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About Google Book Search Google's mission is to organize the world's information and to make it universally accessible and useful. Google Book Search helps readers discover the world's books while helping authors and publishers reach new audiences. You can search through the full text of this book on the web at|http: //books .google .com/I r __ i ANNALS OF THE CARNEGIE MUSEUM Vol. II. 1903-1904 \V. J. nOLI.ANI), Ph.D.. ,St:.I).. 1. 1. 1)., Editor J. B. IIATCHKR, Ph.B., AssihiaU luittor I'l ll|.|»||KI> IIV I lift AttllnKIIV lift rilft: ll«»AkI» OF TkUSTEF-S <ir THF. CaKNK<.IK iNSnitTF !■■ ■•■ tM Mianac LAacAtrta.f4 TABLE OF CONTENTS. Title-page and Table of Contents ...... i-iii List of Plates ......... v List of Illustrations ........ vi-vii Editorials 1-4, 141-144, 431-433, 477-480 L Astropecten ? montanus — A new Star- fish from the Fort Ben- ton ; and some Geological Notes. By Earl Douglass . 5-8 IL Discovery of Remains of Astrodon (PUtiroccelus) in the At- lantosaurus Beds of Wyoming. By J. B. Hatcher . 9-14 TIL Osteology of the Limicolae. By Dr. R. W. Shufeldt. . 15-70 IV. Minute Book of the Virginia Court held for Yohogania County, first at Augusta Town (now Washington, Pa.), and afterwards on the Andrew Heath Farm near West Elizabeth, 1 776-1 780. Introduction by Boyd Crumrine. 71-140 V. New Vertebrates from the Montana Tertiary. By Earl Douglass ......... 145-200 VI. Description of a New Genus and Species of Tortoise from the Jurassic of Colorado. By O. P. Hay . . . 201-204 VII. Minute Book of Virginia Court held for Yohogania County, first at Augusta Town (now Washington, Pa.), 1776- 1780, (Cont.). Introduction by Boyd Crumrine . . 205-429 VIII. Osteology of Oxydactylus. By O. A. Peterson . . . 434-476 IX. The Birds of Erie and Presque Isle, Erie County, Pennsyl- vania. By W. E. C. Todd ..... 481-596 In Memoriam, John Bell Hatcher. By W. J. Holland . 597-604 Index .......... 605-613 11. \ H"7»i -^ LIST OF PLATES. I. Right lateral view of the sVtXtion oi Jacana gymnostoma. See explanation, p. 70. II. Contact between White River and Loup Fork, near Logan, Mon- tana. See explanation, p. 199. III. Probaena sculpia Hay. See explanation, p. 203. IV. Figs. 1-4. SkuWoi Oxydactyius/ortgipes, See explanation, p. 475. V. Figs. 1-7. QGr\\c3\wtriQbr2^o{ Oxydactyius iongipes. Seep. 475. VI. Figs. 1-5. See explanation, p. 475. VII. Figs. 1-3. See explanation, p. 475. VIII. Figs. 1-4. See explanation, p. 475. IX. Figs. 1-5. See explanation, p. 476. X. Figs. 1-4. See explanation, p. 476. XI. Figs. 1-4. See explanation, p. 476. XII. Figs. 1-5. See explanation, p. 476. XIII. Figs. 1-4. See explanation, p. 476. XIV. Figs. 1-5. See explanation, p. 476. XV. Oxydactylus longipes. See p. 476. XVI. Map of Presque Isle. XVII. Niagara Pond, Presque Isle XVIII. Woodland at Head of Long Pond, Presque Isle. XIX. Big Pond, Presque Isle. XX. John Bell Hatcher. LIST OF FIGURES IN TEXT. « I 1 1 « I I < 1 1 Asiropecten montanus ........ Astrodon johnstoni. Cervical centrum, seen from left side and above •• Dorsal centrum, seen from left side and above " •• Centrum ofdistal caudal, lateral and superior views Charadrius piuvialis. Side view of forepart of the skull. Under view of the same partially dissected and enlarged squataroia. Skull, superior view " Mandible, left lateral view . dominicus. Pelvis, viewed from above Sternum, pectoral aspect Pelvis, right lateral view Pygostyle and last caudal vertebra Left humerus, palmar aspect. Numenius longirosiris. Skull with mandibular attached, right lateral view .... " " Skull, basal and sup>crior views " hudsonkus. Skull, right lateral view. •• borealis. Skull, right lateral view Philohela miftor. Skull, left lateral view . Gallinago wihoni. Skull, left lateral view. Himantopus mexicanus. Skull, left lateral view Nununius longirostfis. Sternum, pectoral aspect " " Sternum, right lateral view . " •• Pelvis, seen from above •• " Pelvis, left lateral view. •• •• Os furcula, three-quarter oblique view from right side " Left coracoid and scapula, direct anterior aspect .... •• Left scapula and coracoid " Right humerus, anconal aspect * • * ' Right manus, palmar aspect. " •* Parts of right pelvic limb Himantopus bachmani. Skull, left lateral view " •• Mandible, viewed from above •• " Skull, superior aspect. •• Skull, basal view Hfptodon, Part of left maxillar>' with last premolar and three molars Crown view of teeth of same .... vi 7 9 lO II 24 24 24 27 27 29 29 30 32 38 38 38 41 41 41 47 48 5> 52 53 54 55 59 60 62 63 63 63 63 155 List of Figures in Text. vii Hyrachyus priscus. Mandible and anterior part of skull . . • I57 Hyrachyus. Crown view of last left upper molar . . . .158 Helodermoides tuberculatus. Top of skull, upper and lower views . 160 " •* Part of mandible . .... 160 Mesohippus iatidens. Last upper premolar and the three molars of left side. ...... 161 Trigenicus socialis. Portion of skull. Crown view of teeth . .162 Oreodo7i macrorhinus. Side view of skull . . . .164 Mesocyon drummondanus. Skull, side view . . . . .165 " Skull, palate view . . . . ,166 Leptomeryx transmontanus. Skull. Crown view of teeth . .167 Promerycochoerus minor. Skull and mandible, side view . . .169 Talpa plaiybrachys. Humerus 172 Mylagaulus paniensis. Portion of mandible showing teeth . .172 Mylagaulus. Premolar and molar 173 jElurodon brachygna/hus. Left mandibular ramus . . . .174 Hesperhys vagrans. Right ramus of mandible. Crown view of teeth of same . . . . . '175 Poatrephes paludicola. Right view of skull . . . . .177 Merychyus smithi. Part of mandible . . . . . .179 Vertebra of fish, end view. ........ 181 Sciurus sp. Portion of mandible with incisors and anterior teeth . 181 Sciurus arcfomyoides. Left ramus of mandible . . . .182 Palaarctomys fnoniamts. Skull and mandible . . . . .183 *• macrorhinus. Skull from right side . . . .184 " " Skull, lower view . . . .185 Mylagaulus pristinus. Left ramus of mandible, side and top views . 188 •' proximus. Inside and top views of mandible . .189 Mylagaulus. Portion of mandible showing position of teeth . . 190 Mylagaulus pafiiensis. Permanent premolar, side and crown views . 191 Musi f la minor. Left ramus of mandible . . . . . .192 Dinocyon ossifragus. Portion of skull . . . . . .193 ** " Skull, palate view . . . . . .194 Aphelops ceratorhinus. Nasals . . . . . .195 " " Left ramus of mandible, inner view . . 196 Merycodus necaius. Portion of antler . . . . . .197 Merycodus. " «« «« • . . . .198 Palate views of skulls of two guanacos taken from the same band at Cape Fairweathcr, Patagonia, showing remarkable individual variation in dental and cranial characters ..... 444 Ideal section of Miocene formations from Squaw Butte to south side of Running Water River, Sioux Co., Nebraska .... 474 Publications of the Carnegie Museum Serial No. 20 ANNALS OF THE CARNEGIE MUSEUM V()i>. II. No. I W. J. HOLLAND, Ph.D., LL.D., E^h'tor J. B. HATCHER, Ph.B., Associate Editor PUBLISHKD BY THE AUTHORITY OK THF Board of Trustees of the Carnegie Institute June. 1903 I Thi Hi* Ci« Ptnni<mi COMMav t.*«CAsrta. Pik ANNALS OF THE CARNEGIE MUSEUM VOLUME IL NO. i. Editorial. The first part of the second volume of the Annals of the Carnegie Museum goes to press just as intelligence reaches us of the decision of the Supreme Court of Pennsylvania, which definitely settles the ques- tion of the right of the municipality to appropriate lands for park pur- poses, though such purchase is avowedly made with the ulterior object of placing thereon buildings such as the proposed extension of the Carnegie Institute. It is needless to say that the decision of the court has been received with unalloyed satisfaction, not merely by those who are strictly concerned with the administration of the affairs of the institute, but by the entire population of the city. So far as is known no decision in recent years touching public matters in the city of Pitts- burg has given more profound satisfaction to the masses of the people than that which has just been rendered. When the gracious founder of the Institute conceived the idea of adding halls to the library, in which science and the arts should find fitting homes, he paved the way for adding immeasurably to the pleasures of existence in this busy metropolis of the iron industry. The citizen of to-day can scarcely realize as he looks back how he endured the conditions of life in the Pittsburgh of the past, which was a Pittsburgh, so far as the public was concerned, without books, without pictures, without a museum. The throng of those who weekly resort to the halls of the Institute, coming 1 1 2 Annals of the Carnegie Museum. and going with pleasure manifestly written upon iheir countenances, furnish eloquent proof in their mere numbers of the manner in which the wise forethought of Andrew Carnegie has met a human necessity. Men do not live by bread alone. There are hungerings and thirstings besides those of the mere body, and he does a great good to any com- munity who endeavors to meet these appetencies which are more dis- tinctively human than hunger and thirst. After years of waiting we now hope soon to see the plans that have been formed for the extension of the Institute and thus for the exten- sion of its power and usefulness carried into effect. It is with un- feigned pleasure that we are able to say that at last the dawn of de- liverance breaks and the way is opening to that larger life for the en- joyment of which the founder has made magnificent provision. The Library will erelong have j>ossession of the entire sj)ace occupied by the present building. The Art Gallery will have what it requires for the display of the pictures which are already jx)ssessed and which may hereafter be accjuired, as well as for the annual exhibitions which have proved so important. The Museum will enter upon rooms fitted, it is hoped, for many long years to display the gradually accumulating stores of things illustrative of the forms of life and of human development and history, which make such a spot resorted to by thousands. Added to these exhibition halls will be laboratories and study rooms in which provision will be made for the prosecution of original research. Herein is the chief glory and crown of an institution of this character, that it not merely tells what man has done, but does that, which man never heretofore has done, in the way of developing a knowledge of the mysteries of the universe. It is sincerely hoped that with new and enlarged facilities the Carnegie Museum will become to a higher de- gree the exjionent in Pittsburgh of the spirit of scientific investigation. It is with much pleasure that we are able to continue in this num- ber of the Annals the presentation of the records of the old Virginia courts which were held in southwestern Pennsylvania in the years im- mediately preceding the settlement of the l>oundary controversy be- tween Virginia and Pennsylvania. The student of local history will find much in these records of great interest, and their preser\ation in printed form will no doubt be regarded as an imjxjrtant serv ice to the cause of the local historian. It is hoped in the present volume of the Editorial. 3 Annals to bring the publication of these records to completion. Many- thanks are due to Mr. Boyd Crumrine for the careful manner in which he has attended to their transcription. Mr. Hugo Kahl, formerly connected with the University of Kan- sas and latterly with the University of Illinois has taken the place on the staff of the Museum as assistant custodian in entomology formerly held by Mr. Herbert H. Smith. The following Memoirs have issued from the press: No. 2, Oltgo- cene Canida^ by J. B. Hatcher ; No. 3, The Osteology of the Stega- nopodeSy by R. W. Shufeldt. An elaborate Memoir upon the Classifica- tion of the Superfamily Chalcidoidea with descriptions of new species contained in the collections of the Carnegie Museum, has been pre- pared by Mr. W. H. Ashmead of the U. S. National Museum, and will be issued as Memoir No. 4 of the Carnegie Museum. It is now passing through the press. The paleontological explorations conducted by the Museum in Mon- tana, Wyoming, and Nebraska have resulted in the acquisition of much new and valuable material, which will constitute the basis for a number of important papers shortly to be published. Since the last number of the Annals was issued the Museum has acquired the entire collection of the birds of Holland made by Baron Snouckaert van Schauburg. The collection consists of mounted speci- mens in beautiful condition, having been mounted by ter Meer, one of the ablest of Dutch taxidermists. There are about three hundred species represented in the collection, in most cases by both sexes as well as by the young. A small collection of the birds of Costa Rica made by Mr. M. A. Carriker, Jr., has also been acquired. Among the specimens collected by Mr. Carriker are a number of rarities. Mr. W. W. Worthington is engaged in collecting the birds of Florida for the Museum. A SYSTEMATIC effort is being made to increase the collection of minerals belonging to the Museum. Within the past month several hundreds of species not heretofore represented in the collection have been acquired. The beautiful collection of gems and gemstones pre- 4 Annals of the Carnegie Museum. sented to the Museum by Mr. J. L. Lewis has been installed and is now on exhibition. The Entomological Society of Western Pennsylvania, which was organized last spring, numbers over thirty members and has held regular monthly meetings at the Museum. Much interest has been developed. At present diligent work is going on in the preparation of a list of all the species of Lepidoptera known to occur in western Pennsylvania with a view to the publication of the same in the Annals of the Carnegie Museum. The botanical collections belonging to the Museum are being steadily arranged and classified. Over twenty thousand species of plants are known to be already contained in the collection. A NUMBER of minor but important additions have been made to the collections in conchology. There are at the present time fully fifteen thousand species represented in the various collections of shells which have been acquired. I. ASTROPECTEN? MONTANUS — A NEW STAR-FISH FROM THE FORT BENTON; AND SOME GEOLOGICAL NOTES. By Earl Douglass. In October, 1901, after finishing my collecting work for the Prince- ton Museum in the region of the Musselshell River in Montana, my father and myself started westward with team and camping outfit to reexamine the Miocene deposits in the vicinity of Three Forks. We followed the Musselshell River to the source of its southern fork and passed over the divide into the valley of the South Fork of Smith River. Here, near Dorsey Station, the cream-colored nodular clays of the Deep River beds form quite high benches, while the lower benches and sage-brush flats are composed of softer material of lighter color. The latter look like the Lower White River beds as seen in other por- tions of western Montana ; and, though no fossils were found, there is little doubt that the beds belong to this horizon. I do not think that the occurrence of White River beds has previously been noted in the Smith River valley. From here we went southwestward, passing down the rugged, pictur- esque cafion of Sixteen Mile Creek. Here the Carboniferous lime- stones form huge walls, high pinnacles, and rugged masses, which are irregularly stained with red, giving them a fantastic appearance. The Madison division contains some fossils, as it does in nearly every place where it is exposed ; though the fossils are not so abundant here as in some localities. South of the main stream of Sixteen Mile Creek, in the foot-hills at the north end of the Bridger Range, about twenty-five miles north of Bozeman, we stopped at the house of Mr. Urquhart. Ascending a ridge composed principally of igneous material just east of the house, we found, near the top, a layer of hard, compact, gray, iron -stained rock, crowded with fossil leaves. This probably belongs to the Living- ston formation. We remained about three days in order to examine the cafton of the South Fork of Sixteen Mile Creek where Mr. Urquhart and his sons had found many fossils. 5 6 Annals of the Carnegie Museum. The fossils occur in dark shales and sandstones, the latter being sometimes very hard. We obtained remains of mollusca, a crusta- cean, and fish scales. The shells prove that the rocks belong to the Fort Benton group. The crustacean is Linuparus canadensis. The new star fish which is described in this paper was found by Mr. William Urquhart several years ago in these Benton beds. He showed me the place where he found it, and the matrix is like the Benton cal- careous sandstone at this place ; so his remembrance of the locality of its discovery is confirmed. The strata dip at a high angle. The locality is near the intersection of the 46th parallel and the iiith meridian and is about twenty-three miles nearly due north of Bozeman. Linuparus canadensis (Whiteaves). Hoploparia canadensis Whiteaves, Contrib. Canad. Pal., Vol. I., Part I., 1885, p. 87, PI. II. (Locality : Highwood River, a tributary of the Bow River. ) Ten miles west of the first fork. Probably Fort Benton (p. 89). Linuparus atavius Ortmann, Amer. Jour. Sci., Vol. 4, 1897, p. 290; fig. 1-3 (Niobrara?) Head of Cottonwood Creek, Mead Co., S. Dakota. There are several specimens of different sizes indicating difference in age — three carapaces, one antennal region, one abdomen well pre- served. All agree with this species in every detail except in size. Only one specimen attains the dimensions of the smallest specimen described by Ortmann. The Dakota specimen was obtained from Mr. H. F. Wells. The horizon is somewhat doubtful, though he thought it to be Niobrara. There is some doubt also concerning the Canada specimens. Astropecten? montanus, sp. nov. The type consists of an impression in the hard calcareous sand- stone. Since it is only an impression its anatomical characters can only partially be made out. Size small ; arms five, narrow and gradually tapering, longer than diameter of body ; five radial elliptical figures on body, all except one nearly in line with the long axis of the arms. The most prominent markings are the pits which probably represent the marginal plates. It is possible however that these may be impressions of the ambulacra. Half way from the base to the end of the arm each row of pits is nearly Douglass : Astropecten ? Montanus. 7 as wide as the middle portion of the arm. Only one^rm is complete. This has twelve pits on each side and they are opposite. From the central pit to end of perfect arm 1 2 mm. From central pit to margin of body between the anns 3.5 mm. It was said by those who saw it when first obtained to have possessed Utile markings on the margins of the arms. The rock was used for years as a step near the door and if these were present they have been wholly worn away. I The rock is a hard, fine-grained calcareous sand- '" '"""P"' . , . , , , . ten? mon/anuiDoue- stone, greenish-gray m color and weathering to ^^^_ jj^^_ ^j ^ brown on the surface. Natural size. Below are given determinations of the accompany- ing fossils and notes which were both kindly fijrnished by Dr. A. E. Ortmann . They are of interest as determining the horizon of the beds and showing the fauna of the Fort Benton near the eastern portion of the mountain region, since much of the Cretaceous of this region has been foimd to be poor in fossils. Inoceramus undabundus Meek and Hayden (?). Stanton, Bull. U. S. Geol. Surv., 106, 1893, p. 84, pi. 6, figs, i, 2. (Fort Benton. Upper Missouri Region.) Five casts ; smaller than type, but outline and character of sculpture similar ; the imdulations, however, are a little more crowded, which may be due to the younger age of our specimens. Pinna lakesi White (?). White, izth Ann. Rep. U. S. Geol. and Geog. Surv. of Terr., Part 1., 1883, p. 17, pi. II, fig. I. Ridge sixteen miles west of Greeley, Colorado. {Fort Pierre.) Reported from South Fork of Old Man River, Canada, by Whit- eaves. Contrib. Can. Pa!., Vol. 1., part i, 1885, p. 84. Apparently Fort Benton (p. 89}. One fragrant compared with the type agrees well, but is smaller and more compressed, sculpture identical. Pholadomva papvracea Meek & Hayden (?). Stanton, Bull. U. S. Geol. Surv., 106, p. 116, pi. 26, p. i. Fort Benton group. Upper Missouri region. Three specimens (both valves). 8 Annals of the Carnegie Museum. The identification remains doubtfiil. Our individuals correspond to this species in sculpture, but they are longer and thicker. Stanton mentions specimens from Montana that are much larger than the type. SCHLOENBACHIA SHOSHONENSIS (Meek). Mortoniceras s)ioshonensis Meek, Rep. U. S. Geol. Surv. Terr., Vol. 9, 1876, p. 449, pi. 6, figs. 3 and 6. Stanton, Bull. U. S. Geol. Surv., 106, 1893, p. 179, pi. 44, figs, i and 2. Fort Benton, of Wyoming. One fragment hardly larger than the one figured by Meek, but evi- dently the same character of sculpture. ScAPHiTES VENTRicosus Meek & Hayden. U. S. Geol. Surv. Terr., Vol. 9, 1876, p. 425, pi. 6, figs. 7 and 8. Stanton, Bull. U. S. Geol. Surv., 106, 1893, p. 186, pi. 44, figs. 8-10, pi. 45. (Fort Benton of Upper Missouri region.) One complete individual of about the size of that figured by Stanton in pi. 44, fig. 10, and agreeing with it exactly in the external charac- ters (sculpture). Indeterminable casts of bivalves, Ostrea ? Exogyra, CucullcBa, and gasteropods ( Tiirritella ?) . Note. The specimens above described are in the Princeton collec- tion with the exception of Astropecten ? montanus which is in the Car- negie Museum. Carne(;ie MrsEUM, October 6, 1902. II. ; DISCOVERY OF REMAINS OF ASTRODON (PLEUROCCE- LUS) IN THE ATLANTOSAURUS BEDS OF WYOMING. By J. B. Hatcher. While engaged during the season of 1901 in collecting dinosaur remains in the Atlantosaunis beds on Sheep Creek, Albany Co., Wyo- ming, Mr. C. W, Gilmore discovered two vertebral centra (No. 578), which I am unable to distinguish either generically or specifically from those described and figured by the late Professor Marsh as pertaining to Pleurocaliis nanus, which, as will be shown later, should be re- garded as a synonym of Aslrodon johnstoni Leidy. Figs, i and a. Cervical centrum of AUn side and above 1 one half nalural size. (No. 578. ) One of these centra, lateral and superior views of which are shown in Figs. I and 2, I regard as pertaining to a posterior cervical. Its sides are deeply excavated in such manner that the body of the cen- trum is reduced throughout its middle region to superior and inferior horizontal plates connected by a thin median vertical lamina. The neural canal was small and much constricted medially. The centrum is strongly opisthoccelous and the transverse diameter is greater than the perpendicular. It agrees almost perfectly in size and general characters with the cervical centrum of Aslrodoft {F/eiiroca:lus) nanus figured by Marsh in his Dinosaurs of North America', except that in 1 Siiteenth Ann. Rep. U. S. G. S., I't. i, Fl. XL. 10 NAi^ OF THE Carnegie Museum. the present specimen the facet for the cervical rib is broken away, thus giving to this region a somewhat different aspect. The centrum shown in Figs. 3 and 4 I regard as pertaining to the last dorsal. The posterior extremity is moderately concave, and the anterior slightly so. The lateral cavities are deep, though not so pro- nounced as in the cervical ; that on the left side is decidedly deeper than the one on the right. The neural canal was much larger than in the cervical and at about its middle there is a deep pit giving origin to two small foramina which no doubt served for the transmission of nutrient blood vessels to the interior of the bone. The vertebral cen- KliM. 3 and 4. Cenlrum of lasl f dorsal Ken from left iide and above, (No. 578.) One hair natural si«, trum described by Marsh as a posterior dor^l and figured in plate XL., Figs. 4 and 5, of his Dinosaurs of North .America, in reality pertained to an anterior dorsal, as is evidenced by its strongly opislhoccelian character and the more extended pleurocentral cavities, while the dorsal centrum figured in the text as ])ertaining to Pleuroceelus was from the mid-dorsal region, as is evidenced by its less decided opistho- cielian nature and smaller lateral cavities. In Figs. 5 and 6 are shown lateral and superior views of a jxisterior caudal centnim, pertaining to about the same region as that figured by Marsh in plate XL., figs. 8 and 9, of his Dinosaurs of North .America, from a si>ecimen found in the I'otomac beds of Maryland. The pres- ent s]>ecimen was found by Mr. (iilmore in the .Ailaniosaurus lieds, on Sheep Creek, ^Vyo., but in a different ijuarry from that whi(.h furnished the dorsal and cervical centra figured above. Hatcher : Astrodon in Wyoming. 11 A careful comparison of these remains with those figured by Marsh as pertaining to Pleuroccelus nanus ^ based on material discovered by the present writer in the Potomac beds of Maryland, will, I think, show it to be quite impossible to definitely distinguish these remains either generically or specifically from the latter. The same may be said of Figs. 5 and 6. Lateral and superior views of centrum of distal caudal. (No. 585. ) One half natural size. the material upon which was based Marsh's description oi Pleuroccelus montanus. These western forms may, however, be specifically distinct from the Maryland species. Synonymy of Pleuroccelus nanus Marsh and Astrodon JOHNSTONI LeIDY. It now remains to discuss the synonymy of the above-mentioned genera and species. The generic name of Astrodon was given without description in the American Journal of Dental Science, 1859, by Dr. Christopher Johns- ton to certain reptilian teeth obtained by a Mr. Tyson from a bed of iron ore near Bladensburg, Maryland. In i^b^,"^ 2iS Astrodon johnstoniy Dr. Leidy fully described and fig- ured these teeth, thus placing the genus on a valid foundation. A comparison of Dr. Leidy* s figures of the teeth of Astrodon johnstoni with Marsh's figures of Pleuroccelus nanus will show a very striking similarity between the two, which is rendered all the more striking by an actual comparison of the specimens themselves. Moreover since I myself collected all of the material described and figured by Professor Marsh I can assert that it likewise was found in a bed of iron ore near Bladensburg, Maryland. The exact locality of the Marsh material was certain iron ore mines on the farm of Mr. Wm. Coffin, and especially in that one locally known as ' * Swampoodle ' ' and situated about one and one half miles northeast of Beltsville on the Baltimore and Ohio Railway, some thirteen miles from Washington. Since these remains 2 Memoir on the extinct Reptiles of the Cretaceous formations'of the United States, Smith, Contr. to Knowl., Vol. 14, PI. XIII, figs. 20-23. 12 Annals of the Carnegie Museum. were found in essentially, and perhaps identically, the same locality and horizon, and, in consideration of the very great similarity which they exhibit, there appears no good reason for considering them as pertain- ing to either different genera or species. Astrodon johnstoni Leidy having priority should therefore be retained, while Pleuroccelus nanus would become a synonym of that genus and species. Relations of Astrodon johnstoni Leidy (Pleuroccelus nanus Marsh) and Elosaurus parvus Peterson and Gilmore to OTHER GENERA OF JURASSIC SaUROPOD DiNOSAURS. It will have been noticed no doubt that the character of the remains which have been referred to the above-mentioned genera and species indicates that they pertain to animals not yet fully adult. This is shown by the sutural connections exhibited between the centra and neural arches of the various vertebrae ; by the free coracoid in Elosaurus ; and by the character of such portions of the skull of Astrodon as have been recovered. While collecting in the Potomac beds I secured a number of fragments of skulls pertaining to both upper and lower jaws. Whenever teeth were present they invariably belonged to the first series and were not yet fully erupted, the points of the crowns scarcely rising above the borders of the jaw, showing conclusively that the animal had not yet reached the adult stage. Some of the larger limb bones from Maryland described by Professor Marsh as Pleurocalus alius ^ may per- haps have pertained to fully adult individuals, but unfortunately only the tibia and one or two other fragmentary limb bones of this is known. Now it would seem somewhat remarkable that only immature specimens of these animals should have been secured while for the most part only fully adult representatives of such genera as Diplodocus, Morosaurus, Brontosaurusy etc., are known from the same deposits. Since these last-mentioned genera must have been represented by young and im- mature individuals it does not seem at all improbable that some of the remains which have been referred to Pleuroccelus, Astrodon, or Elosau- rus may in reality belong to the young of some of these genera of the larger sauropoda. From what we know of the cervicals and dorsals of Astrodon (^Pleuroccelus^ they might very well have belonged to a young specimen of Brontosaurus as might also the detached teeth figured by both Leidy and Marsh ; while the fragment of a jaw figured by Marsh ^Am.Joum. Sci., Vol. XXXV, 1888, p. 92. Hatcher : Astrodon in Wyoming. 