ing of the court thereon. Mr. Freeman has, as a rule, followed the first of these forms, and has acquitted himself with skill. But, after all, the most noticeable feature in the volume before us, is the exhaustive and admirable index. It would have delighted Swift, who made indexes a sort of hobby.

Mr. Freeman has adopted the plan of publishing his own reports, which enables him to supply the profession at a considerably reduced price from what they have been in the habit of paying. This is a good thing for the Illinois lawyers, and should receive their cordial support.

Eighteen hundred and forty-three divorce suits are pending in Indiana courts.

The annual cost of the judiciary in Mississippi, under the new system, is estimated at $200,000.

The health of Chief Justice Chase is said to be failing so rapidly as to render probable his retirement from the bench.

Madame Krietzoff is the name of the Russian female lawyer who has just entered upon the practice of the law at St. Petersburg.

Judge Bradley, of the United States supreme court, was the recipient of a complimentary dinner from the members of the Galveston bar on the 19th ult.

Ex-Judge John H. Reagan, of Texas, says that the present laws of Texas are good, and the judges generally do their duty, but the juries are too lenient.

An Otsego county lawyer, who some months since was put off the cars on the Central railroad because he refused to give up his ticket before a seat was provided for him, has sued the company for damages.

Judge Humphreys, of the supreme court, District of Columbia, has required Mr. Bradley to enter into bonds to keep the peace toward Judge Fisher in the sum of $5,000.

Marcelino Martinez, a lawyer, who held a prominent position under Maximilian, died on the 16th ult., in San Francisco, where, since the latter's downfall, he had been eking out a precarious living by teaching.

Judge Irwin, for many years judge of the United States district court for the western district of Pennsylvania - including Williamsport - died in Pittsburg, a few days ago, aged 88 years. He was appointed by Gen. Jackson.

There is a man in Harrisburg who has had a case at every court of quarter sessions (either as prosecutor or prosecuted), except two, since 1824, extending over a period of forty-six years, and aggregating one hundred and eighty-two cases.

A middle-aged man was publicly punished with twenty lashes, by order of a court, in London, Ontario, a few days ago. The official flagellator wore a mask. Delaware will be pleased to learn this. It was the first case of whipping in Canada, under an act passed in 1869.

The United States circuit court, at St. Louis, has decided the case of Hollis v. Lieut.- Gen. Sheridan and Major-General Page, for false imprisonment and illegal confiscation of property, in favor of the defendants. The case will be carried to the United States supreme court.

Gen. John F. Appleton, who was recently appointed and confirmed as judge of the United States court for the eastern district of Texas, is quite ill in California, of consumption. He is the eldest son of Chief Justice Appleton, of Maine, and is a young man of sound judgment, high attainments, noble character and fine ability.

The value of confederate money is in question in a Chicago court, some citizens of Richmond, Va., having bought certain real estate in Chicago and paid therefor $8,000 in confederate scrip. The question is whether, since that paper was recognized as a legal tender in Virginia at the time of the transfer, the bargain was valid.

A Savannah jury brought in a sealed verdict a few days ago, the envelope bearing the indorsement: "The business of court could be expedited by the attorneys being prepared before the cases are called, and not having to study them during the progress of the trial, by which the jury, witnesses and judge are all put to inconvenience."

The Mordaunt divorce case, which has created a scandal in England almost equal to the McFarland trial in this country, is at last closed, not because the lawyers were tired out, or the capacities of the witnesses exhausted, but for the reason that the continued insanity of the lady incapacitates her from making a legal reply, and further proceedings are necessarily dropped.

The innumerable heirs of Anneke Jans are still bothering the Trinity church people. The last move of their attorneys is to serve a capias on the wardens of Trinity church to appear in the United States circuit court, and answer a complaint against them by these heirs. The action has created quite a flurry among the magnates of Trinity, and the question of their right to hold the property will soon be brought to an issue.

After a verdict had been rendered in a late trial in Austin county, Texas, the judge addressed the jury in this way: 66 By your verdict you have said the accused is guilty of no crime. Your verdict being contrary to law, contrary to the evidence, and contrary to the charge of the court, the court disapproves of your action in the strongest possible manner. It is by such verdicts as this upon the part of petit jurors that Texas has been brought into disrepute among the other states of this Union."

