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keeper was inftantly dispatched to lay an information against him, and levy the penalty, or fend him to jail.

The game-keeper, the conftable, and the labourer appeared.

Mr. Quirk was employed by Mr. Rangeall, to attend the juf tices, that no lenity might be fhewn to the offender.

The poor man's defence was fimple, and truth on the fide of it. Mr. Quirk was very urgent to have the penalty levied, or the man committed to prifon.

The honeft labourer pleaded that if he was fent to jail, his poor wife and children, who fubfifted wholly on his wages, muft immediately come to the parish; and, with regard to the penalty, he had never been worth five pounds in all his life.

worships will pleafe to let him fpeak for me."

Mr. Quirk was permitted to ftate the cafe.

"An pleafe your worthips,' faid Mr. Quirk, stretching forth his left leg, and laying his hand on the table, in an erect attitude, to give an air of dignity to a figure rather diminutive" An please your worthips, I think the profecutor to be fure is a very wellmeaning and honeft man, but he is, perhaps, a little mistaken in this matter. The cafe was this: John took his gun in the last froft, and went to the river to fhout wild ducks. Now, I apprehend, in fubmiffion to your worships, that wild ducks and wild geefe, come not under the protection of the game laws.

"The bird in queftion-I will not,call it a goofe-this bird, I fay, was on the wing; John fhot, and unfortunately brought it down. How could he tell it came from the farmer's yard from the moment it quitted its reclaimed quality of anfer domefticus*, from that moment

My uncle hated the feverity of the game laws. Had the fellow brought the hare to him, he would have given him a fhilling, and never afked how he came by it; but, to oblige Mr. Rangeall, he ordered the man to be fined five fhillings, for the ufe of the poor of the it became fere nature, and free parish. for the firft occupant. This, gen"Your worship, I hope, remem-tlemen, I take to be law; I have bers," fays Mr. Quirk," that the made it my ftudy." He hemmed act of parliament, for punishing and looked important. "But, an thefe offences, fays five pounds." pleafe your worthips, admitting "Pr'ythee," fays my uncle, the fact, that the bird in queftion -looking at him indignantly, "dont was the property of the forinfecust, tell me of acts of parliament: I am there is a mifnomer in the charge, his Majefty's reprefentative, and as I have evidence ready to prove, hall do juftice."

The next perfon produced, was a perfon charged with killing a farmer's goofe, in a river, during the late hard froft. The fact being pofitively fworn to, the culprit was called upon for his defence. An pleafe your worthips," he, looking down on the ground, and turning his hat with one hand upon the other, "I am nothing of a talker, but Mr. Quirk fays my cafe is good, if your

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faid

upon oath, that it was not a goose, but a gander: and fæmina pro mas, muft, in any court of judicature, quafh the indictment, and nonfuit the plaintiff."

The juftices looked very wife; they put their heads together; they agreed it was a difficult cafe, and did not choose to decide upon it.They ordered the parties, therefore

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to be bound over to the next feffions.

Thus the meeting clofed, and the whole of us adjourned to dinner. Yours, &c.

THE BUFFALO.

An Etching by Mr. Howitt.

