chins projected, a posture very conducive to health in a bilious climate, as it facilitates the operation of emetics. I was deafened with loud cries of "Clear the track!" "Stand back!" "Get off the fence!" "The riders are mounted!" "They are coming!" "Now they are off!"-but still they came not. Without intending it, I found myself, and indeed most of the crowd, moving up towards the start, and after every failure, or false alarm, I would move a few yards. I overheard a fellow telling with great glee-"Well, I guess I warmed the wax in the ears of that fellow with the narrow brimmed white hat; he had an elegant watch that he offered to bet against a good riding-horse. You know my seventeen year old horse, that I always call the bay colt; I proposed to stake him against the watch, and the feilow agreed to it without ever looking in his mouth; if he had, he would have seen teeth as long as tenpenny nails. It is easy fooling any of them New York collectors-they ain't cute: the watch is a bang-up lever, and he says if he was GOING to traVEL he would not be without it for any consideration. He made me promise, if I'won it, to let him have it back at one hundred dollars, in case he went into Georgia this fall. It is staked in the hands of the Squire there ;-Squire, show it to this here entire stranger." The Squire produced a splendid specimen of the tin manufacture; I pronounced it valuable, but thought it most prudent not to mention for what purpose. Alarms that the horses were coming continued, and I gradually reached the starting place: I then found that Crump, who was to turn Popcorn, had won the word—that is, he was to ask "are you ready?" and if answered " yes!" it was to be a race. Popcorn jumped about like a pea on a griddle, and fretted greatly-he was all over in a lather of sweat. He was managed very judiciously, and every attempt was made to soothe him and keep him cool, though he evidently was somewhat exhausted. All this time Grapevine was led about as cool as a cucumber, an awkward-looking striker of old Thompson's holding her by the cheek of the bridle, with instructions, I presume, not to let loose in any case, as he managed adroitly to be turning round whenever Popcorn put the question. Old Tompkins had been sitting doubled up sideways, on his sleepy-looking old horse-it now being near dark-rode slowly off a short distance, and hitched his horse: he deliberately took off his coat, folded it carefully, and laid it on a stump: his neck cloth was with equal care deposited on it, and then his weather-beaten hat; he stroked down the few remaining hairs on his caput, and came and took the mare from his striker. Crump was anxious for a start, as his horse was worsted by delay; and as soon as he saw Grapevine in motion to please her turner, Old Tompkins swung her off ahead, shouting triumphantly, "Go! d-n you!" and away she went with an ungovernable. Crump wheeled his horse round before reaching the poles, and opened on Old Tompkins-"That's no way; if you mean to run, let us run, and quit fooling; you should say 'Yes!' if you you mean it to be a race, and then I would have turned loose, had my nag been tail forward; it was no use for me to let go, as it would have been no race any how, until you give the word." Old Tompkins looked as if the boat had left him, or like the fellow that was fighting, and discovered that he had been biting his own thumb. He paused a moment, and without trying to raise a squabble, (an unusual thing,) he broke down the track to his mare, slacked her girths, and led her back, soothing and trying to quiet her. She was somewhat blown by the run, as the little imp on her was not strong enough to take her up soon. They were now so good and so good, that he proposed they should lead up and take a fair start. "Oh!" said Crump, "I thought that would bring you to your milk, so lead up." By this time, you could see a horse twenty yards off, but you could not be positive as to his color. It was proposed to call in candles. The horses were led up, and got off the first trial. "Ready?" "Yes!"