A curious will case has just been, temporarily at least, adjusted in Chicago. The testament was that of one Andreas Eckner. This document was drawn up by a Teutonic justice of the peace, who testified that when the will was executed the testator was so far gone that he could no more than aswer "yaw" to each question that was asked him. The justice further deposed that, to the best of his knowledge and belief, the said Eckner was "starved to death," possibly by impatient heirs in a hurry to realize. However, the case being given to the jury, they found "the instrument to be the last will and testament of the deceased."

NEW YORK STATUTES AT LARGE.* CHAP. 424.

AN ACT in relation to statistics of the poor.

PASSED April 27, 1870; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. All the provisions of sections seventy-five, seventy-six, seventy-seven, and seventy-eight of chapter twenty, title one, part one, revised statutes of the state of New York, as amended by chapter two hundred and fourteen, laws of eighteen hundred and forty-two, and chapter one hundred, laws of eighteen hundred and fortynine, relating to reports by superintendents of the poor of the several counties of the state to the secretary of state, and the penalties for the neglect of duties under said acts, are hereby extended to and made applicable to the commissioners of public charities and correction for the city and county of New York, the superintendent of the almshouse of the county of Albany, the keeper of the poor-house of the county of Putnam, and the superintendents of the poor who are appointed by the boards of supervisors of the counties of Fulton, Herkimer, and Jefferson, the commissioners of the almshouse elected in the cities of Newburgh and Poughkeepsie, and all poor officers elected or appointed in other cities of the state under special acts of the legislature.

§ 2. The commissioners of the almshouse of the cities of Newburgh and Poughkeepsie, and the poor officers of other cities chosen under special acts of the legislature, shall annually, on the first day of December, report to the superintendent of the poor of their respective counties such statistics as, from time to time, may be required to be reported in the other cities and towns of this state, under the general laws of the state.

23. The superintendents of the poor elected or appointed to the several counties of the state, the superintendent in the almshouse of the county of Albany, the keeper of the poor house of the county of Putnam, and the commissioners of public charities and correction of the city and county of New York, are hereby required to make annual reports for their respective counties to the secretary of state, on or before the tenth day of January of each year (covering the year ending November thirty), upon the statistics of the poor required to be made by the acts hereby amended.

§ 4. The secretary of the state shall annually, on or before the first day of March, report to the legislature the results of the information obtained in pursuance of this

act.

$5. The superintendents of the poor in counties in which there are no poor-houses, or in which the distinction between town and county poor has been revived, are hereby directed and required to procure from supervisors and overseers of the poor in the several towns in such counties the statistics necessary to enable them to make the annual report required by this act.

6. The secretary of state shall, from time to time, furnish the officials named in the first and second sections of this act with the necessary forms, blanks, and instructions required in making up reports upon the statistics of the poor.

27. The secretary of state is hereby authorized and directed to cause this act, together with all the general and special poor laws now in force in this state, to be compiled and published in pamphlet form, with such notes and explanations, forms and instructions adapted to the several systems of supporting the poor, as in his opinion may be necessary, and that he cause the same,

* These laws have been carefully compared with the originals, and may be relied upon as accurate. We have not thought it necessary to take up space by attaching to each the certificate of the secretary of state which is attached to the copy from which we print. - ED. L. J.

when published, to be distributed to superintendents and overseers of the poor and keepers of poor-houses in this state, also to town and city clerks, county clerks, and clerks of boards of supervisors in this state.

CHAP. 461.

AN ACT to amend an act entitled "An act to more particularly define the duties of overseers of highways, and their appointment, in conformity with the provisions of chapter five hundred and twentytwo of the laws of eighteen hundred and sixtyfive," passed May ninth, eighteen hundred and sixty-eight.

PASSED April 28, 1870; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Sections four and five of chapter seven hundred and ninety-one of the laws of eighteen hundred and sixty-eight, passed May ninth, eighteen hundred and sixty-eight, are hereby amended so as to read as follows: §4. Section forty-seven of article third, title one of chapter sixteen of the first part of the revised statutes, is hereby amended so as to read as follows:

47. Every overseer of highway shall, on or before the first day of October in each year, make out and deliver to the supervisor of his town a list of all resident landholders residing in his district who have not worked out their highway assessment or commuted for the same, with the number of days not worked or commuted for by each resident of his district, charging for each day in such list at the rate of one dollar and fifty cents per day; and also a list of all the lands of non-residents and of persons unknown, which were assessed on his warrant by the commissioner of highways, or added by him according to law, on which the labor assessed has not been performed or commuted for, and the number of days' labor unpaid by each, charging for the same at the rate of one dollar and fifty cents per day; which list shall be accompanied by the affidavit of the overseer, duly certified, that he has given the notice required by the thirtysecond, thirty-third, and thirty-fourth sections of this title, and that the labor for which such residents and such land is returned has not been performed or commuted.