the tide, where we hoped to be more fuccefsful, we began to march forwards; but as I was much lefs curious in fifhes than in birds, I fhould have been foon tired of our sport, had not the politenefs of my friends, and the open and eafy gaiety of the ladies, engaged a little of my attention. I, however, rambled a good deal about on foot, from one fide to "IN a letter which Mr. Mulder another, exploring every part "IN wrote to me, he appointed a around, with the air, the roads, eager eyes, and not place of meeting, and propofed fuffering either the air, the roads, that we fhould amufe ourfelves or the trees to escape me. Having with fishing on the fea hore, if arrived at the borders of the lake, fuch an excurfion would not de- I fought for a commodious spot range me: he promised to bring where I might erect my tent; but with him nets, and every thing ne- an alarm, which we little thought ceffary for our ipending a week to- of, had nearly deranged all our grogether on the coaft; and he like. tefque cavalcade. In crofing a wife informed me that his wife fpot, cevered with very high and would be one of the party. This thick reeds, the workmen, all of a propofal gave me great pleafure; fudden, came upon a buffalo, which, and foon after the arrival of the had laid down there to reft. They, meffenger, Mr. and Mrs. Mudder were fo near, that the animal, as made their appearance, accompa- much frightened as they by this. pied by an officer next under Mr. unexpected apparition, in retiring, Mulder in command. One might threw down the horse of the under have compared them to fo many commander, and that of his wife. patriarchs on a journey; the lat-The confternation became general, ter on the bow of his faddle, over every one endeavoured to fly, and his piftols, carried a young child to make off as faft as poffible. Mr. four months old, which was fuck- Mulder's people, who were not led by his wife: they were all four much accustomed to buffaloes, beon horfeback. His carriage, with ing nearest the water, plunged into his nets and baggage, had gone to it up to their necks. Mine, better wait for us on the fea fhore. Hav- trained to hunting, affumed a bold ing ordered one of mine to be got look; but the animal, fcared by. ready alfo, I loaded it with my tent, the fight of fo many people on all one or two empty cafks, and every fides, and not knowing where to thing that I conceived would be fy, remained motionlefs, pofted ufeful, to us for our miraculous against an enormous rock. On fishing. hearing the noife, I immediately "When we reached the fhore, ran up, but unluckily I had no other after a few compliments, and the arms except my double-barrelled ufual ceremonies, we caft our nets fulee. It was not to be fuppofed feveral times into the water, but that an ordinary ball would kill a always in vain, we fcarcely caught buffalo. I, however, ventured to any thing: and this exercife afford approach him, and to fire. As ed amufement to nobody. Refolv-foon as I had difcharged my piece, ing, therefore, to proceed a little he quitted his pofition, and in a fu further, to a fmall lake formed by rious manner came straight towards VOL. XIII. No. 77.

Na

me;

me; but a fecond ball, which hitteps, but the most common, and him inftantly, damped his courage; that which I term the moft civil, he turned round, and paffing near one of my oxen, which carried our kitchen apparatus, difcharged all his fury on this peaceful animal, gave it two blows in the belly with his horns, and foon difappeared." Vide vol. I p. 169, Vaillant's First Journey.

DESCRIPTION OF THE DIVERSIONS
OF THE CHEROKEE INDIANS.

TH

From Jones's Travels.

and indeed the most practifed and admired among themfelves, is a now thuffling alternate flep; both feet move forward, one after the other, firft, the right foot foremost, and next the left, moving one after another, in oppofite circles, i e first a circle of young men, and within, a circle of young women, moving together oppofite ways the men with the courfe of the fun, and the females contrary to it; the men ftrike their open arm with their open hand, and the girls clap hands, and raife their fweet thrill voices, anfwering an elevated fhout of the men, at stated times, of termination of the stanzas; and the girls perform an interlude or chorus feparately.

HESE people, like all other nations, are fond of mufic, and dancing; their music is both Vocal and inftrumental, but of the latter they have fcarcely any thing worth the name; the tambour, rat- To accompany their dances, tle, gourd, and a kind of flute, they have fongs of different claffes, made of a joint of reed, or the as martial, bacchanalion, and amo tibia of the deer's leg,conftitute the rous, which laft I must confefs, principal part of their mufic; on are extremely libidinous; and they this latter inftrument they perform have moral fongs, which feem to badly, and at beft it is rather a hi-be the moft efteemed and practifed, deous melancholy difcord, than and answer the purpose of religious harmony. It is only young fel lectures. lows who amufe themfelves on Some of their most favourite these howling inftruments; but the fongs and dances, they have from tambour and the rattle, accompa- their enemies, the Chetaws; for nied with their sweet low voices, it feems thefe people are very emis produce a pathetic harmony, keep-nent for poetry and mufic; every ing exact time together; and the town amongst them tries to excel countenance of the musician at each other in compofing new longs proper times, feems to exprefs the tor dances, and by a cuftom folemn elevated ftate of the mind; amongst them, they must have, at at that time there feems not only leaft, one new fong for exhibition a harmony between him and his in- at every annual feaft. ftrument, but it inftantly touches They have a variety of games for the feelings of the attentive audi-exercife and paftime; fome parti ence, as the influence of an active cular to the men, fome to the fe and powerful fpirit; there is then male fex; and others wherein both an united univerfal fenfation of de- fexes are engaged. light, and peaceful union of fouls, throughout the affembly.

The ball play is efteemed the moft noble and manly exercife. Their mufic, vocal and inftru-This game is exhibited in an ex mental united, keeps exact timetenfive level plain, ufually conti with the performers or dancers. gnous to the town: the inhabitants

They have an endless variety of of one town play against another,

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