"This is excellent consolation! He gave me a deed of warranty, it is true, but you know that he left his daughter and her husband only the privilege of paying some thousands of dollars which Burton had borrowed for him a few months before." her claim cannot be sustained, but your title is fully accomplished. Being perfectly honest and singood." cere, he believed that in covering Burton with infamy, he was only vindicating the honor of his profession. The evidence which Witherman had put into his hands was then produced. The hand-writings of Parkett and of the subscribing witness, were satisfactorily proved by several unexceptionable witnesses, who, as is usual in such cases, were as positive as if they had seen the names written. The manner in which the paper had been found, and many other circumstances, so strongly corroborated this view of the subject, that the opinions of all present were soon reversed; and Burton, whom they had lately considered a wronged and persecuted man, now stood before them a sordid villain, baffled and unmasked. The judge indulged in some sharp reflections on the iniquity of the plaintiff's claim, and the jury promptly and indignantly rejected it. Witherman had kept his promise, and Lander was again triumphant. "I know all that; and if he had left them the necessary property you would not need my services to enable you to baffle them." Then taking up a pen, and writing a few lines, Witherman continued: "There, sign that, and I pledge myself to make your title good." "When I promised that you should have your own price," said Lander, "I did not expect such a demand as this; but I will stand to what I have said, and see that you keep your pledge;" and he signed a note for an exhorbitant sum. The day of trial at length came; and Burton repaired to the Court with the confidence of a man who knows that his cause is good, and his evidence conclusive. The law was well settled, and the fact, a matter of record. His cause was, therefore, quickly and triumphantly made out, by simply reading the will in evidence. Nothing could be more satisfactory: the court, the jury, the by-standers, all saw at a glance that the question was settled; and nothing was now wanting but the formality of a verdict. "Gentlemen," said the judge to Lander's counsel, "I suppose it is hardly necessary to pursue this matter any further." "I beg your honor's pardon," said one of the leading members of the bar, whose services Witherman had secured, and who acted under his instructions, and in perfect good faith; "our defense shall be brief, but I hope decisive." He then proceeded, to Burton's utter amazement, to declare that he was prepared to prove, that Mr. | Parkett, on his daughter's marriage, had settled property on her far exceeding in value that which was now in controversy. That the settlement had been drawn by a member of the bar, now dead, and was recently found among his papers, duly signed, sealed and witnessed; that Mr. Parkett had been reputed a man of wealth, and yet, to the surprise of every body, died poor. Here, then, was the explanation of this great wonder. He and the present plaintiff alone | knew that the property now in controversy was entailed. He might, therefore, sell it for its full value, and yet, on his death, it would pass by descent to his daughter. It was necessary, however, that he should leave no property behind him; for if his daughter should receive other property of equal value from him, it would bar her claim to this. His other property was, therefore, clandestinely conveyed to her, and he died apparently without possessing any. Fully believing this statement, as he did, the learned counsel followed it up with a stream of burning invective. Turning upon Burton, he scourged him with a whip of scorpions. He represented him as the contriver and adviser of the infamous project, and the recipient of all the benefits, if it should be success Burton was almost stupefied by this new and unexpected blow, and sat for some time gazing vacantly at the clerk who announced the verdict; then, quietly leaving the court house, and avoiding all observation, with a heavy heart and a gloomy brow he hastened homewards. His wife had been impatiently awaiting his arrival, and hastened to receive him and congratulate him on his victory-for she never had dreamed of any other result. But a single glance of his eye was enough to fill her heart with dismay, and cause her to turn from him in tears. She read there the emotions of a soul in torture, and knew that his strong mind and regulated passions could not be thus moved by any thing else than what he deemed a signal calamity. Burton silently threw himself into a chair, and struggled hard to recover his usual serenity of mind and countenance. But all in vain. The anguish of his spirit was insupportable. At length he groaned out, "Lucy, I am a ruined man." "Alas! Sydney, why do you speak thus? Why do you look thus? If your hopes of wealth are defeated, surely there are other sources of happiness left to us, far more precious than this. Have we not been happy in this little cottage? and if we lose it, we shall be happy in one that is humbler still. If