13 in plate XL. of his Dinosaurs of North America as pertaining to Pleuro- ccelus nanus agrees very well, except in size, with a similar fragment of Brontosaurus figured in plate XX. If one compares the detached teeth oi Brontosaurus and Astrodon {Fieurocoslus^ as shown by Marsh respectively on plates XX. and XL. of his Dinosaurs of North America, he cannot but be impressed with the remarkable similarity which they exhibit. While it is true that some of the remains described by Pro- fessor Marsh as pertaining to Astrodon (^Pleuroccelus) could not pos- sibly have belonged to a young Brontosaur, it is equally true that the association of this material is purely conjectural. No two bones or fragments of all that material collected from the Potomac beds in Maryland were found in such relation to one another as to demonstrate that they had belonged to the same individual. In any discussion as to the affinities of these various genera and species of small sauropod dinosaurs, not only the immature nature of the remains upon which they have been based, but also the scattered and disarticulated state in which they were found, must be constantly borne in mind. With the possible exception of Elosaurus panms it remains to be shown that any of these forms are not the young of some of the well-known larger forms, and most of the known remains of this last-mentioned genus resemble very closely in many important details like parts of the skele- ton of Morosaurus, as has been pointed out by Peterson and Gilmore in their original description. The discovery of these remains of Astrodon in the Jurassic deposits of Wyoming is of the greatest importance as furnishing additional evi- dence in favor of the reference of these two widely separated deposits to one and the same geological horizon as was originally suggested by Marsh. Should future discoveries demonstrate that any one, or all of these smaller sauropods, are but immature representatives of the larger forms, the evidence in favor of this correlation will be strengthened rather than weakened. Marsh has reported remains of Astrodon {Fleuroccelus) from the Jurassic deposits near Havre in Normandy, while the type of Astrodon {Pieuroca^lus) suffosus was derived from the Kimmeridge of Swindon, England. It is evident therefore that these dinosaurs had a very wide geographical distribution and that while the European forms may belong to different species than the American they nevertheless furnish important evidence as to the rela- tive age of the European and American deposits. Since the Kimmer- idge clays are of undoubted Jurassic age, and considering the simi- 14 Annals of the Carnegie Museum. larity existing betvv'een the dinosaur remains of that formation and those of the Potomac and Atlantosaurus beds, the age of the two latter would seem to be not more recent than Jurassic. Carnegie Museum, October 23, 1902. III. OSTEOLOGY OF THE LIMICOL^.. By Dr. R. W. Shufeldt. Introduction. Two or three years ago I gathered together into one memoir a num- ber of papers I had published on the limicoline birds since 1883, digesting, as well as augmenting, the material thus collected. Subse- quently I went over this entire MS. again, improving it in many ways and adding many new facts, which I had obtained as a result of my studies of more extended series of skeletons of this group. Finally, at the present writing, that is the last part of September, 1902, the entire monograph has been carefully gone over again, and largely remodeled, and this entailed a copying of many pages of the work — a task cheer- fully performed for me by my wife Alf hild, to whom my thanks are due. As the paper now stands, it is probably the most extensive con- tribution to the osteology and taxonomy of the LhmcolcB that has appeared from the pen of any writer on the subject up to the present time. With this brief prefatory history I pass at once to the consider- ation of the results of my researches in the osteology of the forms con- tained in this suborder. On the Osteology of the Limicoline Birds, with Views Upon Their Classification. It was Professor Alfred Newton who said under the article ** Plover " in the ninth edition of the Encyclopaedia Britannica (Vol. XIX., p. 228) that ''Though the various forms here spoken of as Plovers are almost certainly closely allied, they must be regarded as constituting a very indefinite group, for hardly any strong line of demarcation can be drawn between them and the Sandpipers and Snipes. United, how- ever, with both of the latter, under the name Limicolce, after the method approved by the most recent systematists, the whole form an assem- blage, the compactness of which no observant ornithologist can hesitate to admit, even if he be not inclined to treat as its nearest relations the Bustards on the one hand and the Gavia on the other, as before sug- gested. ' ' This is quite in harmony with my own views in the premises, 15 16 Annals of the Carnegie Museum. and I believe with Professor Newton that it meets the ideas of the majority of systematists, and I may add, what is more important^ the ideas of most avian morphologists. Of the Limicoia, this great suborder of birds, widely known as the ** plover-snipe '* group, and in the main constituting the Charadrio- morphae of Professor Huxley (P. Z. S. 1867, p. 457), Coues has said, that ** Most of the families of this order are well represented in this country, and will be found fully characterized beyond. The position of Parrida is in (juestion, and it probably belongs here rather than among the families where it is ranged \jAlectondes\, There are several outlying or inosculating families in the vicinity of Limicola and AlectorideSy of uncertain position. The largest of these is the Bustard family, Otididct^ which connects Limicola and Alectorides so perfectly, that its position has long wavered between these two orders ; the balance of evidence favors its reference to the latter. The typical families are Charadriida and Scohpacidd.'' (**Key'* 2d ed., pp. 596, 597.) In these remarks Coues says nothing about his having placed the Herodiones between the Limicolae and the .Alectorides in the work cited, which he has done, and his remarkable classification of the latter group is too well known to call for any comment here. Professor Max Fiirbringer in his great work upon the Morphology of Birds arranges the Limicola in the following manner. S . SB fi- ts •• S. O. CHARA- DRIIFORMES. G. S. l^T. Lar<»-Limi- G. S. STR. Charadrii. G. Parr.*:. G. Otipks. \ F. Charadriid;e. F. 5. str. Glareb- lidoe. F. 5. str. Droma- didar. F. Chionididx. F. I^ridx. F. Alcid«. F. Thinocoridae. F. Parridx. Y. Oldicnemidae. F. Otididie. Dr. R. Bowdler Sharpe in his ** Hand List of Birds" (1899) con- siders them as an Order, (XV.), Charauriikormfs, and places them between the Larikormf:s, (Order XIV.) and theGRUiK)RNfF:>%, (Order XVI.). He divides the Charadrii formes into no less than seven Sul>orders, namely the Chionides, the -\ttagides, the Charadrii, the Parrae, the Cursorii, the (Kdicnemi, and the Otides, and these names will sufficientlv indicate the families of birds this author considers to Shufeldt : Osteology of the LiMicoLiE. 17 belong to the limicoline assemblage — everything in fact from a Sheath- bill to a Bustard. The author's views on the position of the Limicolse are presented with a discussion of their affinites at the close of the present Memoir. More or less typical limicoline birds are found in nearly all parts of world, and they are particularly well represented in the avifauna of the United States. So that the full description of their osteology given beyond will thoroughly characterize the group as a whole. Much has been written on the subject of their skeletology, and of this I have availed myself. My own writings, published for a number of years in \ki^ Journal of Anatomy of London, \ht Journal of Morphol- ogy and elsewhere, illustrated by many plates and figures, have al- ready set forth the osteological characters of the American LimicolcR quite exhaustively. This work will be used to the fullest extent here, and thoroughly revised. In dealing with the Aphrizidce, as I remark further on, I have only employed my monograph in the Journal of Morphology to the extent of using the facts set forth in it, and not in- corporated it here as a whole. My private cabinets afford the skeletons of many American limico- line forms, and these have been handsomely supplemented by the loan of many others from the collections of the U. S. National Museum, and from still others from the collection of Mr. F. A. Lucas. Pro- fessor Alfred Newton has also sent me for my inspection several speci- mens from the Museum at Cambridge, England, and others from his own collection. These very well illustrate points in the osteology of Scolopax rusticola, Favoncella pugnax, Vanellus vanellus and others, for all which my thanks are here tendered. Others have also sent me useful material and it is referred to later. Osteology of the Phalaropes. (Complete skeletons of Crymophilus fulicarius and Phalaropus lobatus examined. ) Phalaropes have a skull of much the same general form as we find it among the Sandpipers, the narrow and extended superior mandible being considerably larger than the cranium, while the very open structure of the latter gives it a peculiarly delicate appearance. Upon severe maceration the premaxillary does not appear to come away, and detach itself, as it does in most Tringce, and it is rather more spread out laterally than it is in those birds. The narial vacuities are o 18 Annai^ of the Carnegie Museum. long, open slits, and there is no osseous septum narium. Phalaropes are typically schizorhinal birds, and their skulls are characterized by having a deep longitudinal median depression over the region of the cranio-facial axis, upon either side of which the upper portion of the small lacrymal is prominently tipped up. Below, this bone sends down a thread-like osseous limb, which bending smartly backwards, fuses by its posterior extremity with the upper and outer angle of the rather large and cjuadrilateral pars plana. Nasal bones and the zygomje are straight and very slender. On the superior aspect of the cranium, the frontal region is seen to be extremely narrow between the superior margins of the orbits ; the fronto-parietal region is rounded and smooth. Further back there is a fairly well marked superoccipital prominence, which in the Red Phalarope is pierced upon either side by a foramen, which is not the case in P. lobatus. Both the anterior wall of the brain -case and the interorbital septum are very deficient in bone. Into the last open space there is thrown backwards from the posterior margin of the mesethmoid a free, hori- zontal, and very slender spur of bone. On the lateral aspect of the skull we find the iK)st -frontal and stjuamosal processes, especially the latter, to be inconspicuous spinelets of bone. At the base of the cranium the foramen magnum is large and of a cordate outline ; the basitemporal region beyond it being somewhat contracted. The pterygoids are short, small, and vertically compressed, and they articulate, as in all true limicoline birds, with the basi -pterygoid pro- cesses of the sphenoid. Their palatine heads are separated in the middle line as are the palatines for much of their length behind. These latter bones have extremely narrow prepalatine |>ortions, widely a}>art an- teriorly, and belim* the na.so-maxillary junction fusing with the maxillo- palatine plate, upon either side. Posteriorly, their postero-external angles are rounded off, while their descending internal and external margins are prominent and keel-like. In the middle line in front they merge to form a spiculifomi ix)int, which coossifies with the broad ish, thin, lamellar vomer, which latter terminates in a free blunt apex an- teriorly. Either maxillo-palatine is of an oval outline, scroll-like and lamelli- fonn in structure, with a great perforation existing in it, which absorbs its entire central j>ortion, leaving l>arely more than the rim of the bone. These maxillo-palatine proces.ses are well sej)arated from each other in the middle space, and they neither of them come in contact with any of the adjacent bones, as the vomer, or palatmes. Shufeldt: Osteology of the Limicol^. 19 This plan of structure is, as we know, what Huxley has termed the schizognathous type, and it is characteristic, as we have seen, of the first three suborders of birds treated in former memoirs, as it is of several others. A quadrate bone in one of these Phalaropes is very pneumatic, as is indeed most of the rest of the skull, and it has a double mastoidal head, with a conspicuous orbital process, and a small internal mandibular facette, separated by a valley from a larger oblique external one upon its same aspect. The bony meatus of the ear is very open, and in P. lobatus permits a view along the entire length of the eustachian tube to its anferior exit. In the eyeballs the sclerotal plates are small, and the bones of the hyoidean arches are slender. Long and of an acutely V-shaped pattern, the mandible has com- paratively rather an extensive symphysis, and from it behind, in the median line, may project directly backwards a delicate spine. Either ramus is rather shallow in the vertical direction, and is pierced by a slit-like **ramal vacuity,** exposing the presence of the splenial element of the jaw. The angular processes are lamellar in structure, and inclined somewhat to hook upwards. They are by no means in- conspicuous in P. lobatus. With respect to the characters of the remainder of the skeleton, they may well be seen in a specimen of the species I have just named. I find twenty-one free vertebrae in its spinal column before arriving at the pelvis. Counting from the skull, the fourteenth vertebra supports a pair of tiny free ribs, while those on the fifteenth are considerably longer, though they do not reach the sternum, there being no costal ribs for them. There are six pairs of true vertebral ribs, all being very deli- cately constructed, as are their long slender unciform processes. The haemapophyses of the one pair of pelvic ribs do not reach the sternum, and there is a tiny ** floating** pair of the former kind behind them. The dorsal vertebrae fit very closely together in their articulations, and their metapophyses are notably long. TYiQ pelvis is a very thin, light, and open structure. Anteriorly, the iliac margins are rounded off in front, and these bones do not meet over the crista of the sacrum. The parial foramina, two rows upon either side of the middle line of the bone, are large and open among the lateral processes of the fused vertebrae of the sacrum, lending to the pelvis a peculiarly frail appearance, already noted above. At the 20 Annals of the Carnegie Museum. lateral aspect we find the rather extensive obturator space separated by bone from the foramen of the same name. Behind, the post-pubic style is long drawn out and drooping upon either side, and the pos- terior foot of the ischium, which is applied to the superior margin of the same, is notably long and slender. Upon the nether side we find but one pair of the lateral processes of the sacral vertebrae, thrown out, modified, and lengthened to act as braces opposite the acetabulae. There appear to be seven free vertebrae in the skeleton of the tail, and to these is to be added a squarish and rather large pygostyle. The sternum of P, lohatus (as well as other species of the genus) has essentially the same pattern as the sternum of any typical Plover, as for instance C, squataroia. Its carina is ample, with the carina! angle in front rather prominent and jutting, which in some degree is caused by the concavity of the anterior border of the keel. Posteriorly the sternal body is twice notched upon either side, while the ma- nubrium is small, and the costal processes triangular, broadish, but not particularly high. Os furcula of the shoulder-girdle is of the U-pattern, being much bowed to the front, and with a small hypocleidium below. Either free clavicular extremity develops near its pointed end upon its outer as- pect a shoulder, supporting a small facet for articulation with the head of the corresponding coracoid. When articulated in situ^ this pointed extremity rides well over the clavicular process of the scapula, being at the same time in contact with it. The coracoids are short, but not especially stout, the shaft being straight with its sternal extremity much expanded. Here we find three processes, so often to be observed among the water birds at large. Of these, one is at either extremity of the sternal facet of articulation, and the other is a conspicuous lateral one, triangular, and lamelliform, being almost exactly as we find it in Aphriza and other types. The blade of the scapula is somewhat expanded for its posterior moiety, and its apex is truncated obliquely from within outwards and back- wards. Its way of articulation with the os furaila has already been described above. Phalaropes have non -pneumatic limb-bones throughout. The hu- merus is long, and its shaft is nearly straight. At the proximal end the ulnar crest is prominent and overshadows an extensive concavity ; the radial crest is not nearly so well developed. Distally above the oblique tubercle an epicondylar process juts out, and indeed the whole Shufeldt : Osteology of the Limicol^. 21 < bone has much the form of the humerus as seen in Charadrius domin- icus. The radius and ulna present nothing very peculiar, and the latter is but little bowed along the continuity of its shaft. The row of nibs for the secondary quill -butts are present. The distal phalanx of the index digit is long and slender, and the expanded portion of the proximal generally exhibits two small perfor- ations, as in the Laridce. The index and medius metacarpal are nearly straight, the latter being very slender. Passing to Xht pelvic limb we find the short, straight y5?/«2/r to possess a length just equal to half the length of the tibio-tarms. Its head is sessile on the shaft, and the trochanter is moderately raised above the articular summit of the bone. In the tibio-tarsus the cnemial crests are conspicuous, especially the inner one, and in fact they almost exactly resemble in form those parts in miniature, as we observe them in a Ful- mar. The lower part of the fibula is of hair-like dimensions. The hypotarsial process of the tarso-metatarsus is small and subcubical in form, being both pierced and grooved for tendons. The accessory metatarsal is suspended above the distal trochleas, and the hallux digit is small and feeble. As to the other toes, their basal joints are the longest in any case, and they gradually diminish in length as we proceed in the direction of the terminal ungules. Comparative Osteology of the Plovers, (Skeletons of representative species of the genera Vanellus, Charadrius and yEgialitis examined. ) A number of years ago in my article on the osteology of y^, mon- tana, a bird at that time designated by American ornithologists as Podasocys montanus, I remarked that '* there has always been something strikingly columbine to me in the outward appearance of a plover's head — a similitude that is by no means shaken when we come to ex- amine the prepared skull, in which so many of the bones are arranged as they are in the cranium and face of a pigeon.** The skull of y^. montana is extremely light and fragile, due to the access of air to numerous cells in certain parts of its interior, and likewise to a gener- ous supply of diploe in other localities. I find in the chick of the plover only a few days old, that the premaxillae have thoroughly coa- lesced along the culmen of the beak for its outer or anterior third, but the suture dividing them posteriorly along the nasal process of these 22 Annals of the Carnegie Museum. bones is, at this tender age, distinctly visible, whereas all the sutures in the face become obliterated in the adult.* Posteriorly along its dentary border the premaxillary throws back- wards two processes, each of which articulates by squamous sutures ; the first and longer, the maxillary, with the maxillary bone ; the second, or shorter, the palatine process of the preraaxilla, with the palatine. This arrangement is found in all of our plovers. Several formina are seen on the sides of the culmen beyond the anterior bor- der of the nostril. The nasals have each a broad expansion in front of the frontals, where they articulate with each other along the median line as far for- wards as the nasal process of the premaxilla ; here they contract and dip under that bone on either side, conforming themselves to its width and form, still so as to articulate with each other beneath it, as far forwards as the prolongation of the premaxillary, where they slightly diverge from each other, to terminate in pointed extremities. Posteriorly, the nasals throw down, obliquely forwards, straight bars of bone, which bound the osseous nostrils behind, to be carried forwards over the maxillae on either side, to the maxillary process of the premaxilla, where they articulate by squamous sutures beneath the bone. This arrangement of the nasals is very much as we find it in the pigeon (C livia^ ; and, as in the pigeon, the aperture forming the bony nostril is long and very open. Both are schizorhinal birds. The mesethmoid extends well forwards in the plovers, thus affording above a spreading table for the frontals, nasals, and premaxilla to rest upon. The lacrymals in Vanellus and yEgialitis are not very large bones, and in the adult they anchylose with the anterior margins of the fron- tals, where they form the rounded anterior terminating margins of the orbital peripheries. In C squatarola this part of a lacrymal is more jutting and conspicuous, owing to the fact that the anterior foramen of the supraorbital gland is in that species converted into a deep, rounded notch. In ^. montana, a lacrymal sends down an attenuated pro- cess that fuses with the outer margin of the antorbital plate, or lateral mass of the mesethmoid. From this margin the lacrymal de- velops two spine-like processes, which project fon\'ards, the upper one being the longer, the lower one almost touching the maxillo-jugal bar. These spine-like processes are absent in Varullus^ and very much 1 As I transcribe these remarks from my memoir in iht Journal of Anatomy I am- plify them by the use of the more extensive material now at hand. Shufeldt : Osteology of the LiMicoLiE. 23 aborted in the Killdeer Plover, where the descending process of the the lacrymal is much broader and fuses more completely with the pars plana. Varying in size in the different species, the pars plana long remains cartilaginous in the plovers, but eventually becomes a quadrate osseous partition, quite effectually separating the orbit from the rhinal cham- ber. An irregular foramen for the passage of the nerves always occurs above it, being very large in CharadriuSy owing to the comparatively smaller size of its antorbital plate. The vomer of the fountain Plover is an extremely delicate and elongated bone ; in front it runs out into a free and needle-like point, while posteriorly it is bifurcated so as to articulate with the palatine upon either side. It glides freely beneath the anterior pointed end of the rostrum. Turning our attention to the palatine bone, we find that on either aspect it forms the osseous roof of the mouth by sending forwards a tapering prepalatine to anchylose with the maxillary and premaxillary at their junction. The postpalatine portion of the palatine is expanded, and it is separated from the fellow of the opposite side in front, where the inner margin dips down to form the *' internal lamina" of the palatine bone. Outwardly the bone is produced still further down to form the ** external lamina." The pterygoidal processes of the pala- tines are in contact with each other, while the ** ascending processes " articulate with the forks of the vomer as already pointed out above. The maxillo-palatines are elegant scroll -like laminae of bone, often per- forated by a few foramina. Posteriorly, they do not normally come in contact with the palatines on either hand, or with the vomer above them. Anteriorly each bone has two processes ; one, the stouter, connecting it with the palatine ; the other, much more slender, with the maxillary, while between the two a circular foramen is thus pro- duced. In all our Plovers the zygoma is a very straight bar of bone, and somewhat slender in its proportions. The superior periphery of an orbit, formed by the frontal and nasal of the corresponding side, is uniformly tilted upwards all along its con- tinuity. Within this raised orbital rim, upon either side, we find the well-marked depressions for the supra-orbital glands, pierced along their bases by minute foramina, the largest perforation being at the anterior end. In C squatarola these glandular depressions pass be- 24 Annals of the Carnegie Museum. yond the osseous orbital border in front, the gland, during life, resting there upon the tissues that overlie the eyeball superiorly. This tilting up of the superior orbital borders is best marked in the curious skull of M. stmipalmata, where it offers a very striking feature. In it, too, the supra-orbital glandular depressions are very distinct, and Tiy.!. Fic, 1. A side view of Ihe forepart of Ihe skull of Cliaradrius pluviti/is enXat^eA, jl/j, maiillary ; Afxp, maxiUo-paUtine ; PI, palatine ; Au, nasal ; />, frontal ; Et/i, ■ethmoid ; L, laetymal ; J'mx, premaxillory. ( After Huxley.) Fig. 3. Under view of the same (C. filuvialii) partially dissected and enlarged. ■(After Huxley.) Feg. 3. Skull of Charadrins squalarala ; superior view. (Si)ec. 7963, Coll, U. S. Nat. Mus.) Fig. 4. Left lateral view of the mandible of Charaiirius sqiialarola. Natural size. Figs. 3 and 4 drawn by the author. they each terminate anteriorly in a single, large subcircular foramen, situated well within the external edge of the orbit. The fron to -parietal vault of the cranium is very smooth and rounded Shufeldt: Osteology of the Limicol^e. 25 externally, and is very thin in ^, montana — thicker in the Golden Plover. A large vacuity absorbs almost entirely the interorbital sep- tum below, merging with the foramen rotundum behind. Separated by an osseous horizontal lamina, there exists above this another large vacuity, the forward extension of the foramina for the first pair of cranial nerves, which are greatly increased in size. At the back of the cranium there is a fairly well pronounced supra- occipital prominence pierced upon either side by an oval foramen. In examining the base of the cranium in a young chick of the Killdeer Plover (y^. vociferd) I observe that the bony bridge that lies between the supra-occipital foramina is formed by the supra-occipital itself; it is cleft above at this stage, and stouter lateral masses are seen on either side of it. The basi-temporal is still distinct as an element, as are the ex- and basi-occipitals. At the side we find that the squa- mosal sends upwards an ascending process, long and slender, which overlaps the posterior third of the rounded margin of the frontal, and itself makes the periphery of the orbit. This bone below develops a ** zygomatic process,'* marked by a semicircular nick at its extremity, which arches over the articulation for the quadrate. In adults a sphe notic process is fully developed. The occipital condyle is small and circular, with the notochordal notch nearly obliterated. With respect to the quadrate, it is peculiar only in having its pro- cesses and shaft much compressed and plate-like. The orbital spur, making up nearly half the bone, is a quadrilateral lamina, with its base applied to the entire length of the body of the shaft of the quadrate proper. A long narrow condyle surmounts the otic process, placed at right angles to this orbital offshoot, and the pit for the quadrato-jugal occupies the summit of the outstanding lateral mandibular process. Rather undue shortening takes place in the shaft of a pterygoid, owing to the far backward reach of the palatine and the great size, on the other hand, of the quadrate. Basi-pterygoidal processes are present and articulate with facettes at the base of the sphenoidal rostrum. The hyoidean arches are very delicately constructed, but present nothing peculiar ; they are described for other limicoline birds be- yond. The mandibular elements fuse together early in all true plovers, and in the chick the ramal fenestra is not obvious, whereas^ as the bird ma- tures, a small slit-like opening makes its appearance. The posterior angular processes of the lower jaw are recurved 26 Annals of the Carnegie Museum. spines of bone slender in comparison with the rather massive intumed angular processes, each of which is pierced near its apex with the pneumatic foramen, seen in so many of the class. The rami of the mandible of this mountain plover make a very acute angle with each other, and the upper margins are quite sharp, while they are rounded inferiorly. Ossifications of the organs of special sense, as the eye and ear, present nothing but their usual ornithic characters. Of the Axial Skeleton. — Twelve vertebrae, including the atlas and axis, are found in the spinal column of the neck of all of our plovers. The cup of the atlas is roundly notched behind to its center, and the axis possesses a knob-like neural spine. In the third vertebra this process becomes a small compressed square lamina, and in this segment, too, we find an extensive quadrate hypapophysis below, and a minute foramen on either side, in the bony plate joining the zygapophyses. These features reappear in the fourth vertebra, but the foramen men- tioned has so increased in size here that it is reduced to a mere inter- zygapophysial bar. In the fifth, sixth, seventh and eighth, the neural spine has disappeared ; the hypapophysial plates are longer and shal- lower ; the parapophyses persist as parial and at the same time lateral spines, directed posteriorly. The last four vertebrae of the twelve under consideration are modified for the carotid canal. Upon them the neural plates are suppressed. These four vertebrae are the longest in the neck, and their post-zygapophyses, diverging from each other, reach well backwards. In several respects the thirteenth and fourteenth vertebrae are peculiar, and differ from the leading twelve cervicals. They are broader, wider, and each supports a pair of free ribs with well-developed tuberciila and capitula ; the second pair, or those on the fourteenth vertebra, may bear uncinate processes, situated low down on the rib. The neural spines are still suppressed, but the hypo- pophyses again make their appearance mesiad and beneath the centra ; in the thirteenth it consists of a single plate, while in the fourteenth a lateral offshoot springs from each side of this, so that three lamelli- form prongs are present in that segment. A deep pit, with overhang- ing brim on each side of the centrum, is for the first time observed in these two vertebrae as we descend the series. It becomes wider and shallower as we pass through the vertebrae beyond, but does not dis- appear until we pass to those united to form the sacrum. The succeeding six vertebrae, or the fifteenth to the twentieth in- clusive, are all free, and all support true vertebral ribs that articulate Shufeldt : Osteology of the Limicol*. 27 with the sternum by the means of costal ribs or hsemapophyses. The neural spine is well pronounced in the first (fifteenth) of this series, but in the remaining five it is a lofty median crest, each interlocking, before and behind, at the angles at the summit, in a schindylesial articulation. Transverse processes stand out horizontally from these vertebrie, and needle-like metapophyses connect them in several in- stances, though they do not quite meet in every case. The fifteenth and sixteenth vertebrae retain the hypapophysial processes, being triple in the former, while in the latter it becomes single again, long and tri- angular. In the remaining four it is entirely absent. The vertebral ribs are quite slender, and all support long unciform processes, which in the adult articulate with their posterior borders ; the costal ribs become longer as we proceed backward in the direcrion of the pelvis. There are twelve vertebras in the pelvic sacrum, and from this com- pound bone, during ordinary maceration, the true bones of the pelvic Fig. 5. Pelvis of Charadritu dominuus, iiewed from above ; natural siie (Speci- men No, 16,715 ; Collection of the Smilhsoman Instttulion. Collected by the Point Barrow Expedition of iSSa in Alaska) B) the author. Fig. 6. Sternum of Charadnm domtni us, pectoral aspect ; natural siie. Bj the author, from the same specimen which furnished the pelvis for Fig. 5, girdle are easily detached. The first four sacral vertebrae throw out their lateral processes as abutments against the nether sides of the spreading ilia ; and above, these last-named bones meet the sacral crista but not each other across it. There is a pair of slender pelvic ribs, but their hiemapophyses fail to reach the costal borders of the sternum. They articulate with the hinder borders of the last pair that do. The 28 Annals of the Carnegie Museum. next five following sacral vertebrae are compressed from above down- wards, allowing for a swell in the neural canal within, which is to ac- commodate that enlargement which here takes place in the myelon. The ninth sacral vertebra has its transverse processes strengthened and lengthened to act as sustaining abutments opposite the acetabulae. To still further insure strength, the outer ends of these processes are verti- cally expanded. Four rows of interapophysial foramina, two upon either side of the sacrum, constitute one of the main features of the pelvis of a plover, when we come to regard it upon its dorsal aspect. Either post-pubic style is of nearly uniform caliber, and is produced considerably beyond the ischia behind. The posterior extremity of either ischium is produced, long and pointed, and rests during the life of the bird, against the upper surface of the post-pubic style. Mergence of the obturator space and the small obturator foramen may or may not take place. It even may vary for the same species or be different on the two sides of the same pelvis. I must note here that in a pelvis of a Killdeer Plover before me the ilia do not meet the sacral crista ; that character does not go for much, however. Including the pygo- style, from seven to eight vertebrae make up the skeleton of the tail in Plovers. I find eight in Ai. vocifera, and seven in y^. montana. Vanellus also has eight. Probably specimens of the Mountain Plover will eventually come to hand having eight of them, also. Coming next to the sternum and shoulder-girdle^ I find the entire ap- paratus to be non-pneumatic in nature. No foramina are to be ob- served. The OS furcula is the perfect miniature of that bone as it occurs in much larger birds of the present suborder, Nutnenius longirostrisy for in- stance. The clavicular limbs are of uniform thickness throughout, and only very slightly increased in bulk where they unite, mesiad and below, to support a small quadrilateral hypocleidium. Substantially, the method of articulation of the shoulder-girdle bones with each other is the same as we found it among the Phalaropes. The form of the cora- coid is almost identically the same in ^, vocifera and Phalaropus lobatus and there is very little difference in the shape of the scapulae — either species having the bone fully twice as long as the shaft of a coracoid ; and in yE. ?nontana its blade is curved, broad, and rounded at its posterior extremity. It reaches well back towards the ilium, over- lapping the ribs. Shufeldt: Osteology of the Limicol^. 