5. Section fifty of chapter sixteen of the revised statutes, mentioned in the preceding section, is hereby amended so as to read as follows:

50. It shall be the duty of each board of supervisors at their annual meeting in each year to cause the amount of such arrearages for highway labor returned to them severally, as provided in the preceding section, estimating each day's labor at one dollar and fifty cents a day, to be levied on the lands of all residents and non-residents returned as aforesaid, as returned by the assessors of the several towns, and to be collected in the same manner that the contingent charges of the county are levied and collected, and to order the same when collected to be paid over to the commissioners of highways of the towns respectively, to be by them applied to the construction, repair, and improvement of the roads and bridges in the district in which the labor was originally assessed. 2. This act shall take effect immediately.

СНАР. 552.

AN ACT in relation to towns having a public debt. PASSED May 2, 1870; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Whenever a town has a public debt, consisting of bonds or other evidences of debt issued on the credit of said town, it shall be the duty of the supervisor thereof, and he is hereby directed and required, to make a report to the board of supervisors of the county at the next annual session thereof after the passage of this act, and at every annual session thereafter, of the amount of the public debt of his said town.

2. The said report shall be in tabular form, specifying the different acts under which the bonds or debts were issued, with the rate of interest thereon, the amount unpaid at the time of the election of such supervisor, and the amount of debt paid at the date of his said report, and coming due during his term of office.

3. The report so made to the board of supervisors shall be published in the annual report of the proceedings of said board.

4. It shall also be the duty of such supervisor, and he is also directed and required, at the expiration of his term of office, at the annual town meeting for the election of town officers, to make and present thereto a duplicate copy of his report of the public town debt so made to the said board of supervisors, including and adding thereto the amount of bonds issued, and the amounts and interest paid, since the date of said report up to the day and date of his term of office, duly attested before a justice of the peace of his said town, and which said report shall be filed in the town clerk's office of the town, subject to the inspection, when required, of any elector thereof.

$5. All such bonds, and coupons thereof, paid, shall be canceled and burned by the town auditors of the town, at a meeting thereof to be held for that purpose within ten days previous to the annual town meeting; and a record thereof shall be filed, signed by the said board, in the office of the clerk of said town.

26. Any supervisor or other officer neglecting or refusing to perform any duty imposed by this act shall be deemed guilty of a misdemeanor, and shall forfeit, upon conviction, the sum of two hundred and fifty dollars for such offense, and be imprisoned not exceeding sixty days.

CHAP. 717.

AN ACT to authorize the sale of real estate in which any widow is or shall be entitled to dower, in satisfaction and discharge thereof.

PASSED May 6, 1870; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. In any action now pending, or which shall hereafter be brought, in the supreme court of the state of New York, or in any county court of any county in this state, by any widow, to recover her dower or right of dower in any real estate, or to procure the admeasurement thereof, the plaintiff in such action may file, in the office of the clerk of the court in which such action is or shall be pending, a consent in writing signed by her, the execution of which shall be acknowledged or proved in the manner now required by law to entitle a deed to be recorded, and in such consent may consent to accept a gross sum of money in full satisfaction and discharge of her dower and right of dower in such real estate, to be estimated on the net proceeds of a sale thereof, to be adjudged by the court, and may therein consent that the court may ascertain the amount of such gross sum of money in the manner authorized by the fifth section of this act. If the court in which such action is or shall be pending shall be satisfied that a portion of such real estate cannot, under the laws of this state now existing, be admeasured and laid off as the dower of such widow in the whole of such real estate without material injury to the interests of the parties in interest, or to the interests of some of them, and if the consent mentioned in this section shall have been filed as aforesaid, then, and in that case, such court shall have the power, and it is hereby authorized, in any such action, to adjudge and decree that such real estate be sold at public auction by the sheriff of the county in which such real estate is, or by a referee to be appointed by such court for that purpose, and such sale shall be made in the same manner, and notice thereof be published for the same length of time, as now provided by law in regard to the sales of real estate adjudged in an action to foreclose a mortgage.