they have robbed us of our property, they cannot at least deprive us of our good name. Whilst you continue to be loved and respected by the whole community you are more than rich. Your talents and known integrity will soon bring you riches and honors. Oh," continued she, unconscious that her words went like poisoned arrows to his heart, "if you could have heard the language of praise that has so often made my heart beat high with pride, you would feel that a reputation for truth, honor, and a high and noble spirit, does not need the ornament of wealth to make it honorable.” Burton covered his face with his hands, as Lucy continued her loving but torturing exhortation: "Suppose," said she, "that instead of a paltry loss of money, your reputation had been stained, your character blackened, your name dishonored; how trifling would then have seemed such a loss as that you have now suffered? Think, then, of what you still possess, rather than of what you have lost or failed to gain; and let us be grateful to a kind Providence for having spared you at least an unsullied reputation." veloping the human soul; that virtue was not worthy of the name, until it had been tried in the furnace of affliction; and how often have I heard you say, that the highest and truest courage, was that which calmly and firmly sustains itself against the current of popular opinion." "Very true! very true!" said Burton, his countenance almost relaxing into a smile. "Why," continued Lucy, "there have been times when I almost wished to see you under such circum "Ay," said he, mechanically pursuing her train of reflection, "you are right. Reputation, reputation, reputation all the rest is dross compared with that. I would not have exchanged the good opinion of one honest man for all the property I have been contend-stances, that I might apply your glorious pictures to ing for; I would not have forfeited the esteem of the yourself; that I might behold in you the hero, the community in which I live, for millions of acres. philosopher, the man whose faith never wavered, Disappointment has been my portion from child-though friends betrayed; whose heart never failed, hood; I have often groaned and wept in sorrow; today, for the first time, I have blushed and hung my head in shame. Reputation! it has been the balm of my wounded spirit; the light of my life, the star of my hope. This morning it was mine by the agreement of all the world; but where is it now?" though all the world opposed him. I dreamed that you were all these; and, oh! how my heart swelled with love and admiration. Nay, it was not a dream; you were, you are all these, my own brave and truehearted Sydney.” Burton's eye recovered its wonted fire, and, as he paced the room with a firm and energetic step, he felt his spirit return unto him. "Sweet monitor," he said, "you have recalled me to myself. Alas! that I should have forgotten my philosophy, the moment an opportunity occurred for putting it in practice. This is my first practical lesson.. It is a stern one; but, (thanks to your cheering voice,) I am now prepared to receive it and to profit by it. Whilst all continues right here, (laying his of fortune. When the sky is curtained with clouds, men say that the stars have gone out, because they can no longer see them; but, in truth, they shine on with the same calm, steady light, whether seen or unseen by mortal eyes. And so it is with virtue; though calumny may render it invisible from without, it never ceases to warm and illuminate the heart in which it dwells." At this moment an officer of the court entered and handed him a slip of paper. He glanced at it for a moment, and then handed it to his wife, repeating, "Ay, where is my reputation now?" It was an order of court, directing him to appear and show cause why his name should not be stricken from the roll of attorneys for dishonorable and fraudulent conduct. Lucy had no sooner read it, than, with a sharp cry, she sunk insensible on the floor. Burton flew to her assistance, reproaching himself with want of consid-hand upon his heart,) I am prepared for any extremity eration in subjecting her to so sudden a shock, and feeling a new sense of desolation come over him at the prospect of losing his dearest, best, only remaining friend. He began to fear, too, that his conduct had caused even her to conceive suspicions of his integrity; and this reflection was the bitterest drop in all the cup. She presently revived, and he hastened to assure her of his innocence. He explained to her all that had happened. The signature which had been produced in court as her father's, was so much like it that, under other circumstances, he would himself have sworn to it without hesitation. He could not tell how it was, but he was entangled in a net from which he saw no hope of escape. Every thing was against him; the testimony of respectable witnesses, all appearances, and all opinions. "Sydney," said Lucy, at length smiling through her tears, there are two great subjects on which I have often heard you discourse with more enthusiasm than on any other--the one was faith, and the other moral courage. In such moments I sometimes thought that your