29 The manubrium of the sternum is a stumpy process, shaped like a wedge, being notched above and sharp below. Above this process the coracoidal grooves nearly meet at a point in the mesial plane at its base, while the lateral processes of the same name, of a triangular form, rise only to a moderate degree above the superior margin of the bone, to bear along the posterior border of either one, the facettes for the costal ribs, six on each side. The xiphoidal extremity of the body of the sternum of yE, viontana is four-notched, the notches being deep, and giving rise to five proc- esses, a median one, the under surface of which supports the hinder part of the carina, and a pair on each side of it. In Vanellus the inner pair of perforations are subelliptical foramina and not notches. Fig. 7. Pelvis of Charadrius dominicus^ right lateral view. Natural size (Spec. 16715 Coll. U. S. Nat. Mus. ). Fig. 8. Pygostyle and last caudal vertebra of Charadrius dominicus ; right lateral view. Natural size. Same specimen. In the sternum of a Killdeer Plover at my hand (y:^. vocifera) the inner notch on the right-hand side is also converted into a foramen. C. squatarola has them as in ^. montana. Viewed laterally the sternum of a Plover very closely resembles that bone as we see it in Aphriza virgata ; indeed, in so far as shape is concerned, irrespective of mere size, this bone is of a very uniform pattern throughout the majority of our typical Lhnico/ce — the Woodcock, (^Fhi/ohcia^) and Wilson's Snipe, ( GanindgOy ) being conspicuous departures therefrom. Ossification in Plovers is normally extended, as in so many other birds, to the plate of the superior larynx, the rings of the trachea, and a few tendons and sesamoids. Of the Appendicular Skeleton. — The chief point of interest that attaches to the limbs of our Plovers is that they are, in every case, absolutely non-pneumatic, both the pectoral and pelvic extremities presenting, in all the bones that compose them, those characters, after maceration, so well described by Hunter.^ The long bones are also non -pneumatic in Gallinago and Philohela^ which are other birds of * Observations on the Animal QCconomy, Palmer's ed., 8vo, 1837, p. 178. 30 Annals of the Carnegie Museum. not very dissimilar volatorial habits. All the bones of the limbs in Plovers are impressed with the more usual ornithic characters. In the humerus we find the proximal extremity well expanded, and a strongly marked, curling crest overshadowing the usual site of the pneumatic foramen in birds where it is present. The ** preaxial ridge * * is shorter than we usually find it, that is, it does not extend so far down the shaft ; this shortening, however, is not accompanied by any dimi- nution in the height of this ridge. The humeral shaft is straight and subcylindrical on section ; its distal extremity supports the usual points for examination, and the epicondyloid spur is well developed. (See Fig. 9.) Both radius and ulna are moderately bowed along the continuity of their shafts, and the row of quill-butts are ranged along that of the Fig. 9. Left humercw of Charadrius dominicus^ palmar aspect ; natural size ; by the author, from specimen 16,715 of the Smithsonian Collection (taken at Point Bar- row, Alaskan Expedition of 1882). latter. There are a dozen of these in Vanellus. The skeleton of the hand in any true Plover is a long one, and in C. squatarola that seg- ment is fully as long as the skeleton of the antibrachium. The pol- lex has one joint, the next digit two, and the last, one ; there are no claws or spurs in the manus of these birds, as seen in some of the Asiatic forms. There is a very remarkable resemblance of the skeleton of the pectoral extremity of a Plover to the corresponding structures in a Gull. (Compare for instance Z. delawarensis zxiA C. squatarola.) The entire length of the skeletal arm of ^. montana measures 14 centimeters — of which the humerus takes 4.4 ; the ulna 4.6 ; the car- pus o. 2 ; the metacarpus 2.3 ; and the two phalanges of index digit 2.5. In the femur we notice that the head is sessile on the shaft, and placed nearly at right angles to it ; on its upper surface the pit for the ligamentum teres is seen. The crest of the great trochanter is sharp and elevated above the general surface of the summit of the shaft. At the distal end, the outer or larger condyle falls but a little below the inner one, the groove for the head of the fibula being well cut into it. Of the two processes on the anterior aspect of the head of the tibio- Shufeldt : Osteology of the Limicol/E. 31 tarsus y the inner one is of a broad quadrilateral form inclined out- wardly, while the external one is a rounded, claw- like, and sharp process, curving downwards. The usual osseous bridgelet for the confinement of tendons is seen in front just above the condyles. Tht fibula is a very delicate spicula of bone, reaching down, in the articulated skeleton, only half way to the external condyle. The hypotarsal protuberance of the tarso-vietatarsus is in reality converted into two processes, so deep is the tendinal grooving down its posterior aspect. In ^, montana the inner process is the larger, and sends from its lower portion a sharp ridge of bone that is carried down on the shaft and gradually merges with it. The pits to receive the condyles of the tibio-tarsus on the superior aspect of the head of the tarso-metatarsus are deep, and a knob-like apophysis arises be- tween them on the anterior boundary. Just below this a fossa exists, at the base of which a foramen is seen, which pierces the shaft from before backwards, coming out behind to the inner side of the larger process of the hypotarsus. In all our plovers the shaft of this bone of the leg is long and straight, and the mid-trochlea projects well be- yond its fellow on either side. The usual foramen is seen just above its base and on the outer side. Among our plovers it is only in C. squatarola and in Vanellus that we find a small hallucial joint present, hung rather high on the shaft of the tarso-metatarsus. It is altogether absent in the Killdeer and others. Otherwise the podal joints are normal, both in arrangement and char- acter, so far as the three anterior digits are concerned. Measuring from the summit of the trochanteric crest of the femur, on a straight line to the apex of the claw of the mid-digit in the skele- ton of the leg in yE. fnontanay we find it to be in the adult male, 15.5 centimeters in length. Of this the femur takes 3.0, the tibio-tarsus 5.6, the metatarsus 4.2, and the mid-digit 2.7 centimeters. With respect to its skeleton, no true Plover will depart in any marked degree from the pluviitline skeletal characters as they have been set forth in the above account. On the Comparative Osteology of Numenius longirostris . Curlews agree with all other true limicoline types in being typically schizorhinal birds. (See F'ig. 10.) In the skull the iiasal bones are arranged and formed much as they are in the Phalaropes, but without an immature specimen, which I am Shufeldt: Osteology of the Limicol.*:, 33 sorry to say I lack, it is impossible to tell how far forwards beneath the culmen, and on the inner sides of the premaxillary the nasals are extended. We have just seen above that they reach almost to the tip of the beak in Plovers. The premaxillary is quite broad and subcompressed as it slopes somewhat gently away from the frontal region of the skull between the nasal bones. It becomes gradually narrower as it proceeds towards the distal tip, but alters but little in form. In an old individual of N. longirostnsy it is nearly six times as long as the remainder of the skull, twice as long as the corresponding parts in N. borealis. Other forms graduate between these two ; in N. arquata it is fully four times as long, and is more generally curved throughout. At the point marked / in Fig. lo, and in B of Fig. 1 1, the nasal meets the maxillary. Beneath, and a little beyond this point, the palatine also merges with these bpneS. These elements thus unite to form a common rod that contracts immediately after the union to a delicately fashioned stem to which I have given the name of the subnarinal bar. They are seen on either side of the nasal process of the premaxillary, at first beneath the osseous narinal clit, then to pass under this bone, be- coming at the same time flatter, more closely applied for the . entire length, until they merge into it near the tip at k. Fig. lo. In N. longirostris these bones may be pulled away from the other part of the premaxillary, as shown by the dotted lines in Fig. ii, ^, and they spring back to their original position when the hold is released. This is only possible in those curlews that have very long bills. It is not a particularly noticeable feature in the Eskimo Curlew, nor the whimbrel. The sutures among these bones are completely obliterated in the adult skull, so it is not possible to tell the precise limits of the several ones entering into the composition of this bar ; no doubt the dentary or maxillary process of the premaxillary takes a large share. The delicate curling crest of bone found just within the nasal bar above, and united with the rounded outer margin of the premaxillary, belongs to the nasal of that side. In N. hudsonicus this character is absent, while, on the other hand, it is exaggerated in N. borealis^ in which bird the entire rhinal chamber seems to be filled with this enlarged bone, here forming a hol- low sub-cylinder, which meets a similar cylindrical formation of the maxillo-palatine coming from below. (Compare c and d, Fig. 12.) We find the vomer to be a very well developed bone in N. lon- 3 34 Annals of the Carnegie Museum. ^rostris. It is a thin spearhead -shaped lamina of bone, pointed in front, bifurcated behind, where either fork fuses with the ascending process of the corresponding palatine. On the under side of this horizontally disposed vomer there is a thin, vertical, median crest, which in front merges into the free pointed extremity, while posteriorly it is produced backwards by two vertical plates which grasp and ride upon the rostrum. These latter are the bifurcations to which I have just alluded. In N. kudsonicus and N. phaopus the anterior tip of the Fm. II. Basal and superior views of Ihe skull of Nuimniiu longimslris, natural siie ; A, the Ijasal view, lower mandible removed ; H, the superior view, like lettering designating like parts, pmx, premaiillary ; i', vomer ; //, palatine ; '«, maxillary ; «, nasal ; ith, lateral wing of ethmoid ; /, lacrymal ; q, quadrate ; //, pterygoid ; fm, foramen magnum ; j/, supra-occipital foramen ; also in A, sn, the subnarinal bar, and m' its position in dotted lines as drawn away from the premaxillary on either side. In B, 1, the point of meeting of nasal and maxillary. vomer is bifurcated. As a rule the ma\illo-pa!atines are not as much curled as we find them in (he Plovers, and the imion with the i>alatine is more extensive. As in the Plovers, however, they are riddled with perforating foramina ; more frequently the foramina in either maxillo- palatine plate merge into two regularly suboval ones. Shufeldt : Osteology of the LiMicoLiE. , 35 The postpalatine portion of the palatine is broadish with its lamina and process strongly developed. These bones are well separated from each other beneath the rostrum, and the pterygoid process is turned outwards. Taken in proportion to the size of the bird, the prepala- tine portion of the palatine is relatively shorter in N. longirostris than in any other species, while N, hudsonicus and N. phceopus, with their comparatively longer crania, have that portion of the palatine corre- spondingly lengthened out. The iacrymai, though small, stands out quite prominently at the an- tero- superior orbital border. It articulates largely with the nasal, and in all curlews sends down a slender bony style which unites with the upper and outer angle of the pars plana, by which means a large foramen in this locality is encircled. These ethmoidal wings have the same general appearance in all the members of the genus. Each one is a quadri- lateral plate, projecting nearly at right angles from the mesethmoid, to form an ample partition between the rhinal and orbital cavities. The interorbital septum is never entire in any of the true curlews, but is pierced in almost identically the same manner in every species. The forms of these interorbital vacuities can best be seen by referring to the several lateral views of the skulls illustrating this memoir. But one specimen of the skull of TV. hudsonicus lies before me, and in that the dividing bar between the two openings is evidently broken out. I have restored it by dotted lines (Fig. 12, C). The pterygoids are comparatively short bones in all the curlews; more particularly so in our present subject. They are twisted and angular in appearance, with sharp longitudinal edges. An elliptical facet occupies the middle of the inner aspect of each, which articulates with the basisphenoid process on either side. Each quadrate bone presents the usual undulatory surface upon its mandibular head for articulation with the lower jaw. Just above this, on the inner aspect, is a small, semiglobular facet for the cup on the outer end of the pterygoid. The orbital process is a quadrate, lamelliform plate with truncate extremity, while two articulating facets are seen to occupy the dilated end of the mastoid process of the bone. On the outer side we find the usual cotyle for the projection on the quadrato- jugal. The form of the quadrate varies but very little among the other representatives of this genus. Several foramina are seen at the base of the deep sunken cavity from which the fifth pair of nerves issue. This is the case in all the spe- 36 Annals of the Carnegie Museum. cies, and this elliptical pit on the posterior wall of the orbit, just above the quadrate, is quite a striking feature of the skull. Ossification is so far deficient in the interorbital septum opposite the exit for the optic nerves that this aperture is here one large circular opening. To its outer side, however, separate and minute circular foramina exist for the third pair. This latter condition seems to be common to all the species. The olfactory nerve in the anterior part of each orbit has for its reception a well-marked canal that leads to a foramen (JV. longi- rosfn's), or a notch {N. phceopus), into the rhinal chamber. A side view of the skull presents for examination, in addition to other points already noticed, the osseous entrance to the ear, which is here shielded behind by a rather prominent tympanic wing. The sphenotic process in all curlews, except X. horealis, is a long, sharp-pointed spine, and even in the excepted species it may become quite long in old birds. An upper and lower spine project forward from the squamosal, over the articulation for the quadrate. This feature is more prominent in the continental species, N. arquata, than in any of our American forms of curlews, though it is by no means entirely absent on the lateral as- pect of the skull of N, lon^irostfis. In the eye the usual sclerotal plates are found ; they are compara- tively small and about twenty in number. The superior aspects of curlew skulls offer some very diverse characters. In all the craniofacial region is concave and traversed by a faint longitudinal median groove that becomes lost beyond on the premaxilla. This groove is deepest in N. arquata. In N. lon^irostris the superior orbital peripheries are but slightly serrated, and the orbital roof just within them is pierced by but very few minute foramina. The ** glandular depressions" are shallow. The surface between them is depressed, though the inner margins or boundaries of these depressions are somewhat raised and prominent. These margins, in X. phicopusy merge into a single median ridge or crest ; the orbital rims are decidedly serrated with small incomi)lete foraminal perforations, and the glandular depressions would hardly attract atten- tion. The raised median line is single and still more prominent in .V. arquata, causing the depressions to aj)pcar more concave. In my specimen one large foramen is seen close to the orbital rim on one side, situated rather ])Osteriorly, with a corresponding notch on the opposite side. In X, hudsonicus the orbital rims are comparatively Shufeldt : Osteology of the Limicol^. 37 smooth ; no evidences exist of the glandular depression, and the region is barely concave ; a minute foramen exists on each side pos- teriorly. Numenius horealis has strongly marked glandular depres- sions of a semilunar form, situated just within the smooth orbital peri- pheries. A decided median groove divides them longitudinalljj, which in that species is continued on the culminar portion of the pre- maxilla for a short distance. The glandular depressions terminate an- teriorly in this curlew, in a notch, on either side, just behind the lacrymal bones. The parietal region is smooth and globular, being impressed in most of the species by a longitudinal median groove, most noticeable in N. arguata^ less so in N, borealis, least of all in N. phceopus. Among the chief points of interest in the basal view is the form of the foramen magnum. This is nearly circular in N, longirostis and N. arquata ; cordate in N, phceopus. The condyle is small and hemispherical in all the species, and has situated beyond and on either side of it, the usual vascular and ner- vous foramina seen in this locality in ordinary birds' skulls. Two large supraoccipital foramina, of elliptical outline, exist in our present subject and in N. arcuaia ; these openings are very small in the Whimbril, and exist only on one side in N. horealis^ as a minute perforation. The surrounding muscular line of the occiput is quite strongly marked in all the species ; least of all in the Eskimo Curlew. Within the brain-case we find the tentorial ridges quite prominent, well dividing the various encephalic compartments. The longitudinal one appears to be ungrooved by the sinus. Foraminal openings occur in the usual localities for the entrance or exit of nerves and vessels. But little diploic tissue seems to be de- posited between the tubular walls of the cranial vault, these latter being quite thin, and composed of firm, compact bone. The curvature of the mandible is almost identical with that of the upper bill or premaxillary. When articulated with the skull it is found to be in all the species a few millimeters shorter than the latter bone. In N. longirostris the rami separate and diverge from each other at a point about midway between tip and articular extremity. Beyond this point the mandible is in one piece, rounded beneath and with rounded lateral angles above. A groove deeply marks the bone along its entire course in this portion, in the median line. The rami still remain rounded for some distance backwards after they separate from each as Annals of the Carnegie Museum. other, but, just before they arrive at the long slit-like ramat vacuity, they dilate to become lamethform plates compressed from side to side. The upper borders of these plates curve inwards towards each other. A second small circular foramen, situated at the base of a larger con- cavity, on the outer aspect of the ramus, between the vacuity and the hinder end, exists in all the specimens before me, except JV. huiisonicus. The articular ends are of a form most common to all ordinary birds of the present suborder ; they are produced posteriorly into small vertical plates that turn outwards, but do not curve upwards to any great extent, thus ditfering from what we found in the Plovers. The usual pneumatic foramina are found at the inturned apices of the articu- Fk;. iZ. Right laleral views of the shulls upper figure), and .V". borcalis (D, ihe lower oi maxillary ; «, Ihe nasal ; /, ihe lacrymal ; //, ihe ( d, dentary ; h, the subnarinal har. ladrate ; //, palali lar cups. The sutures defining the limits of the bones that originally entered into the composition of the mandible in any of this genus, have become almost entirely obliterated, the edge of the dentary alone sometimes being persistent. With the exception that the ceratohyah have fused with the glosso- hyal, or the posterior part of it, as is usual among birds, all the remain- ing elements of the hyobranchial apparatus of the curlew remain free Shufeldt: Osteology of the LimicolvE. 39 during life. The first piece of the arch, just named, has the form of a long arrow-head, with quite a sizable fenestra towards its hinder end. This is the inter-cerato-hyal fenestra. The first basi -branchial has a median longitudinal ridge above, connecting the two enlarged articulating extremities ; the posterior one has two facets for a cerato- branchial element on each side. These are long and slender, curving upwards. They support the equally delicate epibranchials, which terminate in filaments of cartilage. The second basibranchial is quite short, comparatively speaking, it being in turn produced backwards by a slender, cartilaginous tip. It will be seen from this description, as far as I have carried it, how really very much alike is the skull of a Plover and the skull of a Curlew. Comparative Notes from the Skulls of other Limicoline Birds. — Although the skull of Himantopus mexicanusy the Black-necked Stilt, has most of the usual limicoline characters, its general form is quite different from that of the skull of either a Plover or a Curlew. Viewed superiorly, we find the median crease very deep between the orbits, and the glandular depressions on either side of it are semilunar in form, strongly stamped and definite in outline. The convexities are directed towards each other. ^ Each terminates anteriorly in a single foramen, that pierces the roof of the orbit beside the lacrymal bone. The inter- orbital septum of this Black-necked Stilt is markedly deficient in bone, and the anterior wall of the cranium does not fare much better in this respect (see Fig. 13). Supra-occipital foramina of the most usual form are found in this bird also, the muscular lines of the occiput being well defined above them. The pats plana of either side is but feebly de- veloped, and the descending spine of the lacrymal falls far short of reaching this bony projection of the mesethmoid. Upon basal view we find the palatines long and narrow, with the vomer slender, and terminating in a sharp point anteriorly. The hinder end of each articular part of the mandible in Himantopus has the appearance of being scooped out, so as to form a semiluniform cavity. Recurvirostra americana. — Several of the characters presented on the part of the skull of Himantopus are substantially reproduced in the case of the Avocet. Chief among these is the form assumed by the proximal ends of the mandible, the extreme narrowness of either pars plana, and the free-hanging descending limb of either lacrymal, * The present specimen may be defective. It was prepared at U. S. Army Med. Museum before I had charge. 40 Annals of the Carnegie Museum. though the superior part of each of these bones projects much further from the skull than it does in the Stilt. The Avocet also differs from Himantopus in having a more perfect interorbital septum ; in the supra-occipital foramina being circular ; in the vomer being broad and widely forked at its expanded anterior extremity ; in the shallower supra-orbital depressions, which in the Avocet merge together in the middle line, and are carried out on the projecting lacrymals. It is scarcely necessary to call attention to the difference in the form of the skeleton of the bills in these two birds. The Avocet stands alone with his upturned mandibles, and even the beak of the Stilt is quite unique. The Skull in the Woodcocks , and in Gallinago. — Although essen- tially limicoline in their general character, the skulls of Scolopax rusticola, Philohela minor and Gallinago delicala, and no doubt others of those genera, depart in some very striking particulars from the limicoline skulls we have thus far considered in this paper. Except in point of size there is scarcely any difference between the skulls of the European ^ and American Woodcocks, the former being about one fourth larger. In the former the great, capacious and circular orbits, with their raised superior borders, have crowded the greater part of the brain -case downwards and forwards, thus bringing the foramen magnum into the horizontal plane, and the other parts of the skull have the appearance of being moved to the front. All this is also seen in Gallinago j but not quite to such a marked degree. In the Snipe, also, the orbits are more elliptical in outline (Fig. 13, f), and the median, longitudinal crease between them on the superior aspect of the skull, more pronounced. Both Snipes and Woodcocks have the occipital condyle very small and hemispherical in form ; it being sessile in the former, but rather inclined to be pedunculated in the latter. The supra-occipital promi- nence is well seen in S. rusticola, in which species the foramina, one upon either side, are absent, though they are generally found in the American Woodcock, and always in Gallinago. Of a cordate outline, the foramen magnum is of large size in these birds, being as wide in S. rusticola as the basitemporal area in front of it. An osseous sei)tum narium exists in all the birds, being most com])lete in the Sni])e. It 'I use the specimen kindly loaned me by Prof. A. Newton, F. R.S. (No. 308) from the cabinets of the zoological collection (osteological department) of the Uni- versity of Cambridge, England. Shufeldt: Osteology of the Limicol*. 41 is very peculiar in the woodcock, for from a median lamelliform plate between the nostrils it gradually swells beneath (he culmen as it passes to the front of those apertures, then again soon contracts to merge with the narrow and flattened median process of the premaxil- lary, near the juncture of the anterior and middle thirds of this part of the bill. Below this point the dcntary processes of the premaxil- lary are thin and horizontally flattened. In front of this again the mandible becomes solid, being only grooved in the middle line upon ^=^, A. KlG. 13. Left lateral views, natural si7e, of skul1sor/>>li/»*W«wi«Hr(E), linngo wilsani (F), and Jlimnnlopm mexieanus, (G). «, nasal ; //, palatine pterygoid ; q, quadrate, and a, articular. its nether aspect. Now from this plan of structure we have in this straight superior mandible of the woodcock a section about a centi- meter long, which from the thinness of the bones is quite flexible in the vertical direction, the continuity of the osseous beak both in front and behind this section being much firmer and stronger. This feature, if anything, is still better marked in the snipe. It is well known that 42 Annals of the Carnegie Museum. the woodcock and snipe have the ability to curve up the anterior extremity of the upper bill, and so far as the skull in these birds is concerned the power to perform such a feat is quite apparent. Passing to the cranio-frontal region, we are to note the large lacry- mal which sweeps backwards to join with the post-frontal, thus com- pleting the orbital periphery in bone, a very rare condition, as we know, in birds. In the Woodcock the plate-like vomer is vertically disposed, but at the same time it is exceedingly small, being drawn out in front to a point of absolute hair-like dimensions. It is horizontal in Gallinago^ and both larger and longer. In Gallinago and in the Woodcock, too, the interorbital septum is quite complete, though in the former species many small deficiencies may occur in the bone on the anterior wall of the brain-case in some individuals. The pterygoids are exceedingly short and thick, the facet for the basisphenoid process occupying nearly the entire length of the shaft. This is especially the case in Philohela. In the mandible of Snipes and Woodcocks the hinder end is bent down almost at a right angle, and the ramal vacuity is unusually large in Galiifiago. The Skull in the Long-billed Dowitcher. — In a skull of this species, Macrorhamphus scolapaceuSy which I collected in New Mexico, I see a number of characters to remind me of the skull in Gallinago y but not- withstanding this, the conformation of the skull, especially its cranial portion, partakes more of the character of the larger Sandpipers. The morphology of the superior osseous mandible is as in Gallinago. Superiorly, the lacrymals, however, jut out more distinctly and promi- nently, and their descending portions, not at all produced backwards ^ fuse with the large square pars plana. The post-frontal process is very long and extremely slender, while the interorbital septum is not so thoroughly completed in bone. Maxillo -palatines are practically absorted, as indeed they are completely so in Woodcocks and Gallinago. An osseous septum narium is also to be found in Macrorhamphus y which, as in Wilson's Snipe, is an extension forwards of the mes- ethmoid, and probably the nasals grasp it in the middle line beneath the premaxillary, but I would have to have the skeleton of a young snipe to prove that point. In all these true scolopacine types the zygoma is very short, straight, and slender, and inclined to be trans- versely conipressed (especially in Wilson's Snipe). Shufeldt : Osteology of the Limicol^e. 43 The mandible of Macrorhamphus agrees with that bone in GallinagOy and the hyoidean apparatus in the two species is practically alike. Its osseous parts are extremely delicate in point of structure. The skull of Micropalama himantopus offers us a most perfect go-be- tween, standing as it does exactly between the Dowitchers {^Macro- rhamphus^ and the Trmgas. It is undoubtedly a Snipe -sandpiper in every sense of the word. The structure of the upper bony bill, as de- scribed above for Gallinago, has, in it, almost mellowed down to what we find in the typical Sandpipers, while the mandible shows the posterior flexure to some degree, and its cranium is truly scolo- patringine. Notes upon the Morphology of the Skull in the Sandpipers. — There is at my hand a complete skeleton of Tringa mariti?nay and its skull, except in point of size, appears to be almost exactly like the skull as we find it in Phalaropus lobatus. So far as the essential characters are concerned they are absolutely identical in the skulls of these two birds, and it is only slight variation in pattern that causes any differ- ences to exist at all. The bill of the Phalarope is straight ; the bill of the Sandpiper is somewhat decurved, but withal, the characters of this part of the skull are the same. T. marititna has the supra-occipital foramina present, but they are likewise so in Crymophilus, and I count very little on that fact. Tringa ptilocnemis has a skull that very closely resembles the skull as found in Aphriza virgata. The differences between the two are hardly worthy of notice. Tringa minutilla has a skull of the most delicate construction, but it is typically limicoline and scolopacine as well. Most noticeable in Tringa is the absence of the supra-orbital glandu- lar depressions and the extreme narrowness of the region of skull where they occur in the other forms. Tringa fuscicollishdiS the supra- occipital foramen and the fenestra in the interorbital septum, as in the curlews. There seems to be in the mandible an inclination for the hinder ends to bend downwards. This character is also observable in Tringa minutilla^ and in this sandpiper the space between the orbital margins, on the superior aspect of the skull, is reduced to a very narrow isthmus. It is much wider, comparitively, in Tringa bairdi ; and this form also faintly shows the glandular depressions. They are quite well marked behind. The mandible shows the posterior bend, and the articular extremities throw 44 Annals of the Carnegie Museum. « off behind lamelliform, upturned processes that are a prominent fea- ture in this bone. The vomer is pointed in front, and the supra- 9ccipital foramina are present. Tringa maculata and Tringa alpina possess skulls very much alike in many of their characters — in the arrangement of the maxillo-pala- tines, the presence in each of the glandular depressions with a similar form. Both have the supraoccipital foramina and great deficiency of bone in the anterior wall of the brain -case and interorbital septum. They differ in the form of the ethmoidal wings. T. maculata shows a little bony loop, projecting forwards from the outer borders of this plate, which is absent in the Dunlin. In the Pectoral Sandpiper this ethmoidal plate is not carried up so far as it is in T, alpina^ in which bird it absorbs the lacrymal on either side. The little osseous loop on the ala-ethmoid, referred to as a charac- ter in T, maculata, is seen also in Rhyacophilus soliiarius. Here, however, its upper limb comes down from the lacrymal to throw in its lower limb at a right angle to the ethmoid. This explains the man- ner in which it is developed and accounts for its presence. The vomer is pointed anteriorly in the Solitary Tattler. A deep median pit char- acterizes the cranio-frontal region in T. pusillus. In Actitis macularia the glandular depressions on the roofs of the orbits are long and narrow and bound the entire supra-orbital peri- phery. This constitutes a real difference as compared with all true sandpipers, and also denotes in some degree a relationship to the curlews. A. macularia has also the supraoccipital foramina present, and of some considerable size. Very large vacuities occur in the interorbital septum, and the foramina for the optic, olfactory, and other nerves have all run together to form one large irregular foramen. Bartrajfiia longicauda does not possess the supraoccipital foramina, and the glandular depressions above the orbits are still narrower than they are in Actitis, In this latter Sandpiper we find a minute spur on the anterior margin of the pars plana, directed forwards ; and its maxillo-palatines have each such a large vacuity in their bodies that either one is reduced to a mere hair-like rim of bone. Its vomer is long and pointed. The skeleton of the remarkable Spoon-bill Sandpiper {Eurynorljyn- chus pygmceus) has been examined by Mr. J. Anderson, and he com- pletes his paper on the subject by saying that ** The foregoing exami- ShUFELDT : OSTEOLOCiY OF THE LiMICOLiE. 