§ 2. The court in any such action shall also have authority to direct that all taxes, assessments and water rates which are liens upon the real estate so adjudged to be sold at the time of the sale thereof, be paid out of the proceeds of such sale, and to direct that the sheriff or referee making the sale, with and out of such proceeds of sale, redeem such real estate from all sales thereof for unpaid taxes, assessments or water rates, and the plaintiff in any such action, if a sale of real estate shall be adjudged therein, shall be entitled to recover her costs and disbursements of such action, to be paid out of the proceeds of such sale.

§3. The court, in any action in which the sale of any real estate shall be adjudged, as hereinbefore authorized, shall also therein adjudge and decree that all the parties to such action shall, upon such sale being made, be barred of and from all the estate, right, title and interest whatsoever, which they and each of them had in such real estate at the time of such sale.

§ 4. If the right of dower of any widow in any real estate which shall be adjudged to be sold, pursuant to this act, shall be subject to any prior lien or incumbrance by mortgage or judgment, the court in any such action shall, in its discretion, have power to adjudge that the sale of such real estate be made subject to such lien or incumbrance, or it shall have power in its discretion to direct the sheriff or referee to pay such lien or incumbrance out of the proceeds of the sale thereof.

5. The sheriff or referee who shall sell any real estate adjudged to be sold pursuant to this act shall file his report of sale therein, stating the amount for which he sold the real estate, and the amounts which, pursuant to the directions of the court, he shall have paid out of the proceeds of sale, and the purposes for which such payments were made, and the net amount of proceeds of the sale remaining after such payments, and, on such report being confirmed, the court shall ascertain, by reference or otherwise, what gross sum of money is equal to the then value of the plaintiff's dower in such net proceeds of sale, the same to be estimated according to the then value of an amuity at six per cent upon the principal sum during the probable life of the plaintiff, according to the tables commonly called the Portsmouth or Northampton tables, and such gross sum of money having been thus ascertained, the court shall thereupon order and direct the sheriff or referee who made the sale to pay to the plaintiff, or to her attorney in such action, out of the said net proceeds of sale, the said gross sum of money so ascertained, and such payment shall be in full satisfaction and discharge of the dower of such plaintiff in the whole of the proceeds of such sale, and the bal. ance of such proceeds of sale shall be brought into court, and by it directed to be paid to the parties entitled thereto. The plaintiff, if required by any other party to the action, shall, at the expense of such party, on receiving such gross sum of money, execute and deliver to such party a release of the real estate so sold from her dower and right of dower therein.

6. If, in such action or proceeding, the consent mentioned in the first section of this act shall have been filed, and a sale of estate shall not be ordered as herein provided, and the lands to be admeasured shall be vacant or unimproved lots, the commissioners, if the widow shall so elect, shall admeasure and set off to her for herself, her heirs and assigns forever, as her absolute property, a portion and share of such lands, quality and quantity relatively considered by them according to the value of her interest and estate in dower in gross, and which in value shall be deemed, upon the principles of law applicable to annuities, a reasonable satisfaction for such estate or interest in such lands, designating the share and portion by metes and bounds, and they may employ a survey r with necessary assistants to aid them therein, which lands, when so allotted to said widow, shall be held by her in fee simple as her absolute property, but in full satisfaction of her dower and interest in such lands.

7. This act shall take effect immediately.

The Albany Law Journal.

ALBANY, JUNE 18, 1870.

RUFUS A. LOCKWOOD. During the term of the supreme court of the United States, in December, 1855, a stranger occupied the same seat in the court room day after day, until his presence became almost a feature of the place; and even the impassive Taney realized there was a new fixed object within his visual horizon. His general appearance might have been catalogued as follows: height, above medium; figure, large and ungainly; movements, awkward; complexion, sallow and tobacco-smoked; eyes, dark and deep, with dilating pupils edged with yellow-cat-eyes in the dark; hair, dark brown, sprinked with gray; head, feet and hands large-the left hand web-fingered; features, not irregular, but without play or mobility, with a fixed expression of weariness; dress, careless, almost slovenly; age, fifty years, bearing the burden of four

score.

Each day, from the opening to the adjournment of the court, he gave to all its proceedings to its mere routine, to the driest and most technical argument, to the most absurd speech (and speeches were made there that would not have been tolerated in the twelfth district court, PRATT, J.), and to the most finished and cogent reasoning-the same constant, apathetic attention. The last day of the term was reached, and the court was about to adjourn, when the stranger arose, and, addressing the court with a trepidation of voice and manner that his will barely mastered, said he had traveled six thousand miles to argue a case that stood next upon the calendar; the counsel for the other side was present, and anxious that the case should be heard; if it went over to the next term, it would involve an inconvenience to counsel and expense to the parties, that would amount almost to a denial of justice: and under the circumstances, he felt privileged to ask the court to sit one day longer.