eye pierced through the mists of time, and realized the glories of eternal truth and justice; and I believed, (for such was your language,) that your heart would never quail before the presence of men, so long as you possessed an approving conscience. Have you forgotten these principles, or were they mere flights of imagination?" "They were great truths; but, alas! the clouds of adversity have darkened even my moral percep tions." "Oh, Sydney," she continued, "I have heard you maintain, that adversity was the chief agent in de When the time came for Burton to appear before the court and answer the charge of fraudulent and dishonorable conduct, he found himself wholly unable to combat the array of arguments that were brought against him. It was manifest, too, that every body looked on him as a fallen and ruined man. His former friends saluted him with cold civility; as he passed along the way closed before him; wherever he went he found himself alone. He had nothing to oppose to the charge but his own solemn declaration; and that, of course, in a case so clear, could avail him nothing. The forms proper to the occasion were gone through with as an appointed ceremony; and the judge proceeded to pronounce the sentence, which he had written out beforehand. After dwelling on the importance of the legal profession; on the necessity of unsullied integrity in those who practice it; on the infamous character of Burton's offence, and the indisputable certainty of his guilt, he was about to pronounce sentence of expulsion from the Bar, when he was interrupted by the confusion created by some one forcing his way in great haste through the crowd. It proved to be the venerable clergyman of the village, who begged that the judge, before proceeding further, would allow | gether in the garden at the old homestead, "to-mor him to say a few words. "I come," said he, "from the death-bed of a member of this bar, Mr. Witherman, and I bring to your honor a message of grave importance. Though fearfully tortured with the pangs of a guilty conscience, I believe that he was perfectly sane; and with his dying voice he implored me to hasten hither and assure your honor, on the word of a dying penitent, that the charge you are this morning trying against Sydney Burton is wholly false; that being skillful in the imitation of hand-writing, he had himself forged the papers which bore the name of Richard Parkett, and contrived all the other circumstances which seemed so conclusive of Burton's guilt. He then bade me hand your honor this paper, which he said would enable you to unravel the whole conspiracy; and these were his last words. I have thus discharged my mission; and I hope its urgency will excuse my unceremonious interruption of your proceedings." The cause was immediately adjourned for further consideration. row is the anniversary of our first fishing excursion. It is an epoch in our lives worth commemorating. Let us, therefore, get up another, as much like it as possible; except, indeed, the upsetting of the canoe which answered a very good purpose, then, but there would be no occasion for it now. With a little stretch of imagination we can easily go back some years and fancy it to be the same day and the same occasion. You are again the mistress of this beautiful home; troops of friends will again come at our bidding; nature is clad in the same green mantle; the birds sing the same songs; and the waters murmur the same tunes. A kind Providence has also turned our darkness into light. One short hour ago, and yonder mountain was robed in mist to its very base; see, now, how it sparkles in the sunshine! Lucy, why are you plucking all those beautiful flowers?" Lucy pointed in silence to a distant enclosure, which contained her father's grave. A feeling of sadness passed like a shadow over their hearts, reminding them that life is a checkered scene of joy and sorrow. And here we shall leave them, to the But, "I have just been thinking of it, Lucy," said Bur-indulgence of those contending emotions of regret, ton, one bright spring morning, as they walked to- gratitude, and bright anticipation. A REQUIEM BY THE SEA. BY HELEN IRVING. I HEAR the sea-waves dashing And roaring on the shore But a voice is in their chorus That I never heard before; A voice whose sound hath power to fill A voice that moans unceasingly, Moans of a summer midnight When in the hush of murmuring winds, Cold is the sea, but colder yet Is the brow that its waters lave, And the tide is still in the breast that heaves Oh, I pine, beloved, to hear once more And I pine to feel thy living heart I pine for all thy brother-love, Ah! "nevermore and nevermore" Oh, Thou, who wept at Bethany, THE American Woodcock, Scolopax minor, or, as it has been subdistinguished by some naturalists, from the peculiar form of its short, rounded wing, the fourth and fifth quills of which are the longest, Microptera Americana, is, as the latter title indicates, exclusively confined to this hemisphere and continent. It is much smaller than its European namesake, being very rarely killed exceeding eight or nine ounces in weight, and sixteen inches in extent from tip to tip of the expanded