—and a fairer start was never made. Away they went in a hurry, Glimmering through the gloam. ter, and announced that by agreement it was a drawn race. This was received with a yell louder, if possible, than any former one; every one seemed glad of it, and there was a unanimous adjournment to the bar. Though tired and weary, I confess that I (for no earthly reason that I can give but the force of example) was inclined to join them, when I was accosted by a person with whom I had bet, and had staked in the hands of the young man riding the wall-eyed horse. "Well," said he, "shell out my five dollars that I put up with that friend of yours-as I can't find him." I protested that I did not know the young man at all, and stated that he had my stake also. He replied that I need not try to feed him on soft corn that way, and called on several persons to prove that I selected the stakeholder, and we were seen together, and we must be acquainted, as we were both furreigners from the cut of our coats. He began to talk hostile, and was, as they brag in the timber districts, twenty foot in the clear, without limb, knot, windshake, or woodpecker hole. To appease him, I agreed, if the stakeholder could not be found, to be responsible for his stake. He very industriously made proclamation for the young man with the wall-eyed horse, and being informed that he had done gone three hours ago, he claimed of me, and I had to shell out. Feeling somewhat worsted by this transaction, I concluded I would look up my other bets. Mr. Wash I did not see, and concluded he had retired; I found the stakeholder that assisted about the bar, and claimed my five dollars on the draw race; to my surprise I learned he had given up the stakes. Having been previously irritated, I made some severe remarks, to all of which he replied in perfect good temper, and assured me he was the most punctilious person in the world about such matters, and that it was his invariable rule never to give up stakes except by the direction of some of the judges, and called up proof of his having declined delivering the stakes until he and the claimant went to old screw-eye; and he decided I had lost. This seemed to put the matter out of dispute so far as he was concerned, but thinking I would make an appeal to my opponent, I inquired if he knew him. He satisfied me, by assuring me he did not know him from a side of sole leather. All hands made for the winning post. Here I heard "Mare's race!"-"No! she crossed over the horse's path!"-"The boy with the shirt rode foul!"-"The horse was ahead when he passed me!" After much squabbling, it was admitted by both parties that the nag that came out on the lefthand side of the track was ahead; but they were about equally divided as to whether the horse or the mare came through on the left-hand side. The judges of the start agreed to give it in as even. When they came down, it appeared that one of the I left the course, and on returning next morning, outcome judges got angry, and had gone home an I looked out for Mr. Wash; I discovered him hour ago. My friend that looked so many ways drinking, and offering large bets; he saw me plainfor Sunday, after a very ominous silence, and wait-ly, but affected a perfect forgetfulness, and did not ing until frequently appealed to, gave the race to the horse by ten inches. This brought a yell from the crowd, winners and losers, that beat any thing yet; a dozen of men were produced, who were ready to swear that gimblet-eye was a hundred yards off, drinking a stiff cock-tail at the booth, and that he was at the far side of it when the horses came out, and consequently must have judged the result through two pine planks an inch thick; others swore he did not know when the race was won, and was not at the post for five minutes after. Babel was a quiet retired place compared with the little assemblage at this time: some bets were given up, occasional symptoms of a fight appeared, a general examination was going on to be assured the knife was in the pocket, and those hard to open were opened and slipped up the sleeve; the crowd clustered together like a bee-swarm. This continued until about nine o'clock, when Crump, finding he could not get the stakes, compromised the mat recognise me. After waiting some time, and finding he would not address me, I approached him, and requested an opportunity of speaking to him apart. Mr. Wash instantly accompanied me, and began telling me he had got in a scrape, and had never in his life been in such a fix. Perceiving what he was at, I concluded to take the whip-hand of him, and observed-"Mr. Wash, if you design to intimate by your preliminary remarks that you cannot return to me my own money, staked in your hands, I must say I consider such conduct extremely ungentlemanly." Upon this he whipped out a spring-back