After a brief consultation the judges acceded to the request; and it was announced that, on the following day, the court would hear the arguments in the case of Field v. Seabury.

More than the usual number of spectators were present on the following day; and there was something more than curiosity to hear this lawyer, who had often been heard of, but never before heard in that court. The consciousness of this curiosity and expectation embarrassed him in the opening of his speech, but his mind fairly in motion soon worked itself free, and his phlegmatic temperament glowed to its core with flameless heat. For two hours he held the undivided attention of the court in an arguinent that was pure law. He had that precision of statement, skill, and nicety in the handling of legal terms, which modulate the very tones of the voice, and by which lawyers instinctively measure a lawyer-that readiness which reveals an intellectual training that has become second nature-that selfcontained confidence that is based on the broadest

preparation that logical arrangement which gives the assurance, that back of every proposition is a solid column to support it if attacked-and that strength and symmetry of expression which carry the conviction, that behind utterance there is a fullness of knowledge that floods every sentence with meaning, and an unconscious reserve of power which gives to every word a vital force.

Long before he had concluded, it was known to all present that the stranger was Rufus A. Lockwood, of San Francisco; and he was that day, in the estimation of at least one of the judges who heard him, the equal of the best lawyer in the United States.

Though this was his first (and only) appearance in the United States supreme court, his brief had been before the court in the case of the Mariposa Land Grant (Fremont's), had gained the case, and been closely followed in the opinion. In examining that brief, Caleb Cushing-then attorney-general - exclaimed, in admiration of its legal learning and research, "Who is this man Lockwood?"

Who was he, and why was he not as well known to the profession and public as Choate, Evarts, O'Conor, Grimes, Benjamin, Reverdy Johnson, Stanton, Ewing, or Cushing himself?

The story of his life would answer this question; and if it could be fully told, with the long, dark struggle between the insanity in his blood and the spirit it almost "o'er-crowed," would be as full of tragic interest as that of Edipus or Medea.

He was born in 1811, in Stamford, Connecticut, and his true name was Jonathan A. Jessup. At eighteen he was a student in Yale College, in the junior class, distinguished among his fellows for his proficiency in Latin and pure mathematics, and for his familiar acquaintance with English classics. In the midst of the term, for some reason known only to himself, without the consent of his friends, he left college, and enlisted as a sailor on a United States man-of-war. In his first cruise, he saw one of his messmates tied up and flogged for a trivial fault. Outraged by the injustice of the punishment, and shocked by its brutality, he determined to desert; and succeeded in doing so when his vessel returned to New York after a short voyage to the Bahamas. He changed his name to Rufus A. Lockwood, taking his mother's family name; worked his way to Buffalo on the Erie canal, and took passage on one of the first schooners that made the voyage of the lakes, to Chicago.

Chicago then (1830) was a frontier village, the solitude of the prairies on one side almost as unbroken as that of the lake on the other. Lockwood arrived there bareheaded, without money or friends. A farmer from the interior accidentally became acquainted with him, and believing there was material in him for a country school-master, took him in his farm wagon to his home at Romney, Tippecanoe county, Indiana. Romney was too small a place for the eye of the geographer, and had no existence on the map; but it maintained its store, blacksmith shop, tavern, and "grocery" in the clearing; its only public edifice the log building that answered the double purpose of a school house in the week, and on Sundays a church for any traveling preacher that happened in the neighborhood. For about a year Lockwood taught alternate terms at

Romney and Rob Roy, a similar village in an adjoining county; devoting his time out of school to the study of medicine. A friend writes: "For some time every thing went well, but some unpleasantness arose between him and his Rob Roy patrons, and the warrior habit which so distinguished him in later life brought on a sharp collision. Without hesitation, he struck out for Romney one of the coldest days in winter, with the snow a foot deep. In crossing the eight-mile prairie' he lost his way, and never was nearer his end until he went down in the Central America. He reached my father's about ten o'clock at night, with his hands and feet so badly frozen, that, though every remedy was resorted to, he was disabled for the rest of the winter. As soon as he was able to walk, he commenced a school. We had, at that time, a debating society in Romney that was attended by all the 'natives.' Lockwood did not seem to have the least capacity for extemporaneous speaking; but every Saturday night he was regularly on hand, with a half-hour's speech thoroughly committed, and delivered without reference to manuscript. Some of these efforts gave promise of his maturest powers. You remember his solemn manner, his deep, sepulchral tones, and the force and energy with which he pressed his strong points. They are all associated, in my mind, with the debates at the old log school house."