45 nation of the osteology and other characters of Eurynorhynchus reveals only one important feature wherein this bird structurally differs from the genus Tringa^ namely, the singular expansion of the bill, the, structural equivalent of a similar modification in Platalea leucorodia. Indeed, this species, as pointed out by Mr. Harting, was originally placed in the genus Platalea by Linnaeus." * A careful study of the skull of Heteractitis incanus convinces me that in that part of its anatomy it indicates rather close affinity with such forms as Totanus flavipes and T. melafioleucus. We will now pass to the consideration of the skull in some of these birds, as well as of the Godwits and others. Skull of the Godwits^ Willets^ Tattlers^ and Others. — In Totanus me- lanoleucus the glandular depressions above the orbits are wider again, and the supraoccipital foramina are present. A median notch is found in the upper border of the foramen magnum. In Totanus flavipes nearly half the anterior wall of the brain -case is deficient, and the interorbital septum is not formed in bone at all. This latter char- acter does not occur in the Willet {Symphemia semipalmata). In this interesting bird we find the supraoccipital foramina to be of some size, and of an elliptical outline. The glandular depressions are barely perceptible. Just beyond the cranio-facial region, on the culmen, we note the persistence of the premaxillary sutures. This shows to some extent how far the nasals must extend forwards. The vomer is pointed anteriorly, and the interorbital vacuity is divided by an osseous bar. Upon a ba.sal view we find that the lower borders of the maxillo- palatine plates appear. They are attached to the palatines anteriorly, being directed backwards as free lamina. Their connection anteriorly with the maxillaries is by their outer angles. In the mandible of Symphemia the true ramal vacuity has become a mere slit, filled in with a plate of bone ; while the small foramen I described in the Curlews is here very large, and has more the appearance of the true ramal vacuity as seen in other birds. This condition likewi.se exists in Litnosa fedoa and Z. hcpmastica. The rims of the orbits in the former bird are rounded, differing in this respect from the Curlews. In this Codwit, too, we note a pointed 'Anderson, J, " On the Osteology and Pterylosis of the Spoon-billed Sandpiper i^E. pygfuicus).^'' Trans. Linn. Soc. (2ser. ). I. Zoology. Ixmdon, 1879, pp. 213- 217. The (juotation is from p. 217. A handsome plate (osteology) illustrates this memoir. 46 Annals of the Carnegie Museum. vomer in front, and the presence of the supraoccipital foramina in the occiput. The glandular depressions above the orbits have disap- peared, and the openings in the interorbital septum are three in num- ber, and smaller. A deep, circumscribed, and obliquely inclined groove is found on the lateral aspect of the skull, back of the entrance of the ear. In Limosa rufa a deep gutter is seen between the orbits on viewing the skull from above. Anteriorly it is bounded by an emi- nence on the premaxillary. The lacrymal is small in all the Godwits, and connects with the ethmoidal wing, as in the Curlews. In this genus Limosa the structure of the superior osseous mandible is much as we find it in Galiinago, as given above. I have not examined the skull of the Ruff {F. pugnax) ; it, how- ever, probably only exhibits the usual limicoline characters, with some slight modifications for that particular species. In writing to Pro- fessor A. Newton for a skeleton he replied tome in a letter of the 27th of November, 1889, and said: ''Herewith I send you a sternum of Machetes ; I regret to say that we have no skull. It is a most useful thing to have correspondents who make demands like yours upon us, as thereby we learn our deficiencies. Of course we ought to have at least one skeleton of this form, and I shall made it my business to try to get one next year — but it will not be a very easy matter ; the bird is practically extinct in England (/*. e., there is only one place known where it still exists, and nothing would tempt me to procure one thence) and is become so rare in Holland that I doubt whether any are now sent to our markets, and I think it must be ten or a dozen years since I have seen one in a poulterer's shop." Comparative Notes upofi the Remaijider of the Skeletoti in the Curlews a?td other Forms. There are fifteen vertebrae in the cervical portion of the spinal column of N. longirostris. The only other complete skeleton I have of a Curlew (^N. horealis^ shows the same number, so probably this holds for the genus. Free ribs occur on the fourteenth and fifteenth, and in my specimen of the Long-bille!Q Curlew, the thirteenth vertebra of this chain shows persistent sutures upon the lines of anchylosis of the pleurapophyses on either side. So individuals of this species may be found wherein three pairs of cervical ribs exist, they being free upon the last-named vertebra. In the atlas, the neural arch is very broad from before backwards, with its posterior angles tipped with ShUFELDT : OSTEOLOQV OF THE LlMlCOL^, 47 small nodules of bone. The cup for the occipital condyle is perforated by a minute foramen at its base. We find the neural spine of the axis to be represented by a large and tuberous knot of bone, and the transverse processes in this vertebra, directed upwards, backwards, and outwards, are unusually stout and heavy. The " odontoid process " is small, and shows an articular facet on its inferior aspect. Beneath, the hypapophysis is a strong plate of bone, pointing backwards, with thickened border below. The third vertebra has well -developed parapophysial spines; a closed vertebral canal ; elliptical foramina, one on each side, in the The : lamina of bone extending between the zygapophysial processes; a neural and hypapophysial spine, the former being a small plate situ- ated posteriorly. In the fourth vertebra these characters are all still to be found, though the foramina above are closed in only by an extremely slender interzygapophysial bar. The fifth vertebra is very much elongated ; the mid-portion of the centrum is represented by a median longitudinal lamina of bone, extending between the more 48 Annals of the Carne(;ie Museum. solid and terminal pieces that support on their outer aspects the articular facets for the vertebrie before and behind it. The neural spine is reduced to a sharp line ; the posterior zygapophyses are out- standing processes. The sixth, seventh, eighth, and ninth vertebne are substantially the same in character as the fifth, though they are growing shorter as we proceed backwards. They show also the open carotid canal. In the tenth vertebra this is replaced again by a hypa- pophysis, a single plate placed anteriorly on the centrum beneath. The vertebral canal is still a closed passage, and the neural spine is absent. Extensive pneumatic foramina exist in all the ultimate seg- ments of the cervical division of the spinal column. The eleventh and twelfth vertebrre arc slowly changing, to bring about what we find strongly developed in the thirteenth. In this latter we observe a well- pronounced double neural spine, occupying a mid-position on the neu- ral arch. The postzygajjophyses are elevated, but still project out- wards. Anteriorly, the vertebra is very broad from side to side, owing to the far-spreading transverse processes that here overarch the verte- bral canal, it being closed in beneath by the anchylosed ribs, already alluded to above as being a character of this vertebra. The lateral aspects of the centrum show a deep elliptical pit on each side, with numerous circular pneiuiiatic perforations at their bases. The hypa- pophysis is a single plate, occupying the mid-portion of the centrum. In the fourteenth vertebra the ribs, or rather the delicate pleura- pophyses, have been liberated ; the hsemal spine exhibits evidences of becoming tricorniite; the neural spine stands well above the vertebra Shufeldt: Osteology of the Limicol^e. 49 as a tuberous and solid mass, bearing sharp spines directed backwards upon its outer and posterior angles. These are the continuations of the lateral raised rims of the neural spine proper, and they project also somewhat anteriorly. This is one of the most prominent features of the fifteenth or last cervical vertebra ; it is explained, however, in the dorsal series by its evolution into the ordinary quadrate dorsal neural spine, with the forked extremities of the limiting rim at their crests. The haemal spine of the fifteenth vertebra is triplicated, having three plates, though they are not particularly prominent. In it, too, the free ribs are quite long, and are without uncinate processes. Numenius borealis shows but few structural departures in its cervical vertebrae from those I have just described for N. longirostris. The cup of the atlas does not seem to be perforated at its base ; the pleurapophyses of the thirteenth vertebra bear no striking resemblance as yet to free ribs, as they do in the Long-billed Curlew. The carotid canal is found traversing identically the same vertebrae in mid-neck. In both these Curlews there are five vertebrae in the dorsal series, all articulating freely with each other. Above, they have long osseous metapophysial filaments that stretch for the length of one or nearly two vertebrae before and behind, in the middle of this region. The tendons have also become ossified and attached, and reach far back- wards from each segment, those of the last running into the ilio-neural canals of the pelvis. The first dorsal vertebra shows two little lateral processes at the lower extremity of its haemal spine ; this plate is single and prominent in the next vertebra, but does not appear in any of the others. Each dorsal vertebra has a pair of ribs, of the most common pattern, as seen among birds. They connect with the sternum by costal ribs, and have freely articulated uncinate processes. These lat- ter are very long and narrow, reaching nearly in mid-series to the second rib to their rear. In Curlews the pelvis also supports two pair of free ribs. The first pair has all the character of the dorsals, being simply slenderer and longer. The ultimate pair is devoid of uncinate processes, and their haemapophyses only articulate along the posterior borders of the pair in front of them, so do not reach the sternum. I find a^in in my specimen of N. borealis an additional piece, or free costal rib, attached to the posterior border of this last pair of costal ribs, on either side. The number and arrangement of the vertebrae and ribs of the spinal column, as far as examined, agree very nearly with Limosa fedoa and Recunnrostra. 50 Annals of the Carnegie Museum. In Himantopus the number of cervicals and dorsals is the same as in Numenius, but there appear to be one pair less of sacral ribs. The arrangement in the Phalaropes agrees with what we find in Himantopus. In Gallinago and the Woodcocks the arrangement is different. In them there are twenty-one free vertebrae between the skull and pelvis ; but two pairs of cervical ribs (the first very minute) ; six pairs of dorsal ribs that meet the sternum through costal ones below ; two pairs of pelvic ribs, the haemapophyses of the first not reaching the sternum, and the last pair fused with the ilia and almost aborted. In Tringa maritima these latter are not present, otherwise the ar- rangement and number of the ribs and vertebrae in the cervico-dorsal part of the trunk skeleton is the same as in Gallinago. On the other hand Bartramia longicauda agrees with the Curlews in this matter, while all the Sandpipers that I have examined have these parts as they occur in T. maritima. The arrangement for other important forms will be fully presented when we come to examine the osteology of Aphriza virgata beyond. Of the Pelvis and Coccygeal Vertebrce. — Viewing the pelvis of Numenius longirostris from above, we observe that the total pre- acetabular area is about equal in extent to the post -acetabular area. The ilia are long and narrow, with serrations in their anterior borders. These bones are concaved in front, and present a dimple immediately in advance of either acetabulum on this aspect. About their anterior thirds they grasp the common neural spine of the sacrum between them, thus creating closed ilio-neural canals. Posterior to the acetabulae, these bones present convex surfaces, being drawn out behind into prominent processes that curve inwards towards each other and the median plane (see Figs. i6 and 17). They develop outstanding ledges that overhang, on either side, the anterior half of the ischiadic foramen. The sacrum does not unite with the post-acetabular part of the ilia, a very marked interspace existing between them. A double row of elliptical foramina standing among the fused lateral processes further characterize this compound bone. Upon a lateral view, the long and pointed ischium is presented to us. Posteriorly it reaches nearly as far backwards as the post-pubic style (see Fig. 17), the latter being in contact with it near its termina- tion. The pubic style does not quite close in the obturator foramen Shufeldt : Osteology of the Limicol^. 51 in any of the Curlews. Above the latter we find the ischiadic foramen, which in Numenius is very large and elliptical in outline. The lower part of the posterior border of this pelvis exhibits a triangular notch which marks the original division between the ilium and the ischium, and this latter bone from being so long and narrow, is deserving of especial notice. There appear to be fourteen vertebne fused together in the pehic sacrum of a Curlew, and the two anterior ones throw out diapophyses to the ilia, and bear the facets for the pelvic ribs. In the third ver- tebra of this series, these processes are extended almost directly up- wards, while in the fourth and fifth, again, they are horizontal, as in the first and second. From the points where the diapophyses of the fifth meet the ilia, these latter bones sweep outwards, and are fashioned to form the anterior part of the "basin of the pelvis." The tenth sacral vertebra throws out a strong pair of transverse ])rocesses that 62 Annals of the Carnegie Museum. have widely dilated extremities which articulate with iacets especially designed for them on either ilium just posterior to the acetabulum, one on either side. Foramina for the exit of the sacral nerves are double, one being placed aboi'e the other, the increase of caliber in the neural canal of the corresponding dilatation of the cord taking place in the sacral ver- tebrae from the fourth to the ninth inclusive. Although more delicately constructed, the pelvis in N. borealis agrees substantially in all particulars with the bone I have just been describ- ing for its more powerful congener, the Sickle-bill. There are ten coccygeal vertebra in N. longirostris, which count includes the triangular and rather large pygostyle. In Gallinago delicata the pelvis is inclined to be long and narrow, and its ischia behind deep and drooping. In front, the ilia meet the sacral crista for a limited distance, on the ridge anteriorly. At the side, the obturator sjiace is quite obliterated, and the obturator foramen of very small size, indeed. Broad and triangular processes, one on either hand, project backwards over the ilio-ischiac notches posteriorly. There are two vertebrae, that throw out apophysial braces opposite the acetabulfe within the pelvic basin. Including the rather small pygostyle there are eleven verlebrje in (he skeleton of the tail in this Snipe. There appear to be but ten in a specimen of the American Woodcock (/*. minor) ^ and the pelvis of this bird much resembles that bone in Gallinago, though we note that the ilia by no means meet the sacral crista anteriorly on the dorsal aspect, and the posterior ends of the ischia are not so long or pointed. Sandpipers {Tringn) and (he Phalaropes have their pelves and coccygeal vertebrx much alike. The jjelvic bones in Tiinga maritima are somewhat thin, and the interapophysial foramina of the sacrum d very open or rather large. On the whole the bone is Shufeldt : Osteology of the LiMicoLit. 63 broadish and compressed from above downwards ; the ilio-ischiac notch distinct ; and the ischia very much produced behind, being car- ried along on top of the post-pubis, on either side, as a delicate pointed spine, reaching almost to its end behind. This species has, including the pygostyle, ten coccygeal vertebrae. Other Sandpipers possess pelves much upon the same plan. In Limosaj Totanus, Heteractitis and in the Willets {^Symphemia) the pelvis comes considerably nearer the pattern as we found it above among the Curlews. I am confident that in the Limicolce the number of coccygeal vertebrae is liable to vary even within the genus. They range from seven to eleven, and may or may not be constant, although I think that the number which may fuse with the pelvic sacrum, in any Fig. 1 8. The os furcula of Ntinicnius longirostris ; a three-quarter oblique vievr from the right side ; natural size. species, has not a little to do with it. The count in immature birds would be the most accurate. Of the Shoulder- Girdle (Fig. i8). — We find in Numenius longi- rostris the usual bones allotted to this arch free and articulated in the manner as commonly seen in many of the class. The shape of the os furcula is upon the broad U -variety, and is broader in this Curlew than it is in others of the same genus, and still more so than in the Plovers. Viewing it laterally, we observe also that it is very decidedly curved upon itself, with the convexity directed forwards when in situ. When articulated, the long and pointed clavicular heads rest on either side against the inner aspects of the summits of the coracoids, while the tips extend backwards to meet the usual process furnished by each scapula. This brings the hypocleidium opposite the middle of the anterior border of the sternum, from which it is separated by quite an interspace. 54 Annals of the Carnegie Museum. The clavicles are broader and larger at their superior or coracoidal extremities, being compressed from side to side. Above, the broad surface looks outwards ; but it is gradually changed in direction as we descend to the hypocleidium, so that below it looks forwards (Fig. 1 8). The hypocleidium is of a quadrate form, rather small, and has an extension of its posterior border carried up behind on the line of the median clavicular union. In N. borealis (No. 12,595, Smithsonian Collection) the os furcula possesses all the characters I have described for the Long-billed Cur- lew. As already intimated, however, the arch of the U is not as open, the clavicular heads are not so pointed, and the hypocleidium is nearly round in form, not being so perceptibly carried up on the clavicles at their point of meeting below. Among the Plovers we found that it had the same general characteristics, and it holds the same relative position when articulated to the other bones of the shoulder-girdle. Fk;. 19. Direct anterior aspect of the left coracoid and scapula of Kumenius longirostris ; natural size, j, scapula ; r, coracoid. For the size of the bird, the furcula is large in G alii n ago, as it is in the Woodcock, but the general pattern remains the same as for the Curlews. Indeed it varies but little in form for the Limicoice generally. In the Sandpipers, as a rule, the hypocleidium is more posteriorly situated, and in Actitis this process almost comes in contact with the anterior edge of the keel of the sternum, when the bones are in situ. In some genera the hypocleidium is very small, as in Litnosa ; in others, as in the European Woodcock (6*. rusticoia), the bone is large but its limbs are slender. The hypocleidium is also small and a dis- tinct jutting facet is thrown out on the external aspects of the free clavicular ends above, for articulation with the fore part of the head of either coracoid. This is a Plover-character, and more remotely indi- Shufeldt: Osteology of the Limicol^e. 55 cates larine affinities, and relationships with birds belonging to more lowly groups, wherein this character is far more pronounced and at the same time a very common one. In the Ruff, and some other forms, the U is not so spreading, and the clavicular limbs in front of the cora- coidal articulations are considerably compressed in the transverse di- rection. And these latter, in this situation, are upon their outer aspects longitudinally concaved in Gallina^^o delicata and in Totanus flavipes. Some Sandpipers also exhibit this latter character. Taken as a whole, however, the os fur at la varies but very little in its general form among the typical limicoline birds. The co7'acoid of Numenius longirostris is comparatively a short, thick-set bone, as scarcely any true shaft exists between its humeral Fig. 20. Left scapula and coracoid of Numenius lottgirostris ; natural size. and sternal extremities. Such as it is, however, is transversely ellip- tical on section, the section being made just below the inner process at the head of the bone. The sternal extremity is broad from side to side, in which direction it is also convex anteriorly and concave behind. Below, the sternal margin is divided into two deep concavities ; the inner and broader one is completely occupied by the articular facet for the sternum. The outer is sharp and free, having attached to its upper horn a pointed and up-tilted little spine, that 1 will call the costal spine of the coracoid, it being opposite the costal border of the sternum. On the outer aspect of the bone we find the usual elliptical facet that here forms about the two thirds of the glenoid cavity (Figs. 19 and 20). The summit of the bone consists of a massive hooked process, directed forwards and inwards. Above and behind, it is impressed by a shallow concavity, while its inner surface is devoted to an elongated facet for head of clavicle. Below this on the inner side, we fmd another lamelli- form process, curving inwards, upwards, arid forwards, that at its tij) also 56 Annals of the Carnegie Museum. comes in contact with the clavicle when the bones are in situ. The posterior margin of this latter process is given up wholly to the scapula, which in life abuts against its entire length, as well as the shaft behind as far as the glenoid cavity. In Numenius borealis the coracoid is a mere miniature of the bone I have just described for the Sickle-bill. Its costal process is, how- ever, much less strongly marked, and would hardly attract special notice. The coracoids, as well as the other bones of the shoulder- girdle, are non-pneumatic in the genus Numenius^ and I believe gen- erally so among the Limico/ce. When articulated, the coracoids lean well forward as they spring from their sternal beds in the Curlews, while the scapulae make angles with them of about 90°. They do not quite meet in the median line in any of the species, but are seperated at this point by a thin com- pressed surface on top of the manubHum. The anterior extremity of the scapula in N. longirostris is decurved, broad, and compressed from above downwards. The blade of the bone, which is comparatively long, becomes thinner and slightly wider posteriorly, to be very obliquely truncate at the inner side of its posterior third. The angles thus formed are well rounded off, resulting in the production of a very ordinary form of this bone (Fig. 20). N. borealis has the hinder moiety of the scapula broader, more blade-like, the truncation more decided, and its posterior apex in the articulated skeleton overhanging the anterior margin of the ilium. In other limicoline birds the coracoids and scapulae have always much the same general appearance that those bones have in the Cur- lews. In the European Woodcock the coracoids are relatively longer than in Numenius, and they are inclined to be compressed in the an- tero-posterior direction. The costal process of one of them is con- spicuous, and the summit of the head of the bone is marked by an oval pit. This last character is also seen in Aphriza, Tringa, and in the coracoids of many other shore birds. Everything else being equal, the coracoids in Gallinago are shorter and more slender than they are in the Woodcocks. Comparatively speaking they be- come still shorter among the Sandpipers. The scapulae agree pretty well all round, varying only with the size of the species, and occa- sionally in the pattern of its posterior third, where the style of acumi- nation is apt to vary. Shufeldt : Osteology of the Limicol.«. 67 In the Avocet and in the Oyster-catchers when the shoulder-girdle is in situ, the coracoids touch each other in the median plane over the manubrial process of the sternum. The Willets {Symphemia) y Totanus flavipes and Bartramia longi- cauda all have the costal process of the coracoid quite prominently developed; \xi Limosa uropygialis {%vci\\)ci^oxi\dJCi Collection, No. 12,590) it is broad and quadrilateral in outline and but slightly curved upwards. Of the Sternum (see various figures). — This bone is greatly de- veloped in all the limicoline birds, and in L. longirostris it is unusally so, when we come to take into consideration the size of the species to which it belongs. The manubrium is for the most part a thin com- pressed median plate, with sharp edge below and thickened border above. At its base superiorly, it is contracted again to an edge, that just keeps the coracoids apart in the articulated skeleton. The cora- coidal grooves lie in the horizontal plane ; they are broad from above downwards, convex at their middles, and concave at their inner and outer limits. Anteriorly, the margin of the keel is very sharp, being carried clear up to the base of the manubrial process. It appears above, however, merely as a line on the front of that column of bone that descends in this situation, to be gradually lost as its expands on either side of the keel below within this anterior margin. The cari- nal angle in N. longirostris is rounded in front, being partly covered by the raised rim that bounds the entire length of the keel below. This latter part of the sternum is exceedingly deep, being carried backwards to the very end of the sternal body by a graceful curve (Fig. 15). Upon the costal border we observe six transverse facets for articu- lation with the haemapophyses. They are limited beyond by a low quadrate costal process — a feebly-pronounced feature in the sternum of our Curlew. So high do the sides of the sternal body itself arise that it reminds one very much of a very deep spoon with slender processes projecting from its free border in front, corresponding to the hinder border of the sternum. These processes are four in number, two on either side, making this sternum a four-notched one. Their shape and arrangement can best be seen by referring to my drawing in Fig. 14. On the superior aspect of the sternum, in the median line, and just within the anterior boundary, we find a deep pit with rounded margins. At its base, there seems to be a few minute, pneu- matic perforations. The usual muscular lines are found to be strongly 58 Annals of the Carnegie Museum. marked on the sternal body and keel in this Curlew, being carried back, in each case, nearly to its xiphoidal extremity. The chief differences presented to us in the sternum of N, borealis are a greater width of the raid-process posteriorly, and a very decided protrusion forwards of the carinal angle anteriorly. In all other respects the sternum of the Eskimo Curlew seems to be the very minia- ture of the bone I have just described for the Sickle-bill Curlew. Passing next to the sternum as we find it in Scolopax, Philohela, and Gailinago, it is to be observed that the bone has, in its general form, precisely the same pattern as it has in Numenius. The carinal angle, however, is more prominent and pointed, and the sterna of these birds lack the internal pair of xiphoidal notches. I have one sternum of a specimen of Wilson's Snipe ( Gallinago) though, that on the right hand side has a foramen at the locality where the inner notch occurs in other Limicolce. Most Sandpipers have a sternum like what we found in the Curlews, but the posterior xiphodal border, as indicated by the ends of the xiphoidal processes, lays more in a transverse line, riot being nearly as much rounded as it is in Numeriins. Limosa has the inner pair of notches very small, and they are absent again in such genera as Pavoncella and Rhyacophilus. Avocets have all four of the notches, and in them they are about of equal depth, while in Totanus they agree with Limosa. Bartrainia longicauda shows a small pair of inner notches in its sternum, with very deep outer ones. Gallinago has the manubrium very small, and in the sternum of that species the pectoral muscular lines on the sides of the carina are raised and rounded welts. This last character is wanting in Woodcocks, and in them the manubrium is larger. I believe in all the unmentioned species the sternum is four-notched, and in other respects substantially has the pattern of that bone as it is seen in Numenius. Of the Appendicular Skeleton. — All the bones of both limbs in the Limicol<E are non -pneumatic in character. As a rule, the long bones are straight, and comparatively very long. They are also strong and otherwise perfectly developed — shore-birds being, as we know, good fliers. The OS hufnero-scapulare seems to be absent, its place being taken by ligaments, as in other birds where this ossicle does not appear. The humerus (Fig. 21) of Numenius longirostris has a shaft that is much straighter than is commonly seen among birds, where it is usually formed like a long /'. Its proximal extremity is comparatively widely Shufeldt: Osteology of the Limicol^*:. 69 expanded, which expansion includes the graceful canopy that arches over the unpierced pneumatic fossa. A deep notch divides this from the articular facet or head for the glenoid cavity. The radial crest is well developed and bent outwards almost at a right angle with the vertical plane of the bone, when viewed in a position of rest. Should a section of mid-shaft be made, the figure would be very nearly circular ; it becomes triedral proximally and roughly elliptical towards the distal end. In this latter region, above the external condyle, an ^^ epicondylar " process is developed; and this process is developed in a greater or less degree in all shore - Fk;. 