dirk knife, nine inches in the blade, and whetted to cut a hair, stepped off, picked up a piece of cedar, and commenced whittling. "Now, stranger," says he, "I would not advise any man to try to run over me, for I ask no man any odds further than civility; I consider myself as honest a man as any in Harris county, Kentucky; but I'll tell you, stranger, exactly how it happened: you see, when you offered to bet on the sorrel, I was out of soap, but it was too good a chance to let it slip, as I was dead sure Popcorn would win; and if he had won, you know, of course it made no difference to you whether I had a stake or not. Well, it was none of my business to hunt you up, so I went to town last night to the confectionary, [a whisky shop in a log pen fourteen feet square,] and I thought I'd make a rise on chuck-a-luck, but you perhaps never saw such a run of luck; everywhere I touched was pizen, and I came out of the leetle end of the horn but I'll tell you what, I'm a man that always stands up to my fodder, rack or no rack; so, as you don't want the money, I'll negotiate to suit you exactly; I'll give you my dubisary: I don't know that I can pay it this year, unless the crap of hemp turns out well; but if I can't this year, I will next year probably; and I'll tell you exactly my principle-if a man waits with me like a gentleman, I'm sure to pay him when I'm ready; but if a man tries to bear down on me and make me pay whether or no, you see it is his own look out, and he'll see sights before he gets his money." My respect for Mr. Wash's dirk-knife, together with my perceiving there was nothing else to be had, induced me to express my entire satisfaction with Mr. Wash's dubisary, hoping at the same time that at least enough of hemp would grow that year. He proposed that I should let him have five dollars more for a stake, but on my declining, he said, "Well, there is no harm in mentioning it." He went to the bar, borrowed pen and ink, and presently returned with a splendid specimen of caligraphy to the following effect: COUSIN SALLY DILLIARD. A Legal Sketch in the "old North State." BY HAMILTON C. JONES. SCENE-A Court of Justice in North Carolina. as I now do, that I had a witness in attendance, who A BEARDLESS disciple of Themis rises, and thus was well acquainted with all the circumstances of addresses the Court:-"May it please your Wor- the case, and who was able to make himself clearly ships, and you, Gentlemen of the Jury, since it has understood by the court and jury, I should not so been my fortune (good or bad, I will not say) to ex-long have trespassed upon your time and patience. ercise myself in legal disquisitions, it has never be- Come forward, Mr. Harris, and be sworn. fallen me to be obliged to prosecute so direful, So forward comes the witness, a fat, shuffy old marked, and malicious an assault-a more wilful, man, a "leetle" corned, and took his oath with an violent, dangerous battery-and finally, a more dia- air. bolical breach of the peace, has seldom happened in a civilized country; and I dare say, it has seldom been your duty to pass upon one so shocking to benevolent feelings, as this which took place over at Captain Rice's in this county. But you will hear from the witnesses." The witnesses being sworn, two or three were examined and deposed-one said that he heard the noise, and did not see the fight; another that he seen the row, but didn't know who struck first -and a third, that he was very drunk, and couldn't say much about the skrimmage. LAWYER CHOPS. I am sorry, gentlemen, to have occupied your time with the stupidity of the witnesses examined. It arises, gentlemen, altogether from misapprehension on my part. Had I known, CHOPS. Harris, we wish you to tell about the riot that happened the other day at Captain Rice's; and as a good deal of time has already been wasted in circumlocution, we wish you to be compendious, and at the same time as explicit as possible. HARRIS. Adzactly (giving the lawyer a knowing wink, and at the same time clearing his throat.) Captain Rice, he gin a treat, and Cousin Sally Dil liard, she came over to our house and axed me if my wife she moutn't go. I told cousin Sally Dilliard that my wife was poorly, being as how she had a touch of the rheumatics in the hip, and the big swamp was in the road, and the big swamp was up, for there had been a heap of rain lately; but, howsomever, as it was she, cousin Sally Dillard, my wife she