pose he presumed, that if Collins did not pay him for his "job," I would, for his information.

If Collins had behaved like a gentleman, in this one instance, and had told me that he did not wish me to have the horse, I would have given him up to him with pleasure. For I really did not want him, but only purchased him for the reasons before stated. I cannot imagine any motive for his conduct, except an apparent desire to get into scrapes, and a fancy that he is excessively smart in getting out of them. This time he made a slight error.

I will here mention that Mr. Charles Shute has been a resident of New Rochelle for several years; was at the time of the foregoing sale, and is now, the owner of his house and lot and other property, which stand recorded at the County Clerk's office, at White Plains, without a dollar of incumbrance on them. That he was then, and is now, responsible for all his acts and engagements; and that Mr. Shute has never been molested for his participation in this matter, either civilly or criminally, up to this time.

If Shute had sold this horse without authority, why did not Collins proceed against him? Shute was perfectly responsible. If he did not consider Collins utterly beneath his notice, I presume he would prosecute him for calling him a thief. Mr. Shute shows wisdom in this, and saves a great deal of time and money; besides, any man can call another a thief, but that does not make him one. I should deem it rather complimentary to have Collins favor me with such an epithet.

Agreeably to the instructions of my counsel, Messrs. Martin & Smiths, I immediately executed papers for the "claim and delivery of personal property," according to the requirements of sections 207 and 209 of the Code of Procedure. I then caused search to be made in this city, in New Jersey, for forty miles from the city of New-York, and in West Chester County, from New Rochelle to NewYork, (having provided myself with the proper papers for the State of New Jersey and West Chester County), without being able to find the horse. I then employed a person to make further search in

this city, who at last found him in the basement of the stable of Mr. David Jarvis, No. 1000 Broadway, and, as the man told me, "blanketed and hooded up to the eyes." I gave him twenty dollars for his trouble and information. In the morning I went up to that stable with Mr. Deputy Sheriff Bensel, with the proper legal documents, for the purpose of taking the horse. But on stating to Mr. Jarvis that the horse was my property, he gave him up to me, on my paying for his keeping for twenty-eight days; and it was consequently unnecessary to serve any papers upon him. This was on the thirteenth day of December, 1854. I took the horse back to Cleaver & Mason's stable. Early on the next morning, Collins came to the stable, in company with a constable, without any legal process, and attempted to take the horse again, saying that he was his property, and was stolen from him; and, drawing a club from under his cloak, threatened to knock out the brains of Mr. Cleaver, if he attempted to prevent his taking him. Mr. Cleaver did resist, and having told Collins that he had sent for "Mr. Jones," Collins and the constable retired "double quick step ;" and they got out of the way just in time, without getting the old horse. Mr. Cleaver offered to give up the horse, upon their showing proper legal authority, agreeably to the instructions that I had previously dictated to him. The next step of Collins, within my knowledge, was to confess a judgment in the Marine Court, on the 12th January, 1855, against himself and his wife, in favor of " William Yule,” as it there stands recorded. The following is a literal copy of a certified transcript of that judgment :

THE MARINE COURT OF THE CITY OF NEW-YORK.

It will be remembered that Collins never had pretended that the horse was owned by anybody but himself up to this time, at least not to my knowledge. The blank before "Attorney for Plaintiff," left for the insertion of a name, is not filled up with the name of any attorney, from which I conclude that Collins' adviser was ashamed to put it there. It is well known that Mrs. Collins is perfectly able to pay her debts. I doubt very much whether she is aware of this judgment against her. I regret being obliged to mention her name in this connection, but I will take the opportunity of expressing my most sincere respect for her as an agreeable and amiable lady, to which all will testify who have had the pleasure of making her acquaintance; and I respect her the more from the fact that she sides with her husband whether he is right or wrong, as every good wife should. If we cannot look to our wives for consolation and support, our situation is melancholy indeed. Many of us have better ones than we deserve.

The name of the plaintiff in this judgment is William Yule (spelled Y ule.) Now, there is a Mr. William L. Youle (spelled You l e) connected with Collins's father's office, but I have been unable to find any such person as William Yule in this city. We shall now see the object of this confession of judgment.

Shortly after this, as I was seated in my parlor at the St. Nicholas Hotel, Mr. Mason, one of the proprietors of the stable, made his appearance, puffing and blowing as though he had run a mile in 2:40, exclaiming, "Mr. Jones, there are fifty men over at the stable, for the purpose of taking your horse!" I seized my hat, and the accompaniments that I kept myself provided with about that time, and when I reached the lower hall of the hotel, I called out for all the porters of the establishment to follow me, and darted down stairs and through the kitchen, (without stopping to get even a "hasty plate of soup.") I arrived very soon upon the battle ground, accompanied with my "volunteers," where I found my "regulars," comprising about fifteen of the attaches of the stable, who had been enlisted some time before, as minute-men. Wash

ington said, "in peace be prepared for war." The remark had not been lost on me. I there found a Mr. Bishop, a Marine Court constable, with two others of the same stamp, with a posse of five men; and I was soon informed by my sentinels outside, that Collins, with eight more men, was standing near by, at the corner of Spring and Mercer streets, as a corps de reserve. Collins at the corner for the purpose of assisting at the serving of an execution against himself! How very obliging! The following then occurred.

BISHOP.-Are you Mr. Jones?

JONES. That is my name, sir. What is your business with me? BISHOP.--I have come to take a gray horse belonging to John Collins.

JONES.-Mr. Collins has no horse in this stable. I have one, which I purchased of a perfectly responsible man, Mr. Charles Shute, of New Rochelle.

BISHOP.-I am instructed that Mr. Collins has a gray horse here, and I must take him.

JONES.-Upon what process?

BISHOP.-Upon an execution on a judgment against Collins, and here it is. (Showing a paper.)

JONES. Do you pretend to tell me that you are going to take my property on an execution against another person?

BISHOP.-I am not to know that; I must do as I am directed. JONES.-I don't know anything of your responsibility. Are you indemnified for your proceedings?

BISHOP.-I act by the authority of Judge Beebe.

JONES.-Do you tell me that if you have an execution against a negro, that you are going to take my spoons from off my table, that I have bought and paid for, and for which I have a receipt in my pocket?

BISHOP. I should be obliged to, if I was so instructed.
JONES.-Then you would have to take me, too.

BISHOP.-Then I should.

JONES.-Well, you are just in that position now. Judge Beebe be d-d. I shall protect my property with my life, and any one who touches it, will do it at the risk of his own. If you think you have got a stronger “team” than I have, you had better commence your operations. Shut the stable doors! Now go ahead! I will kill the first man that touches my property!!

About this time there was a tolerable commotion, but fortunately no bloodshed. A considerable crowd had accumulated, and the "talk" resembled that of the builders of the tower of Babel. The Marine Court party thought it prudent to retire. Collins kept out of danger all the time, as he generally does. I must say this for Mr. Bishop. He apologized when he retired, by saying that it was all wrong, that he knew I was a gentleman, &c., which little piece of flattery somewhat soothed my feelings towards him.

On the 19th January, 1855, Thomas Carlin, a Deputy Sheriff of the City and County of New-York, accompanied by Collins, came to the same stable, and served on Mr. Cleaver papers in a suit of "replevin," or, as it is now termed, "an action for the claim and delivery of personal property." The papers consisted of an affidavit, and an “undertaking of Plaintiffs' sureties on a claim and delivery of personal property."