21. Right humerus of Xumenius lon^rirostrisy anconal aspect ; natural size. birds. Its apex is intended for muscular attachment. There is a well- marked fossa just proximad to the distal articular tubercles of the humerus. Viewed from above, the shaft of the ubui is seen to have a long, gentle curve, extending from one end of the bone to the other, being the greatest near its proximal extremity. The papillae for the quill -butts along the shaft are quite distinct in this bird, and still more so in the Oyster-catcher, where they present the unusual condition of being narrow and oblong in shape, and placed, as it were, obliquely on the shaft. 'I'o the inside of these a secondary row is seen, running down the shaft longitudinally. These little pro- tuberances are scarcely percei)tible in the Phalaropes or in Tringa. The radius of N. longirostris does not exhibit so much of a curve in its shaft as its comi)anion in the antibrachium, though it is gently bent throughout its length. A concavity is scooped out of its shaft near the head, over which tendons pass in life. The carpus contains the two free bones ordinarily found there in adult biids, articulating after the usual manner. All of the Limicohe, so far as I have examined them, are endowed with a remarkably long hand. If we allow the bones of the carpus to be added to it, its length in the Sickle-bill is fully ecjual to that of the 60 Annals of the Carnegie Museum. ulna. Each bone lends its proportional share to produce this result. The shaft of the second metacarpal is, for the most part, cylindrical in form, while its*anchylosed companion is of very slender proportions. I find in Numenius and HcBtnatopus a delicate, curved and free claw- joint, suspended from the distal end (Fig. 22, x). There is an ample expanded portion springing from the posterior Fk;. 22. Palmar aspect of right nianus of Numenitis /on^i^irosfris, showing also distal extremities of radius and ulna, natural size, r, radius ; //, ulna ; j, radiale ; Cj ulnare ; /, f)ollex ; jf, claw on pollex ; /'', index metacarpal of carpo-metacarpus ; ;'^, its first or proximal phalanx ; i^^\ its distal phalanx ; /;/'', medius metacarpal of carjMj-metacarpus ; ///'''', its digit. aspect of the first digit of second metacarpal. It is produced down- wards as a flattened and peg-like process, not commonly seen. This phalanx .supports below one more long and slender joint. The smaller digit of the third metacarpal has a .shape not unlike a compressed claw, as it hooks over the expanded portion of the finger at its side. The Pelvic Limb. — After the process of maceration and drying. Shufeldt : Osteology of the LimicolvE, 61 the femur of this Curlew has all the appearance of a pneumatic bone, but careful search fails to discover the orifices at their accustomed sites, though a few very minute openings are to be seen on the opposite side of the bone, below the facet. This, I must believe, would be an unusual locality for such foramina. The femoral shaft in Numenius is straight, smooth and cylindrical, with all muscular lines nearly obso- lete. A rough surface is found on the back of the trochanterian prominence, and this portion rears well above the facet at the summit. The pit for ligamentum teres is very shallow, and rather irregular in outline. Several of the characteristic features of the distal extremity of the bone are more keenly defined than those just described for the proximal end. The intercondyloid notch is deeply excavated ; the anterior border of the external condyle is a sharp crest, while the cor- responding surface on the internal one is evenly rounded. Upon the reverse aspect we find the popliteal depression well sunken, and the notch for the head of fibula cleanly cut out. A tubercle and pit exist on its outer and condyloid side for ligamentous attachment. The length of the tibio- tarsus in 'this Curlew is double that of the femur, and the shaft of the bone has a general convexity inclined out- wards. Sections taken through its middle third are subellipses, and the expanded extremities are rather abruptly attached, more particularly the proximal one. There the pro- and ectocnemial processes rise squarely from the shaft, showing but little of that tendency to merge gradually into it below. The ectocnemial process is shaped like a claw, with its joint inclined downwards. Its fellow is much larger, lamelliform, slightly turned outwards, cjuadri lateral in figure, with the angles rounded off. They are produced upwards as a rotular i)rocess to a very slight extent. The fibular ridge stands out from the shaft on its outer aspect as a prominent and rather extended crest of bone. At the distal extremity we find the inner condyle to be smaller than the opposite or outer one, as well as proportionately narrower from above downwards. In the groove between them anteriorly, the tendi- nal ridge is ossified, the span being thrown directly across, and not obliquely, as it is in some birds. Prominent tubercles exist on either side, immediately above it, for ligamentous attachment, and an addi- tional bridge is formed of this material above this point. '\\i<it fibula is compressed from side to side above, and club-shaped. After articu- lating with the ridge designed for it on the tibio-tarsus, it merges into the shaft of that bone a little over half-way down, measuring from the proximal extremity. 62 Annals of the Carnegie Museum. Himantopus, with its pelvic limb of twenty-nine centimeters in length, has a fibula that descends but one fourth the distance down the tibial shaft. The patella in Ntimenius is, comparatively, very small, and of an odd, irregular shape. Oyster-catchers have this sesamoid only repre- tm,' hp tnv .1 tm,' Fig. 23. Parts of Right Pelvic Limb of Numenujs Longirostris, Natural size, /w, anterior view of the larso-metatarsus ; /m\ a view of the surface of its prox- imal extremity at right angles to the shaft ; ///, the hypotarsus ; /w^'', a view of the surfaces of the distal extremity of tarso-metatarsus at right angles to the shaft, showing the trochleic for the poclal digits ; 7", upper extremity of the tibia ; 7"'', view of its proximal surface at right angles to the shatt ; J"] anterior aspect of the femur. sented in a diminutive cartilaginous nodule, and it is absent in other shore-birds. It is small in Avocets and Willets. The taj'so-ffietatarsus of Numcnius is but a little over a centimeter shorter than its tibio-tarsus. Upon the superior surface of its proxi- mal extremity the articular facets for the tibial condyles are deeply ShUFELDT: OSTEfH.IX;V OV THK l.I] impressed, and a prominent tubercle arises between them on the ante- rior rim (Fig. 23, /m). Behind, the hypotarsus is bulky, being both grooved and pierced for the passage of the tendons. I'he shaft of this Fic, 14. Skull or HieniQtopus tiaiimaui, left lalenil virw ; natuml size. Fig. 35, Mandible of HirmaiopHS batlimam, viewed frum above ; natural si/e. Fig. 26. Skull uf Hn-maloput barkmam, superior aspect ; natural size ; mandible removed. Fig. 27, Skull of /fumolopm ki.kiHani. basal vie* ; maiiriibk- rriii.ivfd ; iiolural Frcs. 24. 25, 26 and 2; .irrr all dra-n lij- (ht author from Ihf »Velelon of Ihe same individual (No. IJ,636i.nhe Sniilh5.mian (■.lileLlion). 64 Annals of the Carnegie Museum. bone is concave longitudinally for its entire length on the anterior as- pect, and less so upon the posterior. The trochlear prolongations at the distal end are large, and the extremity much expanded, a feature still better marked in the swift-footed Oyster-catchers. When describ- ing the skeleton in the Plovers I spoke of the fact of a number of the limicoline birds lacking the hind toes. This is the case with Himan- topus and others. With respect to the Curlews, in number, the pha- langes of the podal digits are arranged upon the common plan of the avian foot, and in no way offer us anything beyond the ornithic char- acteristics that pertain to the skeletal foot of a typical wader. Now the writer has made many comparisons of the wing and leg bones of the LimicolcB, and has failed to find any very decided departures from what has been given above for the Curlews. Practically, the characters are the same throughout the suborder. Even those birds that show the more marked differences in other directions, as the Woodcocks and Gallinago^ have the skeleton of the limbs typically limicoline. This does not apply to the comparative and relative lengths and calibers of bones, for such may differ, and probably do, among the various species and genera of shore-birds. Nor does the absence or presence of the claw on the pollex phalanx seem to go for much, for although entirely wanting in some forms, it is most rudi- mentary in others, while as we have seen, in Numenius it is a true claw, piercing the integuments and covered with a horny sheath. Such a claw never occurs, I believe, on the distal phalanx of index digit in any of the LimicolcE. In so far as the osteology of the AphrizidcB is concerned I have already given a full account of the skeleton of the Surf Bird in a paper entitled, ** On the Affinities of Aphriza virgata,'" which appeared in The Journal of Morphology for November, 1888 (Vol. II., No. 2), and to it the reader is referred for such limicoline characters that are desir- able to be taken into consideration with what is set forth in the present memoir. There are some few corrections the writer would like to make in the aforesaid paper, but they are not of sufficient importance to justify its republication as a whole. There is, however, one point I should like to invite attention to, and that is what I say in that paper in regard to the unreliability of the so-called notches in the sterna of some genera of birds. As a character it attracted the attention of Pro- fessor Alfred Newton, F.R.S., and he wrote me from Cambridge, Eng- land, under date of December 14, 1889, ^^^ ^*^^^ ^^ connection with Shufeldt: Osteology of the LrMicoL^E. 65 two sterna of the European Woodcock he kindly submitted me for examination, ** but I send two to show how variable is the form of the posterior notches in this species ; I have always maintained that char- acters drawn from this part of the sternum are comparatively of little value, and especially in the Limicolce. ' ' I now pass to a brief consideration of the osteology of the Jacanas. Notes on the Skeleton in the Jacanas {^The Jacanidce), Jacanas are birds which have been considered by some as belonging to the family RallidcB and by others placed in the present group. Their position here however, I think has now been most definitely settled, chiefly through the anatomical investigations upon numerous species of them, undertaken by Garrod and by Forbes. The former writer in his celebrated paper, ** On the Value in Classification of a Peculiarity in the Anterior Margin of the Nasal Bones in certain Birds * ' has said that * * Parra should be removed to the Charadriomorphae, * * and the last-named talented anatomist in his excellent paper on ** Notes on the Anatomy and Systematic Position of the Jacanas {Farrida).'' has very conclusively settled their taxonomic position for all time. I will use this paper of Forbes c[uite extensively here for what there is to be said about their osteology. He examined specimens of Parra jacana and gyrnnostomay Metopidius indicus, africanus and albinuchay and Hydrophasianus chiriirgusy and the present writer has closely studied a mounted skeleton of P, gy?nnostoma, Garrod figured the skull of Hydralector cristata (P. Z. S., 1873, P- 34> ^^S- 5)> ^^^ Forbes the skull of P, jacana (Coll. Sci., Memoirs, p. 224, Fig. i). In speaking of them as a family Forbes said in his paper : ** There are well-developed basipterygoid processes, which are always absent in the Rails, though of very frequent occurrence amongst the * Pluviales, * occurring in all the Charadriinae and Scolopacinae I have examined. In Parra jacana and Metopidius albinucha^ the long, narrow, slightly decurved vomer is emarginate apically, as in certain Charadriidae. In the Rallidce it is, I believe, always sharp at the point.*' **The maxillo-palatine processes are rather slender and directed backwards ; they have the form of concavo-convex lamellae, are not at all swollen, and do not unite by some way in the middle line, the vomer appearing between and (when the skull is viewed from the palatal aspect) below them." 1 Garrod, A. H., P. Z. S., Ix)nd., 1873, pp. 33-38. See page 37. J Forbes, W. A., P. Z. S., Ix)nd., 1881, pp. 639-647. 66 Annals of the Carnegie Museum. ** There is no ossified internasal septum, nor any ossification of the narial cartilages. The lacrymal is small, anchylosed with the naso- frontal region of the skull above, and with the * pars plana * below. ' * <* On the posterior aspect of the skull there are no traces of the occipital fontanelles, which are found in so many birds related to the Plovers. ' ' **The supraorbital impressions for the nasal glands, which are so conspicuous in most Plovers, the Gulls, Auks and many other birds, are absent in the Parridae.'* Forbes showed by a drawing how unlike the sternum of Metopidius albinucha was the bone as it is found in the RallidcBy and added : "In the latter group the sternum is always peculiar in tfiat the xiphoid pro- cesses exceed in length the body of the sternum, which tapers to a point posteriorly, and from which they are separated by very long and well-marked triangular notches. The carina sterni also is less well developed, and the clavicles are weaker and straighter, being less convex forwards than in the Parridae. The sternum and clavicles of Parra and Metopidius in general form, on the other hand, resemble closely the type found in some of the Pluvialine birds (<f. g.^ Thino- coruSy Attagis) . ' * ** The pelvis, again, of the Rails presents certain well-marked pecu- liarities. If that of Ralliis aquaticus be taken as a typical form, it will be found that the ilia are long and narrow, and but little expanded in their preacetabular part. The postacetabular portion of the pelvis is but little bent down on the preacetabular part ; and the ischia and pubes are but little everted. The ischia are united by broad bony plates to about the three most posterior * * sacral ' ' vertebrae ; between these plates and the expanded part of the ilia above are well-developed and deep fossae, occupied, in the fresh state, by the posterior portion of the kidneys. Viewed from above, the well-marked ** postacetabu- lar ' ' ridge, which divides off the dorsal from the lateral aspect of the pelvis, running from just behind the an ti trochanteric eminence to the posterior spine of the ilium, presents, a little behind those two points, a strongly projecting process. The greatest breadth of the postace- tabular part of the pelvis is therefore here, and not at the more an- teriorly situated prominence, close to the antitrochanter. Viewed from the side, this ridge forms a sort of overlapping roof to the slightly excavated external pelvic fossa. The genera Ocydromns, Aramides, Fulica and Porphyria do not essentially depart from this type." ** In Shufeldt : Osteology of the Limicol^e. 67 Parra and Meiopidius the ilia are wider and more expanded anteriorly. The postacetabular ridge has hardly any median projection ; and the pelvis is widest, dorsajly, just behind the anti trochanters. The plates of bone between the ischia and sacrum are narrower, and the posterior part of the renal fossae less well developed, and more open in conse- quence. In all these points these forms thus approach the Limicoline birds.*' After showing the peculiarly expanded radius present in some of the genera of the Parridce, and illustrating it by a drawing of the \i\xig- hovit,^ oi Afetopidius albinucha (Coll. Sci. Mem., pp. 227, 228, Fig. 3), he adds: **In Parra jacana and P. gymnosto?na the radius pre- sents the ordinary form ; and the same is the case in Hydrophasianus chirurm^us. . .* . The * claw ' or * spur * of the wing of the Jacanas has, it may be observed, no relation whatever to the * claw ' or nail of the pollex, which is also present, though small, in all the three genera I have examined. The * spur,' in Parra jacana at least, con- sists of an external, translucent, yellow epidermic layer, which invests a central core of compact fibrous tissue, this in turn being supported by a bony projection developed at the radial side of the first meta- carpal." ** As regards the position of the Parridae in the group Pluviales, it appears to me that they form a well-marked family, with no very obvi- ous relationships to any of the other families of that group, approaching, however, perhaps most nearly to the (^haradriidae, from which they are easily distinguishable by the absence of supraorbital glands and occipital foramina, by their enormously elongated toes, by the number of rectrices, and other points. A brief definition of the Parridae may be given as follows : ' ' ** Charadriiform birds, with ten rectrices, short caeca, and a tufted oil-gland ; with the ambiens, accessory femoro-caudal, and accessory semitendinosus muscles developed, and with the obturator intemus triangular ; with a two-notched sternum, and with the digits, includ- ing the hallux, greatly developed ; with the skull provided with basi- pterygoid processes, but lacking occipital foramina and supraorbital gland-depressions. ' ' I am inclined to depart somewhat from this finding of Forbes, and although I believe that the Jacanas belong among the Limicolae, as we have here placed them, I am inclined to think that their relationship to certain of the Sandpipers is closer than it is with any of the Plovers. 68 Annai^ of the Carnegie Museum. In the first place they are more strictly aquatic than are most of the Plovers, and many of the latter have but three toes (the anterior ones). The Jacanas have a two-notched sternum, so has Rhyacophilus solita- rius and Actitis macularia and probably other Tringce, In all the typi- cal Plovers, I believe, the sternum is four-notched. Jacanas have a habit occasionally, when standing, of stretching the wings upwards to their full extent above the back, so that they nearly or quite touch each other. Rhyacophilus and other Sandpipers have the same peculiar habit, and it is not practiced by the Plovers. The skull of a Jacana is quite as much tringine as it is pluvialine, as is also its pectoral arch, and some other bones of its skeleton. In the specimen I examined (^Jacana gymnostoma) I found the postero-external angles of the palatines rounded ; and the vomer anchylosed with those bones. The basipterygoid processes were pres- ent. The vomer long, slender and rounded anteriorly. Two vacui- ties occupied the interorbital septum. Maxillo-palatines were small, elongated, not swollen, and nearly hidden by the praepalatines. De- scending process of lacrymal fused with pars plana, and the bone anchylosed with the frontal and nasal above. Schizorhinal in type, it likewise possessed twenty-one vertebrae between the skull and pelvis (Rails, as a rule, have twenty-two). Morphologically, both sternum and pelvis are tringo-ralline, with the os furcula tringine in type. As to the ribs, I found five haemapophyses that reached the sternum, and one pair that did not do so. There are two pairs of cervical ribs which articulated with their vertebrae. A patella is present which sesamoid is absent in true Rallidce, Synopsis of the Principal Osteological Characters of THE LiMICOLvE. 1. Excepting certain parts of the skull, the entire skeleton is non- pneumatic. 2. Bones of the facial region (premaxilla) may be shortened (pluvialine types) or lengthened (scolopacine types) ; and in certain of the latter it may be either recurved or deflected to one side. 3. The sphenoidal rostrum is elongated and slender, and the mesethmoid projects forward beneath the premaxilla. 4. All the forms are of the schizognathous type, as well as schizo- rhinal. 5. The vomer may be small and spiculiform {Fhilohela)y or long Shufeldt : Osteology of the Limicol^e. 69 and lamelliform. It may be pointed anteriorly, or bifurcated ( Avocets and HcBmatopus) or rounded, as in some of the Jacanidce. 6. The maxillo-palatines are usually plate-like, concavo-convex scrolls, often nearly absorbed by perforating foramina. In HcBmatopus they are flat and thicker, and fuse with the palatines. 7. Basi -pterygoid processes are always present and functional. 8. The interorbital septum always shows a central perforation of greater or less size. This is least noticeable in Macrorhamphus . 9. The angle of the mandible may be either a sharp, recurved process or it may be lamelliform as in Hmmatopus, It may have its articular ends bent downwards as in the Woodcocks and Gallinago, 10. The sternum may have two pairs of xiphoidal notches (Plovers and others), or a single pair {Acfifisy RhyacophibiSy Jacanas, Wood- cocks and Gallinago), Its manubrium is never large, and the keel is deep. Os furcula is of the U-shaped pattern, and its hypocleidium small or nearly aborted. 11. Hallux usually much reduced in size, except in Jacanidce, or may be entirely absent. 12. The phalanges of the anterior toes diminish in length from the basal to the penultimate. On the Affinities of the Limicol^e. Regarding this suborder as a whole, and selecting any genus of Plovers to represent its center, then by the aid of osteological charac- ters alone, it is not a difficult matter to trace from them, through cer- tain forms, to the Laridce and their kin. On another line, and passing the Sandpipers, Willets, Godwits and Curlews in review, we find them also related to the Ibises and their relatives. Or from the Willets, through the Avocets and Stilts, they seem to lead to Eurypyga, and through such tringine forms as Rhyacophilus and Ac tit is, related as they are to the Jacanidce, they lead to the Rallidce of the suborder FuLiCARi^. Finally, W. Kitchen Parker has shown that through Hceinatopus and Chionis, their affinity with the Tiibinares can be demonstrated. In some respects the Limicolce rank lower than the herodine and ralline types, while in other particulars they are undoubtedly higher. Regarding the forms we have dealt with in the present chapter, and again selecting the Plovers as the center of the group, we find that through Aphriza virgata of the family Aphrizidce they are linked 70 Annals of the Carnegie Museum. most perfectly with the Tringece, as through the Turnstones of the Family ArenaridcB their kinship with the Oyster-catchers of the Family HcBmatopodidoR may easily be traced. Phalaropes are most nearly related to the Sandpipers ; and the Woodcocks and Gallinago in their shoulder-girdles, pelves, and less so in their sterna, show strong ties with larine stock, as in its skull does also Hctmatopus, The line from the Plovers through the Sandpipers — and Micropalama — Macrorhamphus — to the true Snipes and Scolapax rusticola is clearly indicated, and most distinct. And starting from the pluvial ine center again, we once more pass through the Tringea^ Actitisy Rhyacophilus, the Tatlers of the genus Totanus, through Limosa to the Curlews. Some of these relationships cannot be definitely made out until we are in possession of a fuller knowledge of the anatomy in its entirety of many of the types which have been named in this memoir. At the present writing I am engaged upon preparing a provisional scheme of classification of Aves as a Class. In it I place the Chara- DRiiFORMES (IX.) between the Lariformes and the group containing all the ralline types. They are then arranged in the following manner. SUPERSUBORDER. Suborder. Limicolse. X. Charadriiformes. ' Cursorre. SUPERFAMILY. Jacanoidea. Otidoidea. Family. Charadriidae. Arenariidae. Hsematopodidae. Aphrizidae. Scolopacidae. Phalaropodidae. Recurvirostridas. Jacanidse. Thinocoridae. DromadidjE. Glareolidae. Cursoriidae. r QLdicnemidae. \ Otididae. Explanation of Plate. Right lateral view of the skeleton of Jacana gymnostoma. Collection of the United States National Museum, No. 17,317. Nearly natural size. IV. MINUTE BOOK OF THE VIRGINIA COURT HELD FOR YOHOGANIA COUNTY, FIRST AT AUGUSTA TOWN (NOW WASHINGTON, PA.), AND AFTER- WARDS ON THE ANDREW HEATH FARM NEAR WEST ELIZABETH ; 1 776-1 780. Edited by Boyd Crumrine, of Washington, Pa. Introductory. The minutes of this court, as well as those of the old Fort Dunmore court printed with an introductory sketch in Vol. I., pp. 505-568 of these AnnalSy are preserved in several old manuscript volumes of unruled paper, legal-cap size. The entries in these order books were evidently written hastily by the official clerks during the sessions of the court, accounting for the misspelling of many proper names and other words, and for frequent illegibility. They may have been intended to be copied out at length in the more formal records of the court proceedings ; but it is possible that, as the courts themselves as well as the Virginia territorial jurisdictions ceased to exist after the final running of the southern and western boundary lines, no other and more regular transcript of the orders was ever made, and that the records now published are the only ones in existence containing the judicial business of these ancient courts. These records are accurately copied, when at all legible, as spelled and capitalized in the original ; even the punctuation is unchanged except now and then when thought to be absolutely necessary for in- telligibility. For it is believed that when the details of local history are given, for the subsequent use of the general historian, this literal- ness of transcription gives color and strength to local incidents. So when one meets in old records with the name James Swolevan, he is interested in determining that the name must have been that of plain James Sullivan. And shall we say that the name ** Worshington ** was not ' * Washington * ' ? 71 72 Annals of the Carnegie Museuivi. Attention is called to the efforts made, as disclosed in the proceed- ings of the Court of Yohogania County now published, to have the oath of allegiance to the State of Virginia administered to all the in- habitants of the Monongahela and Ohio valleys, within the limits of the actually exercised jurisdiction of Westmoreland County, Pennsyl- vania. ^ Why are the records of these old Virginia courts found in the vaults of the court-house of Washington County, Pennsylvania ? A reply to this question may be made as follows : On March i, 1780, just before the final ratification by Pennsyl- vania and Virginia of the agreement at the Baltimore Conference, on the establishment of the boundary lines between the two states, and whilst all the territory of Washington, Allegheny, Fayette and Greene counties and of that part of Beaver county south of the Ohio River still formed part of Westmoreland County, erected in 1773, the legislature of Pennsylvania, ** first of all the states," says III. Bryant's Hist, of U. S., 177, passed an act for the gradual emancipation of all the slaves within its jurisdiction.^ And on March 21, 1781, Washington County was erected, the first new County out of old Westmoreland. Then on April 13, 1 782, less than two years after the Virginia courts had ceased to be held within the limits of Pennsylvania, and still before the boundary lines had been actually run on the ground, an act was passed by the general assembly of Pennsylvania, entitled ' * An Act to redress certain grievances within the Counties of Westmoreland and Wash- ington."* The preamble to this act recited : ** Whereas a number of the inhabitants of Westmoreland and Wash- ington counties have represented to the General Assembly that they labor under many inconveniences by reason that Before the Boundary was agreed to between the States of Virginia and Pennsylvania, many of the inhabitants aforesaid, conceiving themselves under the jurisdic- tion of Virginia, which exercised judicial authority over them, had taken and subscribed the oath of Allegiance and Fidelity as prescribed by the laws and the usages of the said State, [and] are considered in many respects as not entitled to all the rights of free citizens of this State ; and but for the reason above mentioned they have had no opportunity 'See the Order of Court on August 26, 1777, and 9 Henning's Statutes 281. 2 See Act of March I, 1780, II. Carey & Bioren, 246; I. Dall. L., 838; I Smith's L., 492. ' This act is not found at length in any of the editions of our Pennsylvania laws, but see it noted as obsolete in I. Dall. L. , p. 55' Minutes of Court of Yohogania County. 73 of entering or registering their slaves agreeable to the Act of Assembly of this State for the gradual Abolition of slavery ; and that a number of the records and papers containing the proceedings of the late counties of Yohogania, Monongalia and Ohio are now in the hands of the late Clerks, who are not authorized to give exemplied copies thereof : ' ' Then followed enacting sections providing that all the inhabitants of Westmoreland and Washington counties, whose names should be found in the records thereinafter mentioned, having and producing to the clerks of the General Quarter Sessions of the said counties respec- tively ** certified copies or certificates of their having taken the Oath of Allegiance and Fidelity to the State of Virginia before the said Bound- ary was agreed to, shall be and they are hereby declared to be to all in- tents and purposes free citizens of this state ; " and further providing that all such inhabitants ** who were on the 23rd day of Sept., 1780,* possessed of Negro or Mulatto slaves or servants until the age of thirty one years,'* might register such slaves or servants under said act for the gradual abolition of slavery, ** on or before the ist day of January next ; and the said master or masters, owner or owners of such slaves or servants shall be entitled to his or their services as by the said act is directed, and the said slaves and servants shall be entitled to all benefits and immunities in the said act contained and expressed." Then followed the final section : " A /id be it further enacted by the authority aforesaid ^ that the Clerks of the Orphans' Courts, the Registers of the probates of Wills and granting letters of administration, and the Recorders of Deeds, for the respective counties of Westmoreland and Washington aforesaid, shall be authorized and empowered to call on the late clerks of the said counties of Yohogania, Monongalia and Ohio, for all such papers and records in their custody or possession, which relate to or affect the taking of the oath or affirmation of Allegiance, the probates of wills, granting letters of administration, and the Recording of Deeds or other indentures of Bargain and Sale, of any of the inhabitants of the said counties of Westmoreland and Washington, and when they shall receive all or any part of the said papers and records as aforesaid they shall be lodged within their respective offices and become part of the records of said counties; and the said Clerks are hereby required 1 The day of the final ratification by Pennsylvania of the final agreement for the boundary lines ; VIII. Penna. Archives, 570. 74 Annals of the Carnegie Museum. and enjoined on demand as aforesaid to deliver up intire and indefaced all such papers and records as aforesaid, and in case they or either of them shall refuse or neglect to deliver up the papers and records in manner and form aforesaid, they or either of them so neglecting or refusing shall forfeit and pay the sum of five hundred pounds, to be recovered by action of debt in any court of Common Pleas within this Commonwealth, for the use of the same. * * Signed by order of the House, ^^ Fred* k A, Muhlenburg^ Speaker ^ Monongalia and Ohio counties, Virginia, did not become extinct, but were pushed out of Pennsylvania by the boundary lines established, and carried their records with them. The records of the courts at Fort Dunmore and for Yohogania County, thus became a part of the official records of Washington County, Pennsylvania. By reference to the record of the formal organization of the old Fort Dunmore court. Vol. I., p. 525 of these Annals y it is seen that that court was constituted under "His Majesties Writ,** issued by Lord Dunmore, ** for adjorning the County Court of Augusta from the Town of Staunton to Fort Dunmore, and with a new Commission of the Peace," which included George Croghan and fourteen others named after him, all of whom resided in the Monongahela and Ohio valleys, as ** Gentlemen, Justices." The creation of that court was by the will of King George as expressed by his colonial representative, Lord Dunmore. But there came a time when His Majesty's writs by whom- soever issued were inoperative west of the Alleghenies, as well as east of them to the Atlantic; and, as noted briefly on p. 520, Vol. L of these Annals, the legislature of Virginia, now become an independent commonwealth, in October, 1776, passed An Act for ascertaining the boundary between the County of Augusta and 'the District of West Augusta, and for dividing the said District into three district Counties. This act, to be found at length by the reference in the note,* estab- lished the southern boundaries of the District of West Augusta, and proceeded : **And to render the benefits of government and administration of justice more easy and convenient to the people of said District, Be it enacted, &c.. That from and after the 8th day of November next en- • Chapter XLV., 9 Henning's Statutes, 262. See our map of the District of West Augusta, facing p. 518, Vol. I. of these Annals. Minutes of Court of Yohogania County. 