wings; whereas the European cock averages full twelve ounces, being often found up to fifteen, and measures twenty-five or twentysix inches. In general appearance and color they bear a considerable affinity each to the other; the upper plumage of both being beautifully variegated, like the finest tortoise-shell, with wavy black lines on a rich brown ground, mottled in places with bright fawn color and ash-gray; but the breast and belly of the American bird are of a deep fulvous yellow, darkest on upper part and fading to a yellowish white at the vent, while its European congener has all the lower parts of a dull cream color, barred with faint dusky waved lines, like the breast feathers of some of the falcons. It has generally been believed that the large cock of the Eastern continent is never found in America; and all analogy would go to strengthen that belief, for neither of the birds range on their respective continents very far to the northward, whereas it is those species only which extend into the Arctic regions, and by no means all of them, that are common to the two hemispheres. Some circumstances have, however, come recently to my knowledge which lead me to doubt whether the large woodcock of the Eastern hemisphere does not occasionally find its way to this continent, although it is difficult to conceive how it should do so, since it must necessarily wing its way across the whole width of the Atlantic, from the shores of Ireland or the Azores, which are, so far as is ascertained, its extreme western limit. A very good English sportsman resident in Philadelphia, who is perfectly familiar with both the species and their distinctions, assures me that during the past winter a friend brought for his inspection an undoubted English woodcock, which he had purchased in the market; it weighed twelve ounces, measured twenty-five inches from wing to wing, and had the cream-colored barred breast which I have described. The keeper of the stall at which this bird was purchased did not know where it had been killed, but averred that several birds had previously been in his possession, precisely similar to this in every respect. It is not a little remarkable that the same gentleman who saw this bird, and unhesitatingly pronounced it an European cock, was informed by a sporting friend that he had seen in Susquehanna county a cock, which he was satisfied must have measured twenty-five inches in extent, but which he unfortunately missed. There is likewise, at this time, in the city a skull and bill of a woodcock of very unusual dimensions, of which I am promised a sight, and which, from the description, I am well nigh convinced is of the European species. It is possible that these birds may have been brought over and kept in confinement, and subsequently escaped, and so become naturalized in America; and yet it is diffi cult to conceive that persons should have taken the trouble of preserving so stupid and uninteresting a bird as the woodcock in a cage, unless for the purpose of transporting them from one country to another in order to the introduction of new species. This might be done very easily with regard to some species, and with undoubted success; and it has greatly surprised me that it has never been attempted with regard to our American woodcock, which might unquestionably be naturalized in England with the greatest facility; where it would, I have no doubt, multiply extraordinarily, and become one of the most numerous and valuable species of game, as the mildness of the winters in ordinary seasons would permit the bird to remain perennially in the island, without resorting to migration in order to obtain food. The woodcock and snipe can both be very readily domesticated, and can be easily induced to feed on bread and milk reduced to the consistency of pulp, of which they ultimately become extremely fond. This is done at first by throwing a few small red worms into the bread and milk, for which the birds bore and bill, as if it were in their natural muddy soil. In all countries in which any species of the woodcock is found, it is a bird essentially of moderate climates, abhorring and shunning all extremes of temperature, whether of heat or of cold. With us, it winters in the Southern States from Virginia, in parts of which, I believe, it is found at all seasons of the year, through the Carolinas, Georgia and Florida to Louisiana and Mississippi, in the almost impenetrable cane-brakes and deep morasses of which it finds a secure retreat and abundance of its favorite food, during the inclement season, which binds up every stream and boggy swamp of the Middle and New England States in icy fetters. So soon, however, as the first indications of spring commence, in those regions of almost tropical heat, the woodcock wings its way with the unerring certainty of instinct which guides him back, as surely as the magnet points to the pole, to the very wood and the very brake of the wood in which he was hatched, and commences the duties of nidification. the Atlantic sea-board, so ruthlessly are they persecuted and hunted down by pot-hunters and poachers, for the benefit of restaurateurs and of the lazy, greedy