About this time he determined to study law, and borrowing a copy of Blackstone, almost literally committed its text. His country school of from seven to twenty pupils did not afford a very promising outlook, and he was induced to go to Crawfordsville. That place, now the flourishing seat of Wabash college, did not then contain material for two schools, and the field was already occupied by one. Lockwood opened in opposition; got into a newspaper quarrel with his competitor; studied law by night; got married without a dollar in the world; was admitted to practice by the circuit court, and went to Thorntown, a new place in Boone county, to establish himself in his profession. He did not wait long for a client; he was sued by his landlord, and made his first appearance as a lawyer in his own case. He pleaded an unpaid tuition bill as a set-off, but judgment was given against him. He was unable to give an appeal bond, and the bed he and his wife slept on was sold by the constable for less than $10. No incidents of his life seem to have made a deeper impression on him than the flogging of his messmate and the constable's sale of his bed. He referred to the first with a shudder, as if the scene were still before his eyes, in the last year of his life. The last burned into his soul a dread and horror of debt; he never forgave its author, and, in the course of his professional life, found an opportunity to take a keen revenge.

Many years after, speaking of his Thorntown experience, he said: "I never knew how my wife lived. I know I lived on potatoes roasted in the ashes." He buried himself in study sought forgetfulness in study, as men do in drink. In his second case he was, fortunately, not his own client fortunately lost it, and appealed to the supreme court. Never was a case involving so small an amount more thoroughly prepared. He briefed it as though

| thousands were pending. In after years he often referred to the embarrassment he experienced at his first appearance at the supreme court. Morbidly sensitive; his uncouth appearance and coarse, illfitting clothes a burden to him; oppressed by a deep sense of poverty and friendlessness - he shrank from contact of men of the world as one long immured in darkness is pained by the light. He had not the courage to state to the court that he was present for examination as an attorney, and was only relieved from this difficulty by the accidental presence of the judge of his circuit, who made the necessary motion. Lockwood's appearance, of course, attracted attention; and the manner in which he passed his examination, with the exhaustive argument he made in the case he had carried up (Poulk et al. v. Slocum, 3d Blackford, 421), made him known to the court and bar as a man of mark. Even his landlady noted the changed manner toward him, and translated him from a lumber-room

in the attic to the floor of his peers.

His new position, however, brought him no new clients at Thorntown. He knew none of the arts by which success is conciliated. He was never the next friend of the clerk, the favorite of the sheriff, the inti

mate of the judge, familiar with jurors, nor the con

fidant of witnesses. He realized his disadvantage in the small encounters of social intercourse, and avoided them. He became moody, reserved, abstracted, studious. Never seeking business, what little there was in his sparsely settled country did not seek him. His deep love and ardent study of the law as a science, were rather bars than aids to his immediate success; credit for a trifling amount at the village store; he and his poverty was unrelieved. He was refused wrote the name of the owner in his black-book, and luxury. His home was never a happy one. He knew went back to potatoes in the ashes, with salt for a "the law was a jealous mistress," and in his heart it had no rivals. He was still under five-and-twenty; but he never was young. His life was always a struggle. He would make no terms with Fortune - it was an enemy to be conquered. In all his professional career he never seemed so entirely himself, as when he felt that court and jury were against him, and must be overcome by sheer force of intellect and will.

Albert S. White, of Lafayette, Indiana, had become acquainted with Lockwood at Indianapolis, and in the year following (1836) offered him a partnership. The offer was accepted, and he removed to Lafayette. His opportunity at length came.

Soon after the presidential election of 1836, a homicide was committed at Lafayette that caused the most intense excitement. Mr. J. H. W. Frank - a very young man, the junior editor of a democratic paper — had won a small wager from Mr. John Woods, a prominent merchant, on the vote of the city of New York. Frank called for settlement, and was accused by Woods of being in possession of the returns at the time the bet was made. A quarrel and rencounter ensued, in which Frank killed Woods by stabbing him with a pocket-knife. Woods was a man of high social position, and his party regarded him as a martyr whose blood was to be avenged.

White and Lockwood and John Pettit were engaged for the defense. White and Pettit prudently, perhaps, insisted that the safer course was to delay the