75 suing all that part of said District lying within the following lines, to wit : Beginning at the mouth of Cross Creek, thence up the same to the head thereof, thence southeastwardly to the nearest part of the ridge which divides the waters of the Ohio from those of the Mononga- hela, thence along the said ridge to the line which divides the county of Augusta from the said District, thence with the said Boundary to the Ohio, thence up the same to the beginning, shall be one distinct county and be called and known by the name of Ohio County, '* And all that part of the said District lying to the northward of the following lines, viz : Beginning at the mouth of Cross Creek, and running up its several courses to the head thereof, thence southeast- wardly to the nearest part of the aforesaid dividing ridge between the waters of the Monongahela and Ohio, thence along the said ridge to the head of Ten Mile Creek, thence east to the road leading from Cat- fish-Camp to Redstone Old Fort, thence along the said road to the Monongahela River to the said Fort, thence along Dunlap's old road to Braddock's road and with the same to the meridian of the head foun- tain of the Potowmack, shall be one other distinct county and shall be called and known by the name of Yohogania County. ** And all that part of the said District lying to the northward of the county of Augusta, to the westward of the meridian of the head foun- tain of the Potowmack, to the southward of the county of Yohogania, and to the eastward of the county of Ohio shall be one other distinct county, and shall be called and known by the name of the County of Monongalia, ** And for the administration of justice in the said counties of Ohio, Yohogania and Monongalia, after the same shall take place, Be it en- acted, &c.. That after the said 8th day of November, courts shall be constantly held every month by the Justices of the respective Counties, upon the days hereafter specified for each county respectively, that is to say : For the County of Ohio, on the first Monday, for the County of Monongalia on the second Monday, and for the County of Yoho- gania on the fourth Monday in every month, and in such manner as by the laws of this Commonwealth is provided for other Counties, and as shall be by their Commission directed." ' A subsequent section of this Virginia statute provided that the court of Yohogania County should have jurisdiction to hear and determine all actions and suits, both at law and in equity, which should be ' See Crumrine's ** History of Washington County," p. 183 and notes. 76 Annals of the Carnegie Museum. ** depending " before the Court of West Augusta at the time the said jurisdiction should take place. And it was further enacted/ that the landholders of the said counties, respectively, should meet on the 8th day of December next, those of the County of Yohogania '* at the house of Andrew Heath, on the Monongahela ' ' ; those of the County of Monongalia ** at the house of Jonathan Corbin [Cobum] in the said county *' ; and those of the County of Ohio ** at the house of Ezekiel Dewit in the said County," then and there to choose the place of hold- ing courts for their respective counties. Jonathan Cobum lived about ten miles southeast of New Geneva, in what is now Fayette County, and the place chosen for holding the courts of Monongalia County was the plantation of Theophilus Philips, about two miles above New Geneva, on the upper Monongahela, and here the courts of that county were held until the establishment of the boundary line, when, to get them out of Pennsylvania, they were removed to the plantation of Zachwell Morgan, afterwards Morgan- town ; but the early records of this court were lost in the burning of the court-house at Morgantown in 1796. The place chosen by the landholders of Ohio County for the holding of the court for that county was Black* s Cabin, on Short Creek, now West Liberty, West Va., and the first court held there was on January 6, 1777. There these courts continued to be held until 1797, when they were removed to Wheeling. Whether the election required to be held on December 8, 1776, at the house of Andrew Heath (near what is now West Elizabeth, Alle- gheny County, Pa.), to choose a place for holding the court for Yoho- gania County, was held at the time and place appointed is not known ; but, whatever the fact, there is now room for the belief, from a more careful study of the records of that court here produced, that, from its first session on December 23, 1776, until on Augast 25, 1777, when it was ordered **That the court be adjourned to the house now occu- pied by Andrew Heath," the court for Yohogania County continued to be held at Augusta Town, now Washington, Pa., and that it was then removed to its new and last place of holding on the Mononga- hela. We now submit to the student of western Pennsylvania history a full verbatim transcript of the records of the long since extinct court of Yohogania County, to be illustrated hereafter, it is hoped, by a col- lection of explanatory notes, identifying persons and places mentioned. ' 2 Henning's Statutes, 264, 265. ^^'C^^a^ L^:(uj^a^ ■^o^^-t^^gO^ -^ffi^ /^. M h ^^^5^2^^i»^ /^ /r*'' 78 Annals of the Carnegie Museum. Organization ; First Day's Business. (i)^ Yohogania County, Dec. 23, 1776. In consequence of an Act of the General Assembly of Vir- ginia putting off all that part of the District of West Augusta Northward of the following bounds or lines ( viz : ) Beginning at the mouth of Cross Creek, running up the several courses thereof to the head ; Thence South -Easterly to the nearest part of the dividing ridge Between the Ohio and the Monon- gahela Rivers, Thence along the said Dividing Ridge to the head of Ten Mile creek. Thence East to the road leading from Catfish camp to Redstone Old Fort, Thence with the said road to the Monongahela River, Thence across the said River to the said Fort, Thence along Dunlap's old road to Braddock's Road, and with said road to the meridian of Potowmac River, — and a Commission of the Peace and a Commission of Oyer and Terminer, Directed to John Campbell, Edward Ward, Thomas Smallman, Dorsey Pentecost, John Gibson, William Crawford, John Stephenson, John Cannon, George Vallanding- ham. William Goe, John Neaville, Isaac Cox, John McDowell, Richard Yeates, John McDaniel, George McCormick, Philip Ross, Benjamin KirKindall, William Harrison, Samuel Newell, Thomas Brown, Thomas Freeman, John De Compt, Joshua Wright, Oliver Miller, Benjamin Frye, Matthew Richie, An- drew Swearingen, Jacob Haymaker, Benjamin Harrison, and Zachariah Connell ; Also a Dedimus Potestatum, directed to William Goe, John Neaville and Isaac Cox, or any two of them, to administer the oath prescribed by law to John Camp- bell, Edward Ward, Thomas Smallman, Dorsey Pentecost, John Gibson, John Cannon and George Vallandingham, or any two of them, and they to administer the aforesaid oath to the aforesaid Justices. Whereupon the aforesaid William Goe and Isaac Cox ad- ministered the aforesaid oath to the aforesaid Dorsey Pente- cost, who thereupon did administer the aforesaid oath to the aforesaid Richard Yeates, George McCormick, Benjamin Kir- Kindall, Samuel Newell, William Goe, Isaac Cox, Thomas Freeman, Joshua Wright, Oliver Miller, Benjamin Frye, Mat- thew Richie, Andrew Swearingen and John Cannon, as Justices of the Peace. ' The mar^nal figures in ( ) represent the original paging of these records. Minutes of Court of Yohogania County. 79 The court then proceeded to the election of their clerk, (2) whereupon the said Dorsey Pentecost Esquire was unanimously chosen and appointed their Clerk, and ordered to take charge of their rolls. Dorsey Pentecost took the oath Prescribed by Law as Clerk of this court. The court demanded the Records and Papers from John Madison, Junior, Deputy Clerk of East Augusta, in whose cus- tody they are. Which he Peremptorily refused. Notwithstanding he confessed he had seen an Act of assembly directing him so to do. Edward Ward, gentleman, came into court and prayed that the court would receive his reasons for refusing to act as Sheriff of this county, which was granted and were as follows : — That he cannot think of acting as Sheriff, or appointing any under Sheriffs, until the line Between the States of Virginia and Pennsylvania are fixed or limited, for on the North Eastern Bounds of this County There is still a Door open for dispute and Contintion, which has been heretofore the cause of Dis- turbing the Peace of the People Settled and claiming alter- nately The Jurisdiction of each Government, and before he can think of acting or any Person under him, he proposes pray- ing the General Assembly to have a Temporary line fixed be- tween them, or the limits of Pennsylvania run, or the Govern- ment of Virginia Peremptorily running the same, until which is done he cannot think of acting in any state or Government to Infringe on the reserved rights of his fellow subjects ; he further assures that when Government has this done, he is ready to act with Cheerfulness, and if this Cannot be done he begs that the Court will Recommend some other gentleman to his Excellency to serve as sheriff, — and hopes the Court will acquiesce in Promoting the having the above bounds ascer- tained ; and further offers to qualify into the Commission of the Peace. The Court is of opinion that the said Edward Ward, gentle- man, may be Permitted to Qualify into the Commission of the Peace, they being of opinion that he is no sheriff untill he (3) enters into Bond before this Court, and comply with the Tin- ner of his Commission as Sheriff; Whereupon the said Edward 80 Annals of the Carnegie Museum. Ward came into Court and took the oath of a Justice of the Peace. The Court is of opinion that Joshua Wright Gentleman is a proper person to be recommended to his Excellency the Gover- nor to serve as Sheriff, the whole of the above gentlemen named in the Commission of the Peace who are qualified refus- ing to act in said office on account of the great difficulty they apprehend will attend the execution of said office until such time as a line is fixed Between this Commonwealth and the state of Pennsylvania. Brice Virgin is appointed Constable to serve the Insuing year and that he be Summoned before Richard Yeates Gentle- man to be qualified into said office. Richard Elson is appointed constable to serve the Insuing year, and that he be summoned before Isaac Cox, Gentleman, to Qualify into said office. William Lankford is appointed Constable to serve the Ensu- ing year and that he be summoned before Matthew Richie Gentleman to be Qualified into said office, as also John Alexander is appointed Constable to serve the Ensuing year, and that he be summoned befoje Matthew Richie Gentle- man to Qualify into said office. Samuel Clerk is appointed Constable to serve the Ensuing year, and that he be summoned before William Goe, Gentle- man to Qualify in said office. Samuel Griffith is appointed Constable to serve the Ensuing year, and that he be summoned before William Goe Gentleman to qualify into said office. Isaac Sparks is appointed Constable to serve the Ensuing year, and that he be summoned before Thomas Freeman, Gentleman to Qualify into said office. Also John Brown, James Buorass, Matthew Hays, Bradley is appointed Constables to serve the Ensuing year, and that they be summoned before Edward Ward, Gentleman to Qualify into said office. William Gaston is appointed Constable to serve the Ensuing (4) year, and that he be summoned before Andrew Swearingen, Gentleman to Qualify into said office. Wm Hays is appointed Constable to serve the Ensuing year Minutes of Court of Yohogania County. 81 and that he be Summoned before John Cannon, Gentleman to be Qualified into said office. John Johnston is appointed Constable to serve the Ensuing year, and that he be summoned before Joshua Wright Gentle- man to Qualify into said Office. Josiah Orsborn and Philip Philips is appointed to Serve as Constables the Ensuing year, and that they be summoned before Samuel Newell Gentleman to Qualify into said office. Andrew Dye & Peter Austurges is appointed Constables to Serve the Ensuing year, and that they be summoned before Benjamin Frye, Gentleman to Qualify into said Office. John Beans is appointed Constable to serve the Ensuing year, and that he be summoned before Oliver Miller, Gentleman to Qualify into said office. Ordered that Dorsey Penticost Esquire be recommended to his Excellency the Governor as a proper Person to have the Command of the Melitia of this County ; and that John Cannon be a proper Person to be recommended as Colonel of the said Melitia; Isaac Cox be recommended as Leutenant Colonel of said Melitia, and Henry Taylor, Major of said Melitia. Ordered that the Clerk forward a letter to his Excellency & Council, notifying the general dissatisfaction of the people of this County against the late Election^ being held on the Sabath day, the short notice of the said election, and of the Inconveni- ency of the Bounds circumscribing the said County. Whereas by an act of the General Assembly the Suits &c brought and Instituted in the Court of the District of West Augusta are directed to be determined in this Court, and the Papers and Records relative thereto are now in the hands of John Maddison, Junior, Deputy Clerk of East Augusta, who hath this day been Called upon to deliver the said Papers and records to this Court, which he, the said John Maddison, in (5) contempt of the said Act and the demands of this Court refuses to deliver, to the manifest Injury of Individuals and evident hurt of the Publick : Ordered, therefore, that a Process be Issued to apprehend the said John Maddison and forthwith bring him before this Court to answer the above misdemeanor. Court adjourned until Court in Course. Edw? Ward. * This was perhaps the election held on December 8, to choose a place for holding the court. 82 Annaus of thk Carnk(;if. Musfxm. Court met on Monday the 28th of April 1777, according to adjournment to Court in Course. I^esent : Edward Ward, John Cannon, John McDowell, Richard Yeates, Benjamin Kirkindall, Joshua Wright, Oliver Miller and Andrew Swearingen, Gentlemen Justices. On the Courtis meeting and the Sheriffs Commission not coming to Mr. Joshua Wright, agreable to recommendation of the Court and notwithstanding Colonel Penticost's letter to Colonel Cannon, Insuring him he had a Sheriffs Commission for Mr. Wright, he refused to act Protempory. Therefore the Court was reduced to the necessity of appointing another, as there was an Election to be held for a Senitor and Delegates, and a Criminal to be tried and other Breeches of the Peice. llie (juestion being first put to Mr. Joshua Wright, to be ap- pointed Protempory, and he refused, notwithstanding his hear- ing of the Commission as aforesaid ; but said if his commission had came to this Court he would have sworn into said Office. — The Question then being put to the rest of the Court, who would ser\e as Sheriff, and all refused to. Except Mr. William Harrison, who agreed to be appointed, and the Court unani- mously agreed that the said Mr. Harrison be recommended as a proper Person for Sheriff and Mr. Joshua Wright concurd with the Court. The Court is of the opinion that William Harrison, Samuel Newell and Thomas Freeman are proper persons to be recom- mended for Sheriffs the Insuing year. William Harrison came into Court and took the oath as Sheriff. (6) Court adjourned Tuesday 7 ()*Clock.' Court met according to adjournment. Present : Edward Ward, John Cannon, John McDowell, Richard Yeates, Benjaman Kirkindall, Joshua Wright, Oliver Miller, Andrew Swearingen, (ientleman Justices. Zacheriah Connell came into Court and took the oath of Justice of the Piece. 'J'he Court Still Ial)Ouring under great difficulty for the want of a Clerk, as Colonel Dorsey Penlirost our fomier Clerk lying •7 o'cliK'k ! Minutes of Court of Yohogania County. 83 in Baltimore in the Small Pox. The Court then applied to Mr. James Innis, who the said Colonel Penticost had appointed to serve as Clerk in his absence, and when application was made to said Mr. Innis, he refused to attend the Court ; his answer was that he only agread to 'attend the March Court — upon which the Court Choose Mr. Isaac Cox for their Clerk who Came into Court and swore into said Office. Zachariah Connell, William Lee and Andrew Heth came into Court and took the Oath of Captains of the Militia. John Cannon Came into Court and took the Oath as Colonel of the Melitia. Henry Taylor came into Court and took the oath of Major of the Melitia. Joshua Wright was applied to by the Court to Swear into his Captain *s commission, but he refused as he was a Leiutenant of a former Nominal Company. John Meligan being charged with Felloniously Murdering William Guttery and being Convicted for the same, was brought into Court, and he acknowledged he was guilty of the Crime he stod charged with, and the Court is of Opinion that the said Crimminal for said fellony ought to be sent to the general Court for farther Trial. John Melony and Samson Beavers, Securities for Joseph Ross, for his appearance at the Court, as by his recognizance appears, came into the Court and delivered said Ross to the Court, and after the Court had heared the Complaint, was fined twenty five Shellings for swearing four Blasfemous Oaths before John Cannon, one before John Johnston — and ordered that (7) the said Ross give Security for his better Behavior Por one year and one day. John Melony came into Court and agreed to be security for Joseph Ross's keeping the Piece and better Behavior to the Subjects of the Common Wealth, and esspecially to Colonel John Cannon, whome he had threatened to abuse the first opper- tunity. The said security bound in the sum of one Hundred pounds. Upon the Petition of Benjaman Jones ordered that John Bennitt be summoned to Bring a Boy Claimed by the said Jones to the Next Court. 8* Annals of the Carnegie Museum. Samson Beavers come into Court and entered Security for the payment of twenty five Shellings at the laying of the Next Parrish Levey, it being Joseph Ross's fine for swearing. Court is adjourned untill Wednesday 8 Oclock. Court met according to adjournment. Present : Edward Ward, John Cannon, Oliver Miller and Zacheriah Connell, Gentlemen Justices. The Sheriff came into Court and gave Bond and Security for the true performance of the said office. John Crow being charged with Breach of the piece, ordered that the said Crow give Security for his Better behavior towards all the Subjects of the Common Wealth, and Especially to Joseph Ross for a year and one day. Henry Taylor and James Austurges enter Security for the same, bound in the sum of one Hundred pounds. Ordered that the Clerk furnish the Sheriff with all papers necessary for the Tryal of John Milligan at the General Court. Ordered that the Clerk send down the recommendation for William Harrison to be Sheriff. Ordered that the Clerk send down by Mr. William Harrison all proceedings of the Court relative to the appointment of the Sheriff and Clerk. Patrick McGey, Thomais Smyth and James Furgurson being Convicted for Breaches of the piece — Ordered that the said Patrick McGey, Thomas Smyth and James Furgurson give Security to each other, for their better Behaviour for the Space of one year and one day, ai^d also to all the Subjects of the Common Wealth. Henry Taylor and John McGey enter Security for Patrick McGey and Thomas Smyth. John Crow and David Williams enter Security for James Furgurson. (8) Ordered that Patrick McGey and Thomas Smyth be fined the Sum of two pounds each, and that the Sheriff secure the same and pay it to James Furgurson. Charles Harrison and William McKee is appointed Constables for the Ensuing year, and that they be Summoned before Zacheriah Connel Gentleman to swear into said office. The Court adjourned to Court in Course. Minutes of Court of Yohogania County. 85 At a Court Continued and held for Yohogania County May 26th, 1777. Present : William Crawford, Benjaman Kirkindall, John McDaniel and Oliver Miller, Gentlemen Justices — The afore- said William Crawford and John McDaniel being Previously sworn by the aforesaid Benjaman Kirkindall and Oliver Miller, Gentlemen Justices. Colo Dorsey Penticost came into Court and beged that the Court would consider the Cause of his not attending their Court at their last meeting — he the said Pentecost, Convinced this Court that it was out of his power to attend, he being at that Time confined in the Small Pox — and prayed the Court to reestablish him in his Office as Clerk of their Court. Colonel Isaac Cox who was appointed Clerk of this Court to succeed him, acquiesing in Said Petition, on the Proviso that his Bonds given the Court for the due performance of his Office be given up or Confiscated ; the Court is therefore of opinion that the Reasons Offered by the said Pentecost for his non- attendance at I>ast Court is satisfactory and the Court acquiesce with his and Colonel Cox's request. — And it is accordingly ordered that Colonel Cox's Bond be delivered him and he is hereby released therefrom and that the said Pentecost enter into Bond with this Court for the due performance of his Office, and to Take the Charge of the Rolls of this County as Clerk to this Court. Colonel Isaac Cox took his seat in Court. (9) Colonel William Crawford absent. Thomas Cook came into Court and took the Oath of Captain of the Militia. John Muchelhaney is appointed Constable to Serve the Ensu- ing year and that he be Summoned before Benjamin Kirkin- dall, Gentleman, to Qualify into said Office. Benjamin Kirkindall (otherwise Called Jorsey Ben)* is ap- pointed Constable to Serve the Ensuing year, and that he be Summoned before Oliver Miller, Gentleman, to Qualify into said Office. Court adjourned untill Tomorrow 9 O' Clock. Isaac Cox. > Not the Gentleman Justice, but another Benjamin. 80 Annals of the Carnegie Museum. May the 27th 1777, Court met according' to adjournment. Present : Isaac Cox, William Crawford, Oliver Miller, John McDaniel, Benjamin Kirkindall and Benjaman Frye, Gentle- men Justices. Upon the Petition of Benjaman Jones exhibited against a certain John Bennitt for unlawfully detaining his son Enoch Jones, an Infant. Ordered that the Said John Bennitt deliver the said Boy Enoch Jones unto the said Benjaman Jones, with Such House- hold fimiture as he may have, the property of the said Boy Enoch Jones, and the said Benjaman Jones pay the said John Bennitt the Sum of Six pounds on the delivery of the said Boy Enoch Jones, and that the said John Bennitt deliver unto the said Infant, Enoch Jones, when he arrives at the age of Twenty one years, one good Cow and Calf Michael Thorn and Joshua Meeks both come into Court and Took the oath of Captains of the Melitia. Ordered — That Zacheriah Connell Gentleman, Take in the List of Tithables in the following Bounds, Viz : — Beginning at the head of Maryland and Extending along Bradock's Road To Thomas Gist, Thence with Froman*s Road to Byer's Run, (10) thence down the said Run to Yough River, Thence down the said River to the mouth of Swedley Creek, Thence with said Creek and the Northern bounds of the County to the Begin- ning.^ Ordered — That Edward Ward, Gentleman be appointed to Take in the List of Tithables within that part of the County Lying West of Swedley Creek East of the Alleghany River & North of the Monaungahela River. Ordered — That William Goe Gentleman be appointed to take in the List of Tithables within the following Bounds, (Vizt) Beginning at William Caistleman's on the head of Little Redstone Creek, Thence on a Strait line to the mouth of Worshington's Mill Run,^ Thence down Yough River To its Junction with Monaungahela River, thence up the said River ^ At this time there were no townships, in Vohogania County at least, created by statutory authority, as in Pennsylvania. 2 Doubtless Washington's Mill Run. Minutes of Court of Yohogania County. 87 Monaungahela to the mouth of Little Redstone Creek, Thence up the said Creek to the aforesaid Willam Castleman*s. Ordered — Thomas Freeman Gentleman be appointed to Take in the List of Tithables within the following bounds (Vizt) : Within that part of the County Lying Between the Laurel Hill and the Monaungahela River, and between the line of this County and the Monaungahela County and the following Line. Vizt — Beginning at the House of Thomas Gist. Esquire and ex- tending Along P>oman*s Road to Byer's Run, Thence down said Run to Yough River, thence Down said River to the mouth of Worshington's Mill Run. Thence on a Strait-line to the House of William Castleman on the head of Little Redstone Creek, Thence down said Creek to its junction. Ordered — That Benjaman Frye Gentleman, be appointed to Take in the List of Tythables, within the followmg Bounds, Vizt. Beginning at the mouth of Pigion Creek and running up the said Creek to its fountain, Thence a South Course to the South Line of the County, Thence with said Bounds to the Monaungahela River, Thence down the said River to the Beginning. Ordered — That Benjaman Kirkindall, Gentleman be ap- (ii) pointed to Take in the List of Tithables within the following Bounds (Vizt) Beginning at the mouth of Pigeon Creek and extending up the same to its fountain. Thence a South line to the South bounds of the County, thence with said bounds to the Top of the dividing Ridge Between the waters of the Mo- naungahela River and Chirteers Creek, Thence along said Ridge to the head of Peter's Creek, Thence down the said Creek to the mouth, thence up the Monaungahela River to the Beginning. Ordered — That Oliver Miller Gentleman be appointed to take in the List of Tithables within the following Bounds, Vizt. Beginning at the mouth of Peter's Creek and extending up the same to its fountain — thence on a Strait Line to Ezeel John- ston's on Churteer's Creek, thence down the same to its Junc- tion with the Ohio, Thence up the Rivers Ohio and Monaun- gahela to the Beginning. Ordered — That Richard Yeates Gentleman, be appointed to take in the list of Tithables within the following Bounds Vizt. 88 Annals of the Carnegie Museum. s Beginning at the mouth of the East fork of Churteers Creek and Extending up the same to Ezekiel Johnston's, Thence on a Strait Line to the head of Peter's Creek, Thence along the dividing ridge between Churteer's Creek and the Monaungahela River to the South line of the County, Thence along said line to the middle or main fork of Churteer's Creek, Thence down said Creek to the place of Beginning. Ordered — That Andrew Swearingen Gentleman be appointed to Take in the List of Tithables within the following bounds, (Vizt) Beginning at the mouth of the West fork of Churteer's Creek and Extending up the same to the Top of the deviding ridge Between Churteer's and Cross Creeks, Thence along said Ridge to the South Line of the County, thence along said Line to the Main fork of Churteer's Creek, Thence down the same to the Beginning. Ordered — That John McDaniel Gentleman be appointed to take in the List of Tithables within the following Bounds, (Vizt) Beginning at the mouth of the West fork of Churteer's and extending up the Said Fork to the Top of the Dividing Ridge Between Churteer's Creek and Cross and Raccoon (12) Creeks, Thence down the Said ridge to the head of Robertson's run. Thence down the said run to Churteer's Creek, thence up the said Creek to the Beginning. Ordered — That Samuel Newell Gentleman be appointed to Take in the List of Tithables within the following Bounds, Vizt — Beginning at the mouth of Churteer's Creek and extend- ing up the same to the mouth of Robertson's run, Thence up said run to Croghan's Line, Thence with said line to Raccon Creek, Thence down said Creek to the Ohio, Thence up said River to the Beginning. Ordered — Matthew Richie Gentlemen be appointed to take in the List of Tithables within the following Bounds, Vizt. — Beginning on the Ohio at the mouth of Raccoon Creek, Extend- ing down said River to the mouth of Indian Creek, Thence up the same to its fountain. Thence on a Strait Line to Thomas Rogeres on Raccoon Creek, Thence down the same to the Beginning. Ordered — That Isaac Cox Gentleman be appointed to Take in the List of Tithables within the following Bounds, (Vizt) — Minutes of Court of Yohogania County. 89 Beginning at the mouth of Cross Creek and extending up the same to the head, thence along the dividing ridge between Cross, Raccoon and Churteer*s Creeks to Croghan's line, Thence with said line to Raccoon Creek, Thence up the same to Thomas Rogers's, Thence on a Strait line to the head of Indian Creek, Thence down the Same to Ohio River, Thence with the Said River to the Beginning. An Execution Issued by Edward Ward Gentleman against Samuel Ewalt, ordenary keeper, for keeping a disorderly House. The Sheriff teturns Executed and five pounds ready to render — Ordered That the Sheriff retain said money in his hands untill the Laying the next Levy. Abraham Dale vs Debt — Alias Capias. Richard Elson [2 folios, 4 pages missing] (17) The last Will and Testament of Jacob Lamb deceased was proved by the oaths of John Crow and John Wright to of the subscribing Witnesses. George Kintner.came into Court and Took the oath of Executor of the Last Will and Testament of Jacob I^mb deceased, and entered into Bond for his perform- ance according to Law with John Crow and John Wright his securities. Upon the Representation of Alen Tharp and Wife, that a Certain Michael Humble did forcibly and with a Strong hand Carry away from them, the Complainants, five of their Chil- dren. Ordered — That the said Michael Humble forthwith deliver the said Children to the aforesaid Alen Tharp and Wife. Ordered — That the Court be adjourned untill Tomorrow 7 Oclock in the forenoon. Isaac Cox. June 25th 1777, Court met according to adjournment. Present : John Campbell, Isaac Cox, Richard Yeates, Thomas Freeman, Oliver Miller and Zacheriah Connell, Gentlemen, Justices. Ordered — That the Sheriff cause to be Erected a pair of Stocks, and a Whiping post in the Court-House yard by next Court. 90 Annals of the Carnegie Museum. Upon the information of Zacheriah Connell, Gentleman, That James Johnston did this day swear two profane oaths and two profane Cusses — Ordered, That the said James Johnston be fined Twenty Shillings, Currant money for the same. Upon the information of Isaac Gox Gentleman that James Johnston did this day swear three profane Oaths and one pro- fane Curse — ordered, That the said James Johnston be fined Twenty Shillings Currant money for the same. (i8) Upon the information of John Campbell Gentleman That James Johnston did this day swear four profene oaths, ordered — That the said James Johnston be fined one pound Currant money for the same. Ordered — That Richard Yeates and Isaac Leet be appointed to meet two Gentlemen to be appointed by the Court of Mo- naungahela County, at the House of Captain Reason Ver- gin's on the forth day of August Next, to run the line agre- able to Act of Assembly between this County and the said County of Monaungahela. Ordered — That Richard Yeates and Isaac Leet be appointed to meet two Gentlemen to be appointed by the Court of Ohio County at the House of William Shearer's, on the head of Cross Creek, on the first day of August next to run the line between this County and the said County of Ohio agreeable to Act of Assembly. Ordered — That the Court of Monaungahela be requested to appoint two gentlemen of their County to meet two Gentle- men already appointed by this Court at the House of Captain Reason Vergin's, on the forth day of August next, to run the line Between this County and the said County of Monaunga- hela, agreeable to act of assembly. Ordered — That the Court of Ohio County be requested to appoint two Gentlemen of their County to meet two Gentle- men already appointed by this County at the House of William Shearer's, on the head of Cross Creek, on the first day of August next to run the Line between this County and the said County of Ohio agreeable to act of assembly. Ordered — That Court be adjourned untill Court in Course. Isaac Cox. Minutes of Court of Yohogania County. 