PROSPECTUS OF THE THIRTY-NINTH VOLUME. GREAT REDUCTION IN PRICE. THE Knickerbocker Magazine, EDITED BY LOUIS GAYLORD CLARK, will commence its THIRTY-NINTH VOLUME with the number for January, 1852. The subscription price for the KNICKERBOCKER will be reduced from FIVE DOLLARS to THREE DOLLARS, on and after the first day of January next. The change is made for a reason precisely the reverse of that which ordinarily induces a Publisher to lower the rates of his Magazine. This is usually done because the publication cannot be sustained at its orignal rate, which is consequently reduced with the hope of extending its circulation. This is followed invariably by a deterioration of the work, in all its departments, and in every thing relating to it. Indeed it may be laid down as a rule, in the conducting of a Magazine, that if the original price will not remunerate for its publication, it is only going from bad to worse to reduce that price. The KNICKERBOCKER at the present time enjoys a larger subscription list, and pays better, than it ever did before; and of the twenty years of its existence, the present year has been the most prosperous. The Publisher is now in a situation, in consequence of the condition of the Magazine, to offer it for THREE DOLLARS per annum. With this reduction there will be no change in its form, size, character or quality, except a change always continued for the better; for it will improve on the past, maintaining the position so long awarded to it. TERMS: THREE DOLLARS A YEAR, STRICTLY IN ADVANCE. THERE WILL BE NO DEVIATION FROM THIS CONDITION. To Clubs of Ten, $2.50 each. Booksellers and Postmasters are requested to act as agents. Those who will undertake to procure subscribers will receive favorable terms. Specimen numbers will be sent gratis on application post-paid. All remittances and all business communications must be addressed to SAMUEL HUESTON, 139 Nassau street, New-York. ART. I. AN OLD-TIME NEW-ENGLAND LAW-SUIT, II. LINES ON THE DEATH OF AN ONLY SON. BY MRS. L. H. SIGOURNEY, V. HEARTS OF OAK. IN TWO PARTS: PART FIRST. BY CAROLINE CHESEBRO', VIII. DESCENT INTO THE RAPIDS OF NIAGARA, IX. STANZAS: DANVILLE CEMETERY. By W. H. C. HOSMER, ESQ., XI. SUMMER TWILIGHT: A SONNET. BY NELL,' XIII. THE HARVEST OF LIFE, XIV. WAVE AND WOOD: OR JACK'S JOURNAL. BY KIT KELVIN,' XVI. YE LOW-BORN SQUIRE'S UNHAPPYE LOVE, XVII. LINES ON THE GREEK SLAVE. BY MRS. L. H. SIGOURNEY, XX. THE HARVEST-MOON. BY THE PEASANT-BARD,' XXI. A SEQUEL TO SAINT LEGER. BY RICHARD B. KIMBALL, Esq., LITERARY NOTICES: . 1. THE SEA AND THE SAILOR, ETC. BY THE LATE REV. WALTER COLTON, 2. SCENERY AND MIND. BY REV. E. L. MAGOON, 3. REPORTS OF THE NEW-YORK STATE ENGINEER AND SURVEYOR, . 451 4. LECTURES ON THE LORD'S PRAYER. BY REV. WILLIAM R. WILLIAMS, EDITOR'S TABLE: 1. COMPANIONS OF MY SOLITUDE: A RARE NEW WORK, 2. AN EPISTLE TO THE EDITOR. BY CARL BENSON,' 3. PHILLIPS'S FIRE ANNIHILATOR, 4. GOSSIP WITH READERS AND CORRESPONDENTS, 1. ASTRONOMICAL THOUGHTS: A COMET AND AN ECLIPSE. 2. LOVE-SICKNESS: 451 452 456 459 460 ENTERED ACCORDING TO ACT OF CONGRESS, IN THE YEAR 1851, BY SAMUEL HUESTON, IN THE CLERK'S OFFICE OF THE DISTRICT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW-YORK. Au Old-Time Lew-England Law-Suit. A CASE BETWEEN JAMES LINDSEY, OF CANTERBURY, PLAINTIFF, AND ABNER CLOUGH, OF SALISBURY, DEFENDANT. PROVINCE OF NEW-HAMPSHIRE: CANTERBURY, October 24th, 1743. JAMES LINDSEY, of Canterbury, within this Province, Cordwainer, commenced an action of Debt against ABNER CLOUGH, of Salisbury, in the Province of the Massachusetts Bay, Yeoman; and accordingly both parties appeared on this said twenty-fourth of October, to prosecute the same before me. J— § —, Justice of Peace. PROVINCE OF NEW-HAMPSHIRE. THE WRIT. To the Sheriff of this Province of New-Hampshire, his Under-Sheriff, or Deputy, or to the Constable of Canterbury, Greeting: IN HIS MAJESTY'S NAME, you are required to attach the Goods or Estate of Abner Clough, of Salisbury, in the County of Essex, in the Province of the Massachusetts Bay, in New-England, Yeoman, to the value of forty shillings, old Tenor; and for want thereof, to take the body of the said ABNER CLOUGH, (if he may be found in your Precinct,) and him safely keep, so that he may be had before me, JS, Esquire, one of his Majesties Justices of the Peace for the Province aforesaid, at Canterbury, on Munday, the twenty-fourth day of October, at two of the clock in the afternoon, then and there to answer to JAMES LINDSEY, of