mout go. Well, cousin Sally Dilliard then axed me if Mose he moutn't go? I told cousin Sally Dilliard, that he was the foreman of the crap, and the crap was smartly in the grass; but howsomever, as it was she, cousin Sally Dilliard, Mose he mout go CHOPS. In the name of common sense, Mr. Harris, what do you mean by this rigmarole? WITNESS. Captain Rice, he gin a treat, and cousin Sally Dilliard she came over to our house and axed me if my wife she moutn't go? I told cousin Sally Dilliard CHOPS. Stop, sir, if you please; we don't want to hear anything about your cousin Sally Dilliard and your wife-tell us about the fight at Rice's. WITNESS. Well, I will sir, if you will let me. WITNESS. Well, sir, Captain Rice he gin a treat, and cousin Sally Dilliard she came over to our house and axed me if my wife she moutn't go CHOPS. There it is again. Witness, please to stop. WITNESS. Well, sir, what do you want? CHOPS. We want to know about the fight, and you must not proceed in this impertinent story. Do you know any thing about the matter before the court? WITNESS. To be sure I do. CHOPS. Well, go on and tell it, and nothing else. WITNESS. Well, Captain Rice he gin a treat CHOPS. This is intolerable. May it please the court, I move that this witness be committed for a contempt; he seems to be trifling with this court. COURS. Witness, you are now before a court of justice, and unless you behave yourself in a more becoming manner, you will be sent to jail; so begin and tell what you know about the fight at Captain Rice's. WITNESS. [Alarmed.] Well, gentlemen, Captain Rice he gin a treat, and Cousin Sally Dilliard CHOPS-I hope the witness may be ordered into custody. COURT. [After deliberating.] Mr. Attorney, the court is of the opinion that we may save time by telling witness to go on in his own way. Proceed, Mr. Harris, with your story, but stick to the point. WITNESS. Yes, gentlemen. Well, Captain Rice he gin a treat, and cousin Sally Dilliard she came over to our house and axed me if my wife she moutn't go? I told cousin Sally Dilliard that my wife she was poorly, being as how she had the rheumatics in the hip, and the big swamp was up; but howsomever, as it was she, cousin Sally Dilliard, my wife she mout go. Well, cousin Sally Dilliard then axed me if Mose he moutn't go. I told cousin Sally Dilliard as how Mose-he was the foreman of the crap, and the crap was smartly in the grass-but howsomever as it was she, cousin Sally Dilliard, Mose he mout go. So they goes on together, Mose, my wife, and cousin Sally Dilliard, and they come to the big swamp, and it was up, as I was telling you; but being as how there was a log across the big swamp, cousin Sally Dilliard and Mose, like genteel folks, they walked the log; but my wife, like a darned fool, hoisted her coats and waded through. And that's all I know about the fight. THE PEDDLER. A Chapter from an anpublished Romance. BV S. G. GOODRICH (PETER PARLEY). 1841. life. "Good morning, Doctor,"-for the title I had acquired in the apothecary's shop, still adhered to me;" how are you, my old cock?" I WAS now the proprietor of a book-store in | tomer will throw light upon this portion of my Pearl street, my establishment being devoted chiefly to the selling of school books, and such books as were in large demand; psalms and hymns, bibles, and Webster's spelling-books, constituted a large portion of the articles in which I dealt. Thaddeus of Warsaw, the Scottish Chiefs, Young's Night Thoughts, Sanford and Merton, Paradise Lost, Mysteries of Udolpho, Caleb Williams, Lady of the Lake, Cœlebs in search of a Wife, and the Castle of Otranto, were the class of books which constituted the belles-lettres part of my stock in trade. The man who entered my shop, and addressed me in these words, was tall, thin, with lank hair, and a pair of wide drab corduroy pantaloons, and a butternut-colored coat, of ample width and prodigal length of skirts. His dress was loose as that of a Turk's, and the motions of the man within were as free as a wild-cat's. There was a careless ease in My dealings were chiefly with country merchants his gait, which seemed to show that he had not been and Connecticut peddlers, who operated in the south- accustomed to either the restraints of nicely-adern and western States. A sketch of a single cus-justed garments or tight-laced breeding. My reply to the man was hearty. "Good-morning, God bless you! how are you, Mr. Fleecer?" This was