91 ( 19 ) At a Court Continued and held for Yohogania County August 25th 1777. Present : Isaac Cox, Richard Yeates, Thomas Freeman, John McDowell and Zacheriah Connell Gentlemen Justices. Ordered : That for Conveniency of Seting and Expediting Business, That the Court be adjourned to the House now occu- pied by Andrew Heath.* Isaac Cox. At the House of Andrew Heath, Court met according to adjournment. Present : John Campbell, Isaac Cox, Richard Yeates, Thomas Freeman, John Cannon, John McDowell, John Mc- Daniel and William Goe, Gentlemen Justices. The last Will and Testiment of Job Robins was proved by the oaths of Joseph Brown and Joseph Sprouce, the two Sub- scribing Witnesses and ordered to be recorded. Benjaman Custard and Rebekah Robins came into Court and Took the oath of Executors of the Estate of Job Robins de- ceased and entered into Bond with Gabriel Cox and Zadock Wright their Securitys. — Ordered — That David Cox, John Trumbo and Thomas Spencer or any two of them being first sworn do appraise the Estate of Job Robins deceased and Return the Inventory to next Court. Bargain and Sale, Jonathan Plummer to Henry Heath, was acknowledged by the said Jonathan Plummer party thereto and ordered to be recorded. Zachariah Connell Gent, Plaintiff vs In Case Samuel Wells, Defendant (20) This day the plaintiff by his attorney, and Edmond Lindsey personally appeared in Court and undertook for the said De- fendant, That in Case he shall be Cast in this Suit that he shall pay and satisfie the condemnation of the Court or render his Body to Prison in Execution for the same or that he the said Edmond Lindsey will do it for him, whereu{)on the said Defendant prays and hath leave to Imparle untill next Court and then to plead. ' Had the court theretofore been held at Augusta Town ? 92 Annals of the Carnegie Museum. Jacob Bauseman produced a Commission as Captain of the Melitia which being read, The said Jacob Bauseman Came into Court and Took the Oath of Captain of the Melitia. George Vallandingham, Gentleman named in the Commis- sion of the piece Came into Court and took the Oath of Jus- tice of the Piece. Edward Ward, Gent., Plant vs In Case Joseph Wells, Defendant This day came the plaintiff by his attorney, and Thomas Freeman Gentleman, personally appeared in Court and under- took for the Defendant that in Case shall be Cast in this Suit, that he shall pay and Satisfie the Condemnation of the Court or render his Body to Prison in Execution for the same, or that he, the said Thomas Freeman will do it for him, where- upon the said Defendant prays and hath leave to Imparl untill next Court and then to plead Walter Buscoe Plaintiff vs. In Case Edward Todd, Defendant (21) This day came the plaintiff by his attorney, and Joseph Wells Personally appeared in Court and undertook for the said defendant that in Case he shall be Cast in this Suit that he shall pay and Satisfie the Condemnation of the Court or render his Body to Prison in Execution for the Same or that he the said Joseph Wells do it for him. Whereupon the Defendant prays and hath leave to Imparle untill next Court and then to plead. Isaac Leet Came into Court and Took the oath of Deputy Sheriff. Ordered that John James Wood be appointed Constable to serve the Ensuing year and that he be sommened before Wil- liam Goe, Gentleman, to Qualify into said Office. Ordered — That Court be adjourned untill Tomorrow morn- ing Six O'clock.* John Campbell. August 26th 1777. Court met according to adjournment. Present : John Campbell, John McDowell, Isaac Cox, * 6 o'clock I Minutes of Court of Yohogania County. 93 Richard Yeates, John McDaniel, William Goe, Zacheriah Connell, George Vallandingham, Thomas Freeman and John Cannon, Gentlemen Justices. David McClure by his attorney Complains that Sarah Bres- ling an Indented Servant was delivered of a Bastard Child within her said Time of Service and the said Sarah Bresling being Called Came into Court and Confessed to the Charge. It is thereupon Ordered by the Court that the said Sarah Bresling doth serve her said Master the Term of one whole Year from the tenth day of October Next (being the expiration of her service by Indenture) to reemburs her said Master for his Loss and Trouble for the same — or that she pay her Mas- ter the sum of one Thousand Pounds of Tobacco in Leu of said Service. Bargain and Sale. Dorsey Pentecost to Samuel and Robert (22) Purviance for Three Hundred and fifty two acres of Land acknowledged by said Pentecost, party thereto and ordered to be recorded. Bargain and Sale from Dorsey Pentecost to Samuel and Robert Purviance, acknowledged by said Pentecost party thereto and ordered to be recorded for four hundred and Six acres of Land. Bargain and Sale from Dorsey Pentecost to Samuel and Robert Purviance for three Hundred and Seven acres of Land. Acknowledged by said Pentecost, party thereto, and ordered to be recorded. Bargain and Sale from Dorsey Pentecost to Samuel and Robert Purviance for one Hundred & Sixty three acres of Land. Acknowledged by said Pentecost, Party thereto and ordered to be recorded. Bargain and Sale. Dorsey Pentecost to Jesse Hollingsworth for five Hundred and fifty one acres of Land, acknowledged by Said Pentecost, party thereto and ordered to be recorded. Edward Ward, Gent, Plaintiff against In Case Richard Dunn, Defendant This day came the Plaintiff by his attorney, and Patrick MuckElroy Personally appeared in Court and undertook for the 94 Annals of the Carnegie Museum. said Defendant, that in Case he should by Cast in this Suit that he Shall pay and Satisfie the Condemnation of the Court or render his Body to Prison in Execution for the same, or that he, the said Patrick MuckElroy will do it for him, whereupon the said Defendant prays and hath Leave to Imparl untill next Court and then to plead. Joseph Wells is appointed Constable to serve the Ensuing year. Whereupon the said Joseph Came into Court and Took the Oath of a Constable. Oliver Miller Gentleman, Justice Present. (23) Upon the Petition of Paul Froman, Setting forth that he is desirous of Building a Water Mill on Mingo Creek at the mouth Thereof; and praying an order to view and Condimn one Acre of Land on the opposite Side from said Froman* s Land for that Purpose, Ordered — That the Sheriff be Commanded to Sommon twelve Freeholders of his Vissinage to meet on the aforesaid land and they being first Sworn Shall diligintly View and Ex- amine the said land which shall be Effected or Laid under Water by the Building Said Mill with the Timber and other conveniences thereon, and that they report the same to Next Court with the True Value of said acre of land Petitioned for and of the Damages done the Party holding the same. William Brashers produced a Bond Payable from Thomas Hamilton to Andrew Swearingen for five hundred pounds Cur- rant Money with a Condition to deliver to this Court the Body of a Certain Robert Hamilton, which he hath not fulfilled. Ordered — That the said Bond be put in Suit against the said Thomas Hamilton. Ordered : That the following Gentlemen be Appointed to make a Tour of the Different Districts hereafter mentioned, and Tender the Oath of Allegience and Fidelity to this Common Wealth to all free Male Inhabitants, agreable to an Act of Assembly Intitled an act to oblige all the free Male Inhabitants above a Certain age to give assurance of allegience to this state and for other purposes, Therein Mentioned.* Ordered — That Matthew Richie, Gentleman, be app>ointed ' For the act itself see 9 Hening 281. Minutes of Court of Yohogania County. 95 for the above purpose within the following Bounds, Vizt : — Beginning at the mouth of Cross Creek and up the same to the Dividing ridge Between said Creek, Raccoon and Churteer's Creeks ; thence along said Ridge to Croghan's Line ; thence with said Line to Raccoon Creek ; thence up the same to Thomas Rogers's ; thence on Strait Line to the head of Indian Creek ; thence down the same to the Ohio ; thence down the said River Ohio to the Beginning. 24) Ordered: — That Samuel Newell, Gentleman, be appointed for the above purpose within the following Bounds, Vizt : — Beginning at the mouth of Churteer's Creek, extending up the same to the mouth of Robertson's run ; thence up the said Run to Croghan's Line ; thence with said Line to Raccoon Creek; thence down Said Creek to the Ohio ; thence up the same to the Beginning. Ordered : — That John McDaniel, Gentleman, be appointed for the above purpose within the following Bounds, Viz : Beginning at the mouth of the West fork of Churteer's Creek, Extending up the said fork to the top of the dividing ridge, Between Churteer's Creek, Cross and Raccoon Creeks ; thence along Said ridge to the head of Robertson's run ; thence down said Run to the Churteer's Creek ; thence up the said Creek to the Beginning. Ordered: — That Andrew Swearingen, Gentleman, be ap- pointed for the above purpose within the following Bounds, Vizt : Beginning at the mouth of the West fork of Churteer's Creek and Extending up the same to the Top of the dividing ridge Between Churteer's Creek and Cross Creek ; thence along said Ridge to the South Bounds of the County ; thence with said Bounds to the Main Fork of Churteer's Creek; thence down the same to the Beginning. Ordered: — That Isaac Cox, Gentleman, be appointed for the above Purpose, within the following Bounds, Vizt : all that part of the County Lying west of Sweedly Creek, East of the Allegheny River, & North of the Monaungahela River.* Ordered — That Oliver Miller, Gentleman, be appointed for The above purpose within the following Bounds, Vizt : Begin - * This indicates that the jurisdiction claimed extended well up northeast of Pitts- bura 96 Annals of the Carnegie Museum. « ning at the mouth of Peters Creek and extending up the same to the head, thence a Strait Line to Ezekeel Johnston's on Churteer's Creek, thence down the same to the mouth ; Thence up the Ohio and the Monaungahela River to the Beginning. Ordered: — That Benjaman Kirkindall, Gentleman, be ap- pointed for the above purpose within the following Bounds, {25) Vizt : — Beginning at the mouth of Pigeon Creek, Extending up the same to the head, Thence a South Line to the South Bounds of the County, thence with said Bounds to the Top of the dividing ridge between the waters of the Monaungahela River and Churteer's Creek, Thence along said ridge to the head of Peters Creek, thence down the same to the Monaun- ghela River, thence up the same to the Beginning. Ordered : — That William Goe and Thomas Freeman, Gen- tlemen, be appointed for the above purpose within the follow- ing Bounds, Vizt : — Beginning at the mouth of Little Red- stone Creek and Extending up the same to the House of Wil- liam Castlemans, Thence on a Strait line to the mouth of Worshington's Mill run, thence up Yough River to the mouth of Byer's run. Thence up said Run to Froman's Road ; Thence along said road to Thomas Gist, Esquire, Thence along Laurel Hill to Dunlap's old road. Thence with said road to the Mo- naungahela River, Thence with said River to the Beginning. Ordered: — That Zacheriah Council, Gentleman, be ap- pointed for the above purpose within the following Bounds, Vizt : Beginning at the head of Maryland and extending along Bradock's Road to Thomas Gists, Escjuires ; Thence with Fro- man's Road to head of Byer's Run ; Thence down said Run to Yough River ; Thence down the same to mouth of Sweedley Creek ; Thence with said Creek and North Bounds of the County to the Beginning. Ordered : — That Benjaman Frye, Gentleman, be appointed for the above purpose within the following Bounds, Vizt : Be- ginning at the Mouth of Little Redstone Creek extending up the same to the House of William Castleman ; Thence on a Strait Line to the mouth of Warshington's mill run ; Thence down the river Yough to the Monaungahela ; Thence up the same to the Beginning. Ordered : — That Richard Yeates, Gentleman, be appointed Minutes of Court of Yohogania County. 97 for the above purpose within the following Bounds, Vizt : Be- ginning at the mouth of Pigeon Creek and Extending up the same to its fountain ; Thence South to the South Bounds of the County ; thence with said bounds to the MonsLungahela. River ; Thence down said River to the Beginning. (26) Ordered: — That John Inks [illegible], Benjamin Wells, John White, Jun, Henry Boyles, Samuel Clerk, Samuel Griffith, William McKee, John Brown, Isaac Sparks, Peter Austerges, John James Wood, and Brice Vergin, be appointed Constables to serve the Ensueing year, and that they be Sommoned to attend Next Court (or the Nearest Justice) to Qualify into said Office. Ordered : — That the Sheriff Call on Mr. John Anderson, of Pittsburg, or any other person, for the papers and records be- longing to the District of West Augusta, and that the said Sheriff give the said Mr. John Anderson, or any other person who may deliver the said Records, a Receipt for the same ; and that he deliver the said Papers and Records to the Clerk of this Court, who is also ordered to give the said Sheriff a Receipt for said delivery. Robert Hamilton, a prisoner in the Sheriffs Custody, came into Court and in the grocest and most Impolite Manner In- sulted the Court, and Richard Yeates, Gentleman, in par- ticular : Ordered, That the Sheriff confine the feet of the said Robert Hamilton in the lower rails of the fence for the space* of five minutes. Ordered : — That any prisoner or prisoners the Sheriff have, Shall be Confined in the guard or some other room in Fort pitt, with the acquiesance of General Hand, untill such Time as a proper goal can be provided for the County. Ordered : — That Isaac Cox, Oliver Miller and Benjaman Kirkindall, be appointed, or any two of them, to Contract with a proper person or Persons, to Build a Goal and Court house in the following manner, and at the following place, Vizt : The Goal and Court House are to be Included in one whole and Intire Building, of round sound Oak, to go Twenty four feet Long and Sixteen feet wide ; two Story high ; The lower Story to be eight feet high. Petitioned in the Middle ; 98 Annals of the Carnegie Museum. with Squeared hewed Logs with Locks, and bears to the door and Windows, according to law, which Shall be the Goal. (27) The upper Story to be five feet high in the Sides, with a good Cabbin RocTf, with Convenient seats for the Court & Bar, and a Clerk's Table, to remain in one room, with a pair of Stairs on the outside to Assend up to said Room, which Shall be place for holding Court ; with two floors to be laid with strong hewed logs; the whole to be Compleat and finished in one month from the date hereof. The said Building to be Erected on the plantation of Andrew Heath at Such Convenient place as the said Isaac Cox, Oliver Miller & Benjaman Kirkindall, Gentle- men, or any two of them shall think Proper. Ordered — That John McDowell, Gentleman, be appointed to Take a Tour within the following Bounds, and Tender the oath of allegience and Fidelity to the State, to all free male Inhabitants within the same, above sixteen years of age, agree- able to act of Assembly : Beginning at the mouth of the East fork of Churteer's Creek and Extending up the same to Ezekil Johnston's ; Thence on a Strait Line to the head of Peter's Creek ; Thence on the Top of the Deviding Ridge Between the Monaungahela River and Churteer's Creek to the South Bounds of the County ; Thence with said Bounds to the Main fork of Churteers Creek Thence with said Creek to the Be- ginning. Ordered — That the Court be adjourned to 6 Oclock Tomorrow Morning. John Campbell. August 27th Court met according to adjournment. Present : John Campbell, Richard Yeates, William Goe, George Vallandingham, John McDowell, Isaac Cox, Thomas Freeman, Oliver Miller, Zacheriah Connel, John Cannon & John McDaniel, Gentlemen Justices. (28) Alexander Bowling against William Boston. Pluries Capias. Alexander Bowling against Francis Morrison. In Case. Plur. Capias. Christian Summitt against John Golliher and wife. In Slan- der, Plurious Capias. Minutes of Court of Yohogania County. 99 Thomas Rankin against Jeremiah Standsbarry. In Case, Alias Capias. David Day against Jacob Hedricks. In Case. Alias Capias. John Lydea against Joseph Cox. In Case. Alias Capias. Matthew Dale against Richard Elson. In Case, Alias Capias. Benjaman Jones against Patrick McDaniel. In Case. Plur- ious Capias. William McMahan against John Greathouse. In Case, Flu. Cap. Daniel Swigert against Benjaman Newgent. Atteachment, Continued for want of Prosecution. Peter Reasoner against Davis Ruth. In Case. Alias Capias. Shillings against Spencer Collins. In Case. Alias Cap. Dorsey Pentecost against Christopher McDaniel. Debt. Alias Cap. Burr Harrison against William Williams. In Case. The Sheriff Returning agreed. Ordered that the Suit be Demised. Joseph Lindsey vs. In case George Long The Sheriff having Returned that the De- fendant is not in his Bailliwick, Ordered That This Suit be dis- missed. Zacheriah Connell against Abraham Vaughan. In Case. Ali. Cap. Richard McMahan against John Trumbo. In Case. The Sheriff returning Executed and agreed and the Plaintiff not appearing, though Solemnly Called, Ordered to be dismissed, for Non Procedendo. Zacheriah Connell against Providence Mounce. In Slander. The Sheriff Returns Executed. Ordered that said Suit be Continued. Zacheriah Connell against In Slander. John Lindsey The Sheriff returns Executed, Ordered that Said Suit be Continued. 100 Annals of the Carnegie Museum. Ignaw Labat against In Case. John Bradley The Sheriff returns agieed, Ordered that this Suit be dismissed. (29) Hugh Sterling against Mordicai Richards. In Assault. Alias Capias. Ignaw Labat, Plaintiff against In Debt. Thomas Girty Defendant The Sheriff returns that the De- fendant Is not with in his Bailliwick. Ordered that the Suit be Dismissed. David Wilson against Henry Bowling. In Case. Alias Capias. Alexander Sumrall Jun and Thomas Jack Plaintiffs against In Case Walter Summerall, Defendant Alias Capias. John Worshington against James Poor. Ejectment. Or- dered to be Continued. John Spivey against Samuel Beeler. In Case. Alias Capias. Richard Yeates, Plaintiff against In Case Brice Virgin, Defendant ordered to be Dismissed at Plain- tiff's request. Richard Waller Plaintiff against In Debt John Earskin, Defendant The Sheriff returns agreed Or- dered that This Suit be Dismissed. Dorsey Pentecost, Plaintiff against In Debt James Poor Defendant upon the Petition of the Plain- tiff Seting forth that the Defendant Stands Justly Indebted to him four pounds Ten Shillings Courant Money refuseth pay- ment. . « •' • ■ Minutes of Court of Yohogaxia County. 101 The said James being Solemnly Called & failing to appear the Plaintiff produced a Note of hand Bearing Interest from the fifteenth day of December 1774, four pounds Ten Shillings with Credit on said Note for Two pounds Three Shillings and six pence. It is Considered by the Court that Plaintiff recover against the said James the Defendant for two pounds six Shill- ings and six pence with Interest from the said fifteenth day of December untill paid, with his Costs about this Suit in that be- half Expended. Ordered — That Execution be Staid on this Judgment un- till next October Court. (30) Ordered — That the following Gentlemen be recommended to his Excellency the Governor as proper persons to be added to the Commission of the piece, Vizt, Isaac Leet, Senior, Joseph Beeler, Sen. John Carmichael, James Rogers, Isaac Meason, James McLane, James Blackstone, Joseph Becket and Joseph Vance, Gentleman. Ordered : — That the Majestrates appointed to make the Tour of the County and Tender the oath of allegience and Fi- delity, Shall also Take in the Numbers in Each Family within their Respective districts, In order to enable the justices to make an Equal distribution of the salt, and make return to October Court. Zacheriah Connell against Abraham Vaughan. In Case. Ali. Cap. Ordered — That Isaac Cox Gentleman be recommended to his Excellincy the Governor as a proper person to Serve as Leiutenant Colonel of the Militia of this County, In the Stead of Thomas Brown Gentleman who hath refused to Serve. Ordered — That Court be adjourned Till Court in Course &c. John Campbell. At a Court continued and held by Adjornment September 22d 1777. Present : Isaac Cox, William Goe, Oliver Miller, Joshua Wright, Gentlemen Justices. Ordered that Isabel Pegg be appointed Administratrix of all the Goods, Chatties and Credits of the Estate of Garret New Gill deceased. She complying with the Eaw. Whereupon 102 Annals of the Carnegie Museum. the said Isabel Pegg with James Wright her Surety, Came into Court and Entered into Bond for the Performance of the Said Administration. Isabel Pegg came into Court and took the Oath of Administratrix of the Estate of Garrett New Gill, de- ceased. (31) Ordered that John Wall, Benjaman Collends & John Cox or any two of them being first Sworn do appraise all the Estate of Garret Newgil deed and make return to the Next Court. A Bargain and Sale from Gabriel Cox to James Swolevan of three hundred Acres of Land acknowledged by the said Gabriel party thereto and ordered to be recorded. William Taylor produced a Licence appointing him to preach the Gospel after the Manner of his Sect ; which being read, the said William Taylor came into Court and took the Oath of fidelity and Allegience to this Commonwealth. John Gibson came into Court and took the Oath of Ensign of Militia. John Campbell Gent took his seat in Court. Alex Sumrall & Thos Jack Walter Sumrall This day came the Plff, and William Anderson personally appeared in Court and undertook for Said Deft that in Case he shall be cast in this Suit he shall pay & Satisfy the Condemnation of the Court or render his body to prison in Execution for the same or that he the said William Anderson will do it for him. Whereupon the Deft prays and hath leave to imparl untill the next Court and then to plead. Ordered that the Court be adjourned to tomorrow at 7 oClock. John Campbell. (32) September 23d 1777. The Court met pursuant to adjourn- ment. Present : John Campbell, Isaac Cox, William Goe, Oliver Miller, Gentlemen, Justices. The last will and Testament of Johathan Reed was proved by the Oaths of Noah Flehearty and Hugh McCreedy, two of the subscribing witnesses and ordered to be recorded. Minutes of Court of Yohogania County. 103 John Cannon, Joshua Wright & Matthew Richey Gentlemen Came into Court and took their Seats. Robert Bowers being charged with a breach of an act of the Common wealth intitled an Act for the punishment of certain Offences being Called, pleads Not Guilty. Then came a Jury, to wit. James Swolevan, James Wall, Charles Bruce, James Campbell, William Marshall^ Joseph Becket, John Crow, Zadock Wright, Edward Cook, Gabriel Cox, Andrew Heath and John Douglass, and being sworn say that the said Robert Bowers shall suffer One year's Imprisonment. David England, being charged with a breach of an act of Assembly of this Commonwealth, intitled an Act for the punish- ment of Certain Offences, Came into Court and Confessed the Charge. Then came a Jury, to wit James Swolevan, James Wall, Charles Bruce, James Campbell, William Marshall, Joseph Becket, John Crow, Zadock Wright, Edward Cook, Joseph Bealer, Andrew Heath & John Douglass, and being sworn say that they find forty Shillings. (33) John Teague and George Corn are allowed two days attend- ance each as Witnesses in behalf of the Common Wealth against David English. Joseph Beeler Gent, is appointed Administrator of all the Goods, Chatties and Credits of the Estate of John Hutcheson, deceased, he complying with the Law. — Whereupon the Said Joseph Beeler with Christopher Beeler Came into Court and entered into Bond for the due performance of his said Ad- ministration. Joseph Beeler Came into Court and took the Oath of Ad- ministrator of Joseph Hutcheson deceased. Ordered — That Richard Antis, William Powell and James Burns or any two of them they being first sword to apprais the Estate of John Hutcheson deceased and Make Return to Next Court. Benjamin Kirkindall Gent Justice Took his Seat in Court. Andrew Swearingen Thomas Hambleton This day came the Plff, and Robert Hamilton personally appeared in Court and undertook for the Defendant that in Case he Shall be Cast in this Suit he Shall 104 Annals of the Carnegie Museum. pay and Satisfy the Condemnation of the Court or render his Body to Prison in execution for the same, or that he, the said Robert Hamilton will do it for him. Whereupon the said Deft prays and hath leave to imparl untill next Court and then to plead. William Brashiers Robert Hambleton This day came the Plff, and Thomas Hambleton personally appeared in Court and undertook for the Defendant that in Case he shall be Cast in this Suit he Shall pay and Satisfy the Condemnation of the Court or render his Body to Prison in Execution for the Same or that the said Thomas Hambleton will do it for him. Whereupon the Deft prays and hath leave to imparl untill next Court and then to plead. (34) Moses Davison Stands charged with Hog stealing. Ordered that the said Moses Davison be bound over to Next Grand Jury Court with one Security in the Sum of ^^25 each. Whereupon the said Moses Davison and William Colvin his Surety Came into Court and Entered Bail as aforesaid. Sarah Reed, Joseph Becket and Edward Cook, Executors of the last will and Testament of Jonathan Reed deceased with Joseph Beeler Christopher Beeler and Paul Froman, their se- curities came into Court and entered into Bond for the true per- formance of the said Executorship. Whereupon the said Sarah Reed Joseph Becket and Edward Cook took the Oath of Execu- trix and Executors of the last will and Testament of said Jona- than Reed Deed. Ordered that Benjaman Davis Samuel Burns John WVight and Dorsey Pentecost or any two or more of them, being first sworn to appraise the Estate of Jonathan Reed deceased and make Return to Next Court. Joseph Allen being Charged with a Breach of an act of As- sembly of this Common Wealth intitled an act for the Punish- ment of Certain Offences being Calld Came into Court and pleads Not (iuilty — Then came a Jury, to wit : James Swolevan, James Wall, Charles Bruce, James Campbell, William Marshall, Andrew Heth, John Crow, Joseph Becket, Zadock Wright, Joseph Beeler, Edward Cook and John Douglass, and saith that the said Joseph Allen is Not Guilty. Minutes of Court of Yohogania County. 105 (35) El iezer Brown being Charged with a Breach of an Act of Assembly of this Common Wealth in titled an act for the punish- ment of certain Offences — being Called comes before the Court and pleads, Not Guilty. Whereupon came a Jury, to wit : James Swolevan, James Wall, Charles Bruce, James Campbell, William Marshall, Andrew Heath, John Crow, Joseph Becket, Zadock Wright, Joseph Beeler, Edward Cook and John Doug- lass, who upon their Oaths say that the said Eliezer Brown is Not Guilty. Thomas Estill, being charged with a Breach of the Act of Assembly of this Commonwealth, intitled an act for the punish- ment of Certain Offences, who being Called upon Comes into Court and pleads Not Guilty ; Whereupon, a Jury being Sworn, to wit : James Swolevan, James Wall, Charles Bruce, James Campbell, William Marshall, Andrew Heath, John Crow, Joseph Becket, Zadock Wright, Joseph Beeler, Edward Cook, and John Douglass, do say they find for the Commonwealth Twenty Pounds Current Money. Philip Tabor, Charged with being guilty of a Breach of an Act of Assembly of this Common Wealth intitled an act for the punishment of Certain Offences, being called comes into Court and pleads Not Guilty. W^hereupon Come a Jury to wit, James Swolevan, James Wall, Charles Bruce, James Campbell, Wil- liam Marshall, Andrew Heth, John Crow, Joseph Becket, Zadock Wright, Joseph Beeler, Edward Cook & John Douglass, who upon their Oaths do say the Said Philip Tabor is Not Guilty. (36) Upon the Petition of Adam Wickerham setting forth that he is desirous of Building a Water Mill on Mingo Creek about three quarters of a Mile from the mouth and that he owns all the Lands that will be effected or overflowed by the building of the said Mill. It is therefore Considered by the Court that the Said Adam Wickerham have leave to build and compleat a mill at the place aforesaid. Upon the Petition of Paul Froman setting forth that he is desirous of building a Water Mill on Mingo Creek at the mouth thereof and praying an Order to view and Condemn one acre of Land on the opposite side of the Creek to said Froman 's Land for that purpose. 106 Annals of the Carnegie Museum. Ordered that the Sheriff be Commanded to Summon twelve good and lawful freeholders of the vicinage to meet on the premises aforesaid and being first sworn shall diligently view and examine the said Lands which may be affected or laid under water by the Building Said Mill with the Timber and other Conveniences thereof, and that they report the same to next Court under their hands and Seals with the true value of the one acre of Land Petitioned for and of the damage done to the party holding the Same. Ordered that John Campbell, Gent. , be requested to furnish the wife of Lemuel Davis, a poor Soldier now in the Continental service from this State, for the Support of herself and three Children, the Sum of four pounds per Month, to Commence from the said Lemuel Davis's March from this County. Ordered that the provision made for the Children of Edward McCawley, by a former Order of this Court, Shall commence (37) from the time of his March from this Country, and that the funeral Charges of one of the said Children since dead be paid by the said Mr. Campbell, and that this Court do draw on the Treasury of this Commonwealth for the payment of the Same. A letter from General Hand addressed to Col. Campbell questing that Capt. Alexander McKee's Parole given to the Committee of West Augusta be given up to him, the said General Hand, in order to enable him to put Capt. McKee on a New Parole, as he finds it necessary to remove said Alexander McKee. Ordered that the said Parole be given up to General Hand and that he deposit a Copy of the New Parole to be taken from the said Capt. McKee in Lieu thereof, Certified by the said General Hand. Ordered that a Dedimus be issued to take the Evidence in behalf of the Common Wealth, against John Beall, as well on behalf of said John Beall as on the Common Wealth. Sarah Norris Attachment Charles Norris These parties came into Court and recjuest that this Action may be referred to Michael Rawlins, Thomas Keith and Andrew Swearingen Gent. It is therefore accordingly ordered by the Minutes of Court of Yohogania Couni-y. 107 Court that the said Suit be referred to the said Michael Raw- lins, Thos Keith and Andrew Swearingen or any two of them, they being first sworn diligently examine the Case and make return in writing to next Court, of their Judgment which Shall be considered the Judgment of the Court. Ordered that the Court be adjourned to 7 oClock tomorrow morning. John Campbell. (38) The Court met according to Court in Course at the house of Mr. Andrew Heath Octo 27th 1777. Present : John Campbell, Isaac Cox, Joshua Wright, Richard ■ Yeates, Gentlemen Justices. Ordered that the Court be adjourned to the new Court House.* John Campbell. The Court met at the Court House pursuant to adjournment. Present : John Campbell, Isaac Cox, Richard Yeates, Joshua Wright, Benj Kerkendal, Andrew Swearingen, Samuel Newell, Gent. Justices. A Bargain and Sale from Michael Kintner and Catherine his wife to Daniel Dozier for 200 acres of Land, acknowledged by said Michael Kintner and Catherine his wife and ordered to be recorded. Jacob Feagley V Hugh Brawdy This day came the Plain tif, and James Wright personally appeared in Court and undertook for the said Defendant that in Case he shall be Cast in this Suit, he shall pay and Satisfy the Condemnation of the Court or render his Body to Prison in execution for the same or that he the said James Wright will do it for him, whereupon the said Defendant prays and hath leave to imparl untill next Court and then to plead. (39) Peter Resner V Daviss Ruth This day came the Plaintiff, & David Leffergy personally appeared in Court and under took for the said De- ' Ordered on August 26th, to be built in one month. 