Canterbury aforesaid, Cordwainer, in a Plea of Debt: That whereas you, the Defendant, on May the seventeenth, seventeen hundred and forty-three, did become indebted to the Plantiff the sum of sixteen shillings, old Tenor, (as by the account annexed to this Writ may appear,) which you did then promiss to pay to the Plantiff upon Demand, but does still neglect and refuse to pay the same, (though thereto often requested,) to the damage of the said JAMES LINDSEY (as he saith) the sum of forty shillings, as shall then and there appear, with other due damages. Hereof fail not, and make due return of this Writ, and of your doings therein, unto myself, at or before the said twenty-fourth day of October. Dated at Canterbury aforesaid, the thirteenth day of October, in the seventeenth year of his Majesty's Reign, Anno Domini seventeen hundred and forty-three. JS. THE ANNEXED ACCOUNT, AS CHARGED BY THE PLANTIFF. ABNER CLOUGH, of Salisbury, Dr. To two bushels of oats,.. THE PLANTIFF'S OATH TO HIS ACCOUNT. PROVINCE OF NEW-HAMPSHIRE: May ye 17th, 1743. £0 16 0 JAMES LINDSEY. JAMES LINDSEY, above Lamed, swore that he delivered to JOSEPH DAVIS, the hired man of the above-named ABNER CLOUGH, the two bushels of oats mentioned in the above account, on account of the said ABNER CLOUGH; and that he has not received the pay for them, nor any part thereof, this twenty-fifth day of October, Anno Domini seventeen hundred and forty-three. JS, Justice of Peace. Before me, THE RETURN OF THE WRIT. PROVINCE OF NEW-HAMPSHIRE: CANTERBURY, October 14th, 1743. By virtue of the within Writ, I have attached the Estate of the Defendant, as within directed, and at the same time gave him a Summons. WILLIAM MILES, Constable for Canterbury. When the Case was called, and the Defendant was desired to make answer to the Plantiff's charge, he pleaded an abatement of the writ for two reasons: First. That he desired the Plantiff to come to a Reckoning with him some time before the date of the within writ, alledging that there was an account between the Plantiff and him. Secondly. He denied that he had the oats which the Plantiff charged him for according to the writ, and therefore he denied the writ, because he said he never had the said oats by himself, or by any Person sent by him. To the first Plea the Plantiff said that he knew of no book account between him and the Defendant; and if the Defendant knew of any, he might take the same method to git it as he had done to git this. To the second Plea the Plantiff said that he could produce Proof that the Defendant had the oats which he had charged him for, and desired a continuance of the Case till he could produce the said Proof; and accordingly the case was continued till October 25, at seven of the clock in the afternoon. October 25, 1743.-The Plantiff endeavour'd to prove his charge by two Evidences, and by tendering his own oath to his Account. One of his Witnesses was Joseph Davis, the hired man of the Defendant, who received the oats of the plaintiff. The other was Eleanor Gipson, who was at the Plantiff's house when the said Joseph Davis received the oats. Joseph Davis said, upon oath, that he was never sent by the Defendant for the said oats; but that the Defendant's brother, Thomas Clough, or his wife, or both, (he could not remember which,) told him that he must bring two bushels of oats from James Lindsey's, which their brother Abner was to have of him; and that he went to the said Lindsey's house, and asked him whether he and Abner Clough had not some talk about some oats; and that he received two bushels of oats as what the said Lindsey and Abner Clough had talk about before; and that he carried the said oats to Thomas Clough, where the said Abner Clough and he boarded at that time; but that he did not deliver the said oats to the said Abner Clough, and did not know whether ever he had them. Eleanor Gipson said, upon oath, that she was at the house of James Lindsey, the Plantiff, when the said Joseph Davis came for two bushels of oats, which (she said) he asked for, for Abner Clough; and that she saw the said James Lindsey measure two bushels of oats and put them up, and the said Davis receive them. Also, the said Eleanor Gipson said that she heard the said Joseph Davis say that Abner Clough had not sent the money to pay for the oats, but that he said he would pay for them as he came up from the Interval. But the said Joseph Davis denied that he said so. When I had heard the case argued, because I had never tryed a case |