said while a mutual grapple of the hands took place, attended by an undulating motion of the whole frame. After a few more congratulatory words, we proceeded to business. With a vast deal of higgling, the peddler laid out a variety of articles, generally selecting them with a reference to two points, bulk and cheapness. The idea he entertained of his customers seemed to be, that they would buy books as they would load a boat, by the measure of size only. So nice a test as weight, even, was in his experience too subtle and delicate a principle to be used in the purchase of these articles. The subject, the manner in which it was treated, the name of the author, the quality of paper and print, were all considerations either secondary or overlooked. Having made up the bulk of his purchases in this way, Mr. Fleecer looked over my shelves, and poked about in every nook and corner, as if searching for something he could not find. At length, taking me to the farther end of my shop, and stealing a heedful glance around, to see that no one could overhear us, he spoke as follows, in a low tone. "Well, Doctor-you're a doctor, you know,-now let me see some books in the doctors' line. I suppose you've got Aristotle's "No, indeed!" said I. ? " "Oh! none of your gammon; come, out with would hear us. it! I'll pay a good price." "Upon my word I haven't a copy!" "You have! I know you have! "Well, haven't you got Volney's Ruins?" "No." No, not a copy." "Are you in airnest, Doctor?" "Yes, I never keep such books." "Who said you did? You don't keep 'em, ha? Nor I nother; I only axed you to let me see 'em! Aint my father a deacon in Pokkytunk, and do you suppose I want to meddle with such infidel trash? Not I. Still there's no harm in looking, I suppose. A cat may look on a king, mayn't she, Doctor?" "Yes, no doubt." "Well, well, that's settled. Have you got Young's Night Thoughts?' Plenty." "Let me see one." "Aye, this is it. That are picter there, is a very material pint, Doctor. The young fellers down in Kentucky think it's a wolloping kind of a story, you know, about some gal that's in love. They look at the title-page, and see, 'NIGHT THOUGHTS, BY ALEXANDER YOUNG.' Well, that seems as if it meant something queer. So they look to the frontispiece and see a female all wrapped up in a cloak, goen out very sly, with nothing under heaven but the stars to see what she's about. 'Hush, hush,' I say, and look round as if afeard that somebody I And then I shut up the book, and put it into my chist, and deliberately lock the lid. Then the feller becomes rampacious. He begs, and wheedles, and flatters, and at last he swears. shake my head. Finally he takes out a five-dollar bill; I slip it into my pocket, and hand him out the book as if I was stealin, and tell him not to let anybody know who sold it to him, and not to take off the brown paper kiver till he gets shut up tight in his own room. I then say, 'Good-day, mister,' and clear out like chain lightning, for the next county." "You seem to be pleased with your recollections, Fleecer." "Well, I can't help snickering when I think of them fellers. Why, Bleech, I sold more than tew hundred o' them Night Thoughts, for five dollars a-piece, in Kentucky, last winter, and all the fellers bought 'em under the idea that 't was some queer story, too good to be altogether decent." "So you cheated 'em, ha?" "I cheated 'em? not I, indeed! If they were cheated at all, they cheated themselves, I guess? I didn't tell 'em a lie. Couldn't they see for themselves? Haven't they got eyes? Why, what should a feller du? They come smelling about like rats arter cheese, and ax me if I haint got some rowdy books: I show 'em the Sky Lark, and Peregrine Pickle, and so on, but they want something better. Well, now, as I told you afore, I'm a deacon's son, and I don't like to sell Tom Paine, and Volney's Ruins, and that sort o' thing. So, thinks I to myself-I'll play them sparks a Yankee trick. They want some rowdy books, and I'll sell 'em something pious. In this way they may get some good, and in the course of providence, they may be convarted. Well, the first one I tried, it worked like ginger. He bought the book at a tavern. Arter he'd got it he couldn't hardly wait, he was so fairse to read it. So he went into a room, and I peeped through the key-hole. He began at the title-page, and then he looked at the figger of Miss Contemplation walking forth among the stars. I could see his |