cockneys who support them. There is, however, I fear little hope of any legislative enactment toward this highly desirable end; for too many even of those who call themselves, and who ought to be, true sportsmen, are selfish and obstinate on this point, and the name of the pot-hunters is veritably legion. Moreover, it is to be doubted whether, even if such a statute were added to our game-laws, it could be enforced; so vehemently opposed do all the rural classes, who ought to be the best friends of the game, show themselves on all occasions to any attempt toward preserving them, partly from a mistaken idea that game-laws are of feudal origin and of aristocratic tendency; and so averse are they to enforce the penalties of the law on offenders, from a servile apprehension of giving offense to their neighbors. At present, in almost all the States of which the woodcock is a summer visitant, either by law or by prescription July is the month appropriated to the commencement of their slaughter; in New York the first is the day, in New Jersey the fifth, and in all the Middle States, with the single exception of Delaware, where it is deferred until August, some day of the same month is fixed as the termination of close time. Even in Delaware the exception is rendered nugatory, by a provision permitting every person to shoot on his own grounds, whether in or out of season, in consequence of which the birds are all killed off early in June. It may now be set down almost as a rule, that in all the Atlantic seaboard counties, and, indeed, every where in the vicinity of the large cities and great thoroughfares, the whole of the summer hatching is killed off before the end of July, with the exception of a few scattered stragglers, which have escaped pursuit in some impenetrable brake or oozy quaginire which defies the foot of the sportsman; that few survive to moult, and that the diminished numbers, which we now find on our autumn shooting-grounds, are supplied exclusively by the northern and Canadian broods, which keep successively flying before the advancing cold of winter, and sojourning among us for a longer or a shorter period, ere they wing their way to the ricefields of the Savannah, or the cane-brakes of the Mississippi. If my method could be generally adopted, of letting the fifteenth day of September, after the moulting season is passed, and when the birds are beginning again to congregate on their favorite feeding-grounds, be the commencement of every sort of upland shooting, without any excep tion, the sport would be enormous; the birds at that season are in full vigor, in complete plumage, in the perfection of condition for the table, and are so strong on the wing, so active and so swift, that no one could for a moment ima I am inclined to believe that the woodcock are already paired when they come on to the northward; if not, they do so without the slightest delay, for they unquestionably begin to lay within a week or two after their arrival, sometimes even before the snow has melted from the upland. Sometimes they have been known to lay so early as February, but March and the beginning of April are their more general season. Their nest is very inartificially made of dry leaves and stalks of grass. The female lays from four to five eggs, about an inch and a half long, by an inch in diameter, of a dull clay color, marked with a few blotches of dark brown interspersed with splashes of faint purple. It is a little doubtful whether the wood-gine them to be the same with the miserable, puny, halfcock does or does not rear a second brood of young, unless the first hatching is destroyed, as is very frequently the case, by spring floods, which are very fatal to them. In this case, they do unquestionably breed a second time, for I have myself found the young birds, skulking about like young mice in the long grass, unable to fly, and covered with short blackish down, the most uncouth and comical-looking little wretches imaginable, during early July shooting; but it is on the whole my opinion that, at least on early seasons, they generally raise two broods; and this, among others, is one cause of my very strong desire to see summer woodcock shooting entirely abolished. Unless this is done, I am convinced beyond doubt, that before twenty years have elapsed the woodcock will be as rare an animal as a wolf between the great lakes and fledged younglings, which any bungling boy can butcher as he pleases, with the most miserable apparatus, and without almost as well as with a dog, during the dogdays of July. The weather is, moreover, cool and pleasant, and in every way well-suited to the sport at this season; dogs have a chance to do their work handsomely and well, and the sportsman can do his work, too, as he ought to do it, like a man, walking at his proper rate, unmolested by mosquitoes, and without feeling the salt perspiration streaming into his eyes, until he can hardly brook the pain. But no such hope existing as that state legislatures, dependent, not on rational but on brute opinion, should condescend to hear or listen to common sense, on matters such as game laws, are we, or are we not, to abandon our plan, |