108 Annals of the Carnegie Museum. fendant that in Case he shall be Cast in this Suit he shall Sat- isfy the condemnation of the Court or render his body to prison in Execution for the same, or he the said David Leffurgy will do it for him, whereupon the Said Defendant pleads and hath leave to imparl untill next Court and then to plead. Ordered, that Jno Campbell, Gent., be requested to furnish the Wife of Richard Jaines, a poor Soldier in the Continental Service from this State, with the sum of four pounds per month, for the Support of herself and three Children, and this Court do draw on the Treasurer of this Common Wealth for the pay- ment of the Same. — The same to commence one month prior to this date. John Campbell, gent, absent. Ordered that Mrs. Knox, the wife of Knox, a poor Soldier in the Continental Service from this State, be allowed the Sum of three pounds per month, for the Support of her- self and three Children, to commence from the date hereof, and that this Court do draw on the Treasurer of this Com- mon Wealth for the payment of the Same. Ordered that Mary Douthard, the wife of Thomas Douthard, a poor Soldier from this State in the ser\'ice of the United States, be allowed four pounds per month, for the Support of herself and Six Children, to commence one Month prior to this date, and that this Court draw on the Treasurer of this Commonwealth for the Same. (40) Ordered, that the wife of Abram Ritchey, a poor Soldier in the Continental Service from this State, be allowed three pounds per month for her Support and three Children, and that the Court do draw on the Treasurer of this Commonwealth for the payment of the same Ordered that the sum of Two pounds per month be allowed the wife of William Ritchie, a poor Soldier now in the Conti- nental Service from this State for the Support of herself and two Children, and that this Court draw on the Treasurer of this Commonwealth for the payment thereof. A Deed of Partition, John Connolly to John Campbell Gent bearing date the Sixth day of February, one Thousand seven hundred and seventy-six, proved by the Oath of Thomas Flinn one of the Subscribing Witnesses and that he saw Joseph West- / / Minutes of Court of Yohogania County. 109 more, Charles Matheson, and James Millegan Sign their names thereto as Witnesses. Ordered that the Court be adjourned to tomorrow morning at eight O' Clock. Isaac Cox. (41) The Court met according to adjournment. President : John Campbell, Richard Yeates, Andrew Swer- ingen, Samuel Newell, Gentlemen Justices. Ordered, that the Inhabitants of this County have leave to Inoculate for the Small Pox,. at their own houses or such other convenient Places as they may think proper. Zelphia McClean V Thomas Palmer This day came the Plaintiff, and John Palmer personally appeared in Court and undertook for the De- fendant that in Case he shall be Cast in this Suit he shall Satisfy the Condemnation of the Court or render his body to prison in execution for the Same or that he the said John Palmer will do it for him. Whereupon the said Deft prays and hath leave to imparl untill next Court and then to plead. On the Petition of Sarah Sample setting forth that Ann Mc- Clean hath detained a Servant Girl, Ann Brook, to the great Damage of the said Petitioner. Ordered that a Subpona do issue to summon the said Ann to the next Court. Alexander Bowlin v In Case William Poston Upon the testimony of Isaac Leet and the Debt being under fifty dollars and the said Defendant being in the Continental Service, Ordered that this Suit be dismissed at Plff's Cost. (42) Benjn Kerkendal and Isaac Cox Gent Present. John Camp- bell, Gent, absent. The Commonwealth ^^ x ^^ \/r \m Recognizance on Assault on Mary Mc- Callister. David Duncan On hearing the Evidence, Ordered that the said David Dun- can be bound over to answer the said Complaint of Elizabeth 110 Annals of the Carnegie Museum. McCallister in behalf of the Commonwealth exhibited against him, whereupon the said David with Zadock Wright his Se- curity came into Court and acknowledged to be indebted to Patrick Henry Esq Gov &c for the use of the State to be levied &c the sum of ;^2 5 each conditioned for the personal appear- ance of the said David at the next Grand Jury Court to be held for this County &c Joshua Wright, John Campbell Gent. Present. On the Recognizance of James Fleming and John Gibson (packhorse man) the parties not appearing being Solemny called Ordered the same to be put in Suit. Isaac Leet, Deputy Sheriff, in behalf of the high Sheriff of the County, entered his protest against the Goal of this County, he conceiving the same not sufficient to confine Prisoners. Ordered that the Sheriff pay Colo Isaac Cox the sum of Thirty pounds to be applied towards the pay for building the Court house and Goal, and Andrew Heth pay five pounds now retained in his hands for Samuel Ewalts, fine for keeping a dis- orderly house to the said Sheriff. Ordered that Ann Brook a Servant to Sarah Sample be and (43) remain with her mother Ann McClain untill next Court. Ordered that the Court be adjourned to tomorrow morning at 8 O'clock. John Campbell. The Court met in pursuant to adjournment Oct 29th 1777. Present : John Campbell, Isaac Cox, Samuel Newell, Rich- are Yeates, Andw Swearigen, Gentlemen Justices. Ordered that the Sheriff do Summon a Grand Jury to attend next Court. Zacheriah Connell, Gent. Then came the Plff, and Nathaniel Brown Richard Yeates Gent person- ally appeared in Court and undertook for the said Defendant that in Case he shall be Cast in this Suit He shall pay and satisfy the Condemnation of the Court or render his Body to Prison in Execution for the Same or the said Richard Yeates will do it for him. Whereupon the said Defendant prays and hath leave to imparl till next Court and then to plead &c Minutes of Court of Yohogania County. Ill The Commonwealth ^, t^ . The Prosecution not appeanng , ^ , Ordered to be dismissed. Jacob Judy Upon the Petition of David Day against Jacob Hendricks on Request of the Parties Ordered that this Suit and all other Suits now depending in this Court between the said Parties be referred to John Smith, William Campbell and William Vance, they being first sworn and make return to next Court. (44) The Commonwealth In Breach of the peace. V David Stone & Jas Davis James Fleming Prosr Then came the parties and upon hearing their Allegations, Ordered to be dismissed at the Plffs Cost. The Commonwealth In Assault & Battery V John Bradley David Irwin Pros. Ordered that the Prosecutor David Irwin and the Deft John Bradley give Security for their good behavior towards all the good Subjects of this Commonwealth till the next Grand Jury Court. Whereupon the said David Irwin with David Stone his Security and John Bradley with James Scott his Security ac- knowledged to owe to Patrick Henry Esq Gov & the sum of ;^2o each to be levied &c conditioned as per the order of the Court and that they dot depart the Court without leave &c Alexander Bowling V Then came the Plff, and James Scott Francis Morrison personally appeared in Court and un- dertook for said Defendant that if he Shall be Cast in this Suit he shall pay the Condemnation of the Court or render his body to Prison in execution for the same, or he, the said James Scott will do it for him, whereupon the said Deft, prays and has leave to imparl untill next Court and then to plead, &c. The Last will & Testament of Joseph Kirkwood deceased was proved by the Oaths of Nicholas Little and Geo Gillespie two of the Subscribing Witnesses and ordered to be recordered. (45) James Allison and Margaret Kirkwood came into Court and took the Oath of Executor and Executrix of the Estate of 112 Annals of the Carnegie Museum. Joseph Kirkwood, deceased, whereupon the said James Allison and Margaret Kirkwood with George Gillespie and John Mc- Dowell, their Sureties come into Court and enter into Bond for the due performance of their said trust. Ordered that Nicholas Little, Patrick McCollock and Patrick Scott or any two of them, being first sworn do apprais the Es- tate of Joseph Kirkwood deceased, and make return to next Court. John Campbell, Gent. Absent. John Ramage with William Ramage his Security come into Court and acknowledged to be indebted ;^5oo conditioned for the appearance of the said John Ramage at a Court to be held the 5th day of November next for the Examination of the said John Ramage. Ordered that the Treasurer of this Commonwealth pay to Colo John Campbell, the sum of ninety eight pounds current money to reimburse him, the said Colo Campbell, for money already furnished the wives and Children of poor Soldiers from this County, now in the Continental Service & for the farther Support for three months next ensuing, and that the Clerk draw on the treasury in favor of said Campbell, for the afore- said sum of ;^98 o o Current money. William McMachen V In Case John Greathouse Then came the parties and at ^ the request of the Plff Ordered that this Suit be dismissed. John Campbell Gent. Prest. (46) Bazil Brown V Robert Hamilton Then came the Plff, and Thomas Ham- ilton personally appeared Court and undertook for Sd Deft, that in Case he should be Cast in this Action, he Shod pay and Satisfy the Condemnation of the Court or render his Body to prison in Execution for the same or he the said Thomas Ham- ilton will do it for him. Whereupon the said Defendant prays and has leave to imparl untill next Court and then to plead. Ordered that this Court be adjourned to tomorrow morning at 8 oClock. John Campbell. Minutes of Court of Yohogania County. 113 October 30th 1777 The Court met Pursuant to Adjournment. Present : John Campbell, Isaac Cox, Andw Sweringen, Richd Yeates, Gentlemen Justices. Ordered that the Clerk issue a Summons for Christian Brooks, Daniel Rysher and Michael Rysher to appear before the next Court to be held for this County to give Testimony against Conrad Winmiller in behalf of the Common Wealth. Joshah Wright Gent. Present. Ordered, that Isaac Cox, Oliver Miller and Benjamin Key- kendal, Gent, or any two of them, be appointed to contract with a proper person or persons to build a sufficient Stone (47) Chimney in the Court house and Goal, to be carried up in the middle of the Building, with three fire places, one in each room of the Goal, and one in the part where the Court is held ; and to have the Court Rooms chunked and plastered ; also a good loft of Clap boards, with a window in each Glebe, and four pains of Glass of ten Inches by eight, and the Goal rooms to be plastered. Thomas Rankins v Jeremiah Stransbury, Case, Agreed. David Day v. Jacob Hendricks. Ass & Bat. refer' d John Lydia v Joseph Cox — Slander — Plu. Cap. Abraham Dale v. Richard Elson — Trespass. — Agreed Benj Jones v Patrick McDonald. — Ass & Bat. — Plu Cap Balser Shilling v Spencer Collins — Trespass. Plu Cap. Dorsey Pentecost v Chris McDonald — Case Plu Cap. Zacheriah Connell. v Abraham Vaughan . Debt. Plu Cap. Hugh Serling v Mordecai Richards — Ass & Bat Plu Cap David Willson v Henry Boling — Debt — Plu. Cap. John Spivy v Samuel Beeler. Trespass Plu. Cap. John Gallahar & wife v Christian Summon. Slander. Al Cap. John Smith v Sarah Dye — Debt — Cont'd Charles Reno v Lewis Clock — Case — Agreed. Robert McKeey v Moses Davison Case Cont'd View of the Jury upon the Petition of Paul Froman returned by the Sheriff and ordered to be recorded Ordered that the Court be adjourned to the Court in Course. John Campbell. 114 Annals of the Carnegie Museum. (48) At a Court continued and held for Yohogania county — De- cember 22 1777 Present : Isaac Cox, John McDowell, Richard Yeates, Olli- ver Miller, Gentlemen Justices. Inventory of Jonathan Reed deceased returned by the ap- praisers and ordered to be recorded — An Attachment, being obtained by Daniel Swigart against Benjamin Newgent, the Constable (John Johnston) having re- turned that he had executed the said attachment, on one horse, nine head of hogs, and a quantity of Rie in the Sheaf, and the said Benjh Newgent being Solemnly Called and not appearing to replevy the said attached Effects. — The said Dan- iel Swigart produced an account against the said Benjamin for ;^24 5 9 Pennsylvania Currency which he proved according to law. It is ordered by the Court that the said Daniel Swigart Plff. recover against the said Benjamin Defendant for Nineteen pounds eight Shillings and Seven pence farthing Current Money of the value of ;^24 5 9 Pennsylvania Currency Ordered that the Sheriff make sale of the aforesaid Attached Effects and Satisfy the Said Daniel Plff the Judgment and make return thereof. John Crow took the Oath of Capt of Militia. Maybury Evans produced a Commission from his Excy the Governor appointing him Lieut of the Militia of this County which being read the said Mayburry came into Court and took the oath of Lieut of Militia. Ben Keykendal, Gent, Absent. (49) Patrick Lafferty came into Court and took the Oath of En- sign of the Militia. Daniel Williams came into Court and enters himself Defend- ant in the stead of Casual Ejector in an Ejectment at the Suit of Isaac Vance and Enters &c Isaac Cox, Gent Absent. Isaac Cox Gent, having obtained an attachment against the Estate of Richard Richardson for two pounds two Shillings and eight pence, and the Sheriff returns that he has levied the said attachment on a trowel «!v: hammer, and the said Richard Rich- ardson being solemnly called and failing to appear and the said Isaac Plaintiff proved the said account, it is considered by Minutes of Court of Yohogania County. 115 the Court that the said Isaac Plaintiff recover against the said Richard Defendant the said sum of two pounds two Shillings and eight pence. Ordered that the Sheriff make sale of the aforesaid attached effects to Satisfy the said Judgment and make return thereof. Ordered on Motion of John Crow, his mark a Crop in the Left Ear and a Swallow fork in the right, be recorded. Ordered that the Ear mark of Jacob Shillings a half Crop in the left E^r and a Crop and a half Crop in the right Ear be recorded. Ordered that the mark of Richard Yeates a Crop and under keel in the left ear and two slits in the right year be re- corded. Ordered that the Ear mark of Olliver Miller, Gent a hole in the left year and two Slits in the right ear be recorded. Ordered that the Court be adjourned to tomorrow morning at 9 oClock. Isaac Cox. (50) Dec 23d 1777. The Court met according to adjournment. Present : John McDowell, Isaac Cox, Richd Yeates, Oliver Miller, Gentlemen Justices. The mark of Mayberry Evans a Swallow fork in the right ear and a Slit in the left, on motion of said Mayberry Ordered to be recorded. The mark of Richard Evans, a Swallow fork in the right ear and a Crop in the left ordered to be recorded. The Ear Mark of William Anderson two under half Crops on motion ordered to be recorded. The Mark of Michael Teggert a crop and three Slitts in the left Ear, on motion of said Michael ordered to be recorded. Bill of Sale Alexander Young to Joseph Wherry for 300 Acres of I^nd acknowledged by said Young party thereto or- dered to be recorded. On the Complaint of James Murphy and wife that a certain Jacob Jones hath for «ome time past forcibly detained George Alervine, the son of the wife of the said James Murphy to the great damage of the said James and Wife and against the peace and dignity of the Common Wealth. Ordered that the Said 116 Annals of the Carnegie Museum. Jacob Jones forthwith deliver the said George Alervine to the said James Murphy and wife. Charles Morris V In Debt ^ Thomas Rouse On Motion of Plff Ordered that this Suit be dismissed. (51) On the Petition of Andrew Heath &c, Ordered, that Robert Henderson, Zadock Wright, John Robertson, John Crow, Thomas Applegate and Andrew Dye, view a road, the nearest and best way from Pittsburg to Andrew Heaths ferry on the Monongahela River, and from thence to Becket*s fort. Upon the motion of Andrew Heath, ordered that he have leave to keep a ferry at his house across the Mongahala River. Benn Kekendal Wilm Goe, Gent present. On the Information of Oliver Miller Gent, that William Dunaghgan did on this day swear two prophane Oaths Ordered, that the said William William Dunaghgan be fined los for the same. Oliver Miller Gentleman returns five Shillings received from Martin Owens for Swearing. Ordered that the Sheriff receive the same. Isaac Leet returns that he hath received five Shillings from James Johnston for prophane swearing. Ordered that the Said Isaac Leet, Sheriff retain the same in his hands. Thomas Dickenson came into Court and enters himself Defendant in an Action of Ejectment at the Suit of James Roberts. Inventory of the Estate of Garret Newgill deceased returned by the appraisers & ordered to be recorded. Bargain and Sale. Paul Froman to Dorsey Pentecost for fourteen hundred acres of Land in this County was proved by the Oaths of James Allison, Isaac Leet, John Crow & John McDowell Gent, also the receipt thereunto annexed was proved by the oaths of the said John McDowell and John Crow, the Subscribing Witnesses to the Said Bargain & Sale & Receipt as aforesaid & ordered to be recorded (52) Bill of Sale. Isaac Cox to James Allison for one one thou- sand acres of Land in the County of Kentucke, acknowledged Minutes of Court of Yohogania County. 117 by the said Isaac Cox party thereto and ordered to be i-e- corded. David McClure Then came David McClure The Plain - V tiff, and John Crow personally appeared Patrick McElroy in Court and undertook for the said Defendant that in Case he shall be Cast in this Action he shall pay and Satisfy the Condemnation of the Court or render his Body to prison in execution for the same or he the said John Crow will do it for him. Whereupon the Defendant prays and has leave to imparl untill next Court and then to plead. Upon the motion of Oliver Miller Gent on behalf of Cathe- rine Dabler a servant to William Anderson that a certain Peter Brandon of the town of Pittsburgh now unjustly detains an Infant Girl born of the Body of the said Catherine. Ordered that the said Peter Brandon deliver the said Infant to the said William Anderson, it is also ordered to bring the said Infant before the next Court and that a Summons do issue to Cause the said Peter Brandon then to attend to Shew Cause wherefore he detains said Infant. Ordered, that the Sheriff collect from every Tythable person within this County, the sum of three Shillings as County Levies, and that he account with the Treasury of the Common Wealth for the same. (S3) Ordered that the Sheriff pay John Campbell Gent out of the County Collection, the sum of Eleven Shillings and one penny for holding an Inquisition on the body of John Kelso. Ordered that the Sheriff of this County pay John Bradley out of the County Collection the sum of four Shillings and two pence, for summoning an Inquisition on the body of John Kelso. Ordered, that the Sheriff payout of the County Collection to Richard Yeates, the sum of six pounds for laying two floors in a Goal formerly built for this district.^ Ordered that the Sheriff pay out of the County Collection to Dorsey Pentecost the sum of Sixty four Pounds ten Shillings and Six pence for Record Books, County Seal, and other papers for the Clerk's office of this County. * Doubtless this "Goal formerly built for this district, " was the jail on the late Wm. Gabby farm, at Augusta Town, about half a mile west of Washington. 118 Annals of the Carnegie Museum. Zadock Wright produced a commission from his Excellency appointing him Captain of the Militia which being read, the said Zadock Wright came into Court and took the Oath of Capt of the Militia. The Ordinary Keepers within this County are allowed to sell at the following rates one half pint wiskey One Shilling The same into Tody One Shilling Six pence A larger or lesser Quantity in the same proportion. Beer per Quart One Shilling For a hot Breakfast One Shilling & Six pence For a Cold Do One Shilling For a Dinner Two Shillings Lodging with Clean Sheets pr Night Six pence Stablidge for one horse 24 hours with good hay or fodder Two Shillings Pasturage for Do do One Shilling Oats or Corn per Quart Three pence Supper One Shilling & Six pence (54) Ordered that the above rates commence the fifteenth day of January next and not before. Ordered that this Court be adjourned to tomorrow morning at 7 oClock William Goe The Court met according to Adjournment December 24th 1777. Present : Isaac Cox, John McDowell, Richard Yeates, Ben- jamin Keykendal, Gent. Justices. Ordered that the Clerk set up a Copy of the Rates of Sale for ordinary Keepers within the County at different public places so as to make it as public as possible. William Goe and Oliver Miller Gent present Attachment being obtained by John Campbell and Joseph Simon against the Estate of (leorge Croghan for eight hundred and eighty eight pounds Pennsylvania Currency and the Sheriff of this County having returned that he had levied the said attachment in the hands of William Christy, Frederick Ferry, Geo Litenberger, Colo Archibald Steel, & David Duncan, and attached All the Effects in the hands of the said Garnishees, Minutes of Court of Yohogania County. 119 and the said George Croghan being Solemnly Called and fail- ing to appear to replevy what effects they have in their hands, the said George Croghan and Robert Campbell factor for the said John Campbell, and Joseph Simon Came into Court and produced an account against the said George Croghan for eight hundred and eighty-eight pounds, due upon Bonds for the payment of four hundred and forty four Pounds Pennsyl- (55) vania Currency which was proved by the said Robert Camp- bell. It is considered by the Court that the said John Camp- bell and Joseph Simon do recover Judgement against said George Defendant for the sum of four hundred and forty four Pounds Pennsylvania Currency of the Value of three hundred and fifty five pounds and four Shillings Virginia Money, with Interest from the i8th day of May 1775 untill paid and his Cost about this Suit in that behalf expended. Ordered that the said William Christy, Frederick Farrey, George Littenberger, Archibald Steel and David Duncan be summoned to attend the next Court, to shew what effects they have in their hands the property of said George Croghan and that the Sheriff make Sale for an towards Satisfaction of this Judgement and make Return thereof Mortgage from John Bowley to John Campbell Esqr bearing date the 14th day of November 1777 for a certain Quantity of Land &c on Shirteer's Creek was proved by the oath of Rob- ert Campbell and Andrew Heath, two of the Subscribing Wit- nesses and ordered to be recorded. Ordered, that the recommendation for Militia Officers of the 5th & 6th November last, by the Justices of this County, be confirmed as the Opinion of this Court, and they do hereby Confirm the proceedings of the said Justices respecting the Same, as the distressed Situation of this County demanded the particular attention of the said Justices at that time. Ordered, that Gabriel Cox be recommended to his Excel- lency the Governor as a proper person to serve as Major of this County in the stead of Henry Taylor who has resigned his Commission. Ordered that the Sheriff William Harrison retain in his (56) hands the sum of Seventeen pounds Seven Shillings part of the County Collection for Conveying John Millegan a Criminal to the Public Goal and other contingencies. 120 Annals of the Carnegie Museum. Ordered that the Sheriff Collect from Joseph Ross the sum of Twenty Shillings which was adjudged his fine for swearing last April term. Ordered that the Sheriff deliver Colo Isaac Cox the sum of Eighteen pounds to pay Paul Mathews due him as a Ballance for building the Court house and Goal. Upon the motion of William Harrison, Gent, ordered that the Clerk issue a Summons to Call John Stephenson, Thomas Gist, Joseph Beeler and Edmund Rice before the Court, to testify and the truth say what they know respecting the mar- riage of Catherine Harrison with Isaac Mason, on the part of the said Catherine.^ Masterson Clark obtained Judgment against Joshua Baker for Thirty one pounds Pennsylvania Currency. John James Wood Constable returns he has attached a Black horse and one Cow, and the Sd Joshua failing to appear to replevy the said attached Effects the Plff produced a Note of hand against the said Joshua Defendant for Thirty one pounds Pennsa Currency with Credit on the Back for three pounds two Shillings and six pence like Currency. It is Considered by the Court that the said Master- son Plff recover against the said Joshua Deft the sum of Twenty two pounds Six Shillings Current Money and his Costs about this Suit expended. Ordered that the Sheriff make Sale of the Attached Effects or as much thereof as will be of value Suffi- cient to Satisfy this Judgment and make return to next Court. (57) John Campbell and Joseph Simon obtained an Attachment against the Estate of Andrew Scott for four pounds Pennsyl- vania Currency, who is said to be so absconded that the Ordi- nary process of Law cannot be Served and the Sheriff having returned that he had levied the said attachment in the hands of Mathew Ritchey and the said Scott failing to appear and replevy though solemnly called and the said Campbell and Simon produced a proved account for the aforesaid four pounds Pennsa Currency, Ordered that the Sheriff make Sale of so much of the Estate of the said Andrew Scott, now in the hands of the said Garnishee as will be sufficient to Satisfy the said Plff for this Judgment of three pounds four Shillings and his Cost in this behalf expended. ^ See the record of this matter made April 28, 1778, post. Minutes of Court of Yohogania County. 121 David Ritchey and James Wright produced Commissions from his Excellency the Governor appointing them Captains of the Militia which being read as usual, the said David Ritchie and James Wright came into Court and took the Oaths of Cap- tains of Militia. John Lydea v Joseph Cox Case, PI C. Benjamin Jones v Patrick McDaniel Assault, P. C. Paulser Shillings v Spencer Collens Trespass, P. C. Dorsey Pentecost v Christopher McDonald Case, P. C. Zachariah Connell v Abraham Vaughan Debt, P. C. David Wilson v Henry Bowling Case, P. C. John Spivy v Samuel Beeler Case, P. C. Jno Gallaher & uxr v Christian Summet Slander, P. C. John Smith v Sarah Dye Debt, Cont'd Wm Harrison Special Bail. Joseph Lindsey v Geo Long Debt, Al Cap Thomas Gist v Henry Boyles Case. A. C. — Same — v Richard Waller. Case, A. C. Same v John Hall, Slander, A. C. (58) Hugh Brady v Jacob Feagley Case, Al Cap. Richd Swipicks v Jacob Jones, Case, A. C. Paul Froman v Robert McCrowry Debt, A: C: Francis Morrison v Daniel Swigart, Debt A: C: Henry Martin v Sam Patterson & D. Rennels, Debt, A: C: John Lawrence v Thos Rogers Case, A: C: Charles Norris v Thomas Rouse Case, dismissed George Sekley v John Ramage, Case, A: C: Susannah Sekley v Robert McKinley Case. A: C: Eli Williams v Philip Taylor Case, A: C: Thos Freeman, Gent, v Jno James & Saml Lynch, Case, A: C: Jacob Bausema v James Bradley Case, A: C Elizabeth Burriss v Naomi Tampman Case, A: C: Mary Burriss v Jno Johnson, M. Humble & Al, Case. A: C: James Johnston v Godfrey Waggoner — Case, A: C: Ordered that the Sheriff detain the Sum of six pounds out of the County Collection for his Public Services as by Law allowed. 122 Annals of the Carnegie Museum. Ordered that the Sheriff pay the Clerk of the Court the Sum of Six pounds for his Public Service as by Law allowed. Ordered that the Court be adjourned till the Court in Course. ; Isaac Cox. At a Court continued and held for Yohogania County March 23d 1778. Present : Isaac Cox, Joshua Wright Thomas Freeman, Benjamin Fry, Gentlemen Justices. Ordered that Mary Mills be appointed Administratrix of John Mills deceased, she complying with the Law. Where- upon the said Mary Mills came into Court and took the Oath of Administratrix of the Estate of John Mills deceased. Mary Mills with Joshua Wright and James McMahon came into Court and entered into Bond for her performance as Ad- ministratrix of the Estate of John Mills deceased. Zacheriah Connell and Joshua Wright Gent Present. Ordered that James Wright, John Wall and John Cox or any two of them being first sworn do appraise the estate of John Mills deceased and make return to this Court. Ordered that Joseph Tomlinson be appointed administrator of the Estate of Saml Tomlinson deceased he complying with the Law. Whereupon the said Joseph Tomlinson, came into Court and took the Oath of Administrator of the Goods, Chat- ties and Credits of the deceased and Entered into Bond with John Wall and William Bruce his Securities. Ordered that Isaac Williams, George Corn, and Robert Jack- man or any two of them being first sworn do appraise such of the Estate of Saml Tomlinson deceased as may be found in this County, and that John Mitchell, David Shepeard, James Garri- (60) son and Yeates Con well, or any three of them, they being "first sworn do appraise such of the said Estate as may be found in Ohio County and make Return to next Court. Joseph Wherry V Then Came the Plaintiff and James Pat- John White terson personally ai)peared in Court and undertook for the Defendant that in Case he Shall be Cast in this Suit he Shall pay and Satisfy the Condemnation of the Minutes of Court of Yohogania County. V2S Court or render himself to prison in Execution for the same or he the said James Patterson will do it for him. Whereupon the said Defendant prays and has leave to imparl untill next Court and then to plead, &c The last Will and Testament of John Vance deceased was proved by the Oaths of William Crawford and Samuel Hicks two of the Subscribing Witnesses and ordered to be recorded. Whereupon Margaret Vance and Edward Doyle came into Court and took the oath of Executor and Executrix of the Estate of the Said John deceased, and Entered into Bond accordingly. Ordered that Edward Rice William McKee, Edmund Lind- sey and James Blackson or any three of them they being first sworn do appraise the Estate of John Vance and make return to next Court. Oliver Miller and William Crawford Gent Present. John Stephenson Gent, named in the Commission of the peace came into Court and took the Oath of Justice of the peace, aforesaid. Archibald Hall V Then came the Plaintiff, and Bazil Thomas Bonfield Brown Personally appeared in Court and (6i) undertook for the Defendant that in Case he shall be cast in this suit he Shall pay and Satisfy the Condemnation of the Court or render his body to prison in Execution for the same, or he the said Bazil Brown would do it for him. Whereupon the said Defendant prays and has leave to imparl untill nixt Court, when he is to plead, &c. Joseph Cox V Then came the Plaintiff, and Thos Bond- John Williams field personally appeard in Court and un- dertook for said Defendant that in Case he was cast in this suit, he should pay and Satisfy the Condemnation of the Court or render his Body to Prison in execution for the same, or the said Thomas Bondfield would do it for him. Whereupon the Defendant prays and has leave to imparl untill next Court when he is to plead 124 Annals of the Carnegie Museum. Joseph Cox V Then came the Plff, and Francis Hull Theodore Davis personally appeard in Court and under- took for said Defendant that in Case he was Cast in this Suit he should pay and Satisfy the Condemnation of the Court or ren- der his body to prison in execution for the same, or that he, the said Francis Hull would do it for him. Whereupon the said Defendant prays and has leave to imparl untill next Court when he is to plead. Sale of the Estate of Garret Newgel deceased returned by the Administratrix and ordered to be recorded. Thomas Freeman, Gent, produced a Commission from his Excellency the Governor, appointing him Captain of the Mi- litia which being read, the said Thomas came into Court and took the Oath of Captain of the Militia. Thomas Prather, Levingston Thomas, & Nicholas Christ, produced Commissions from his Excellency the Governor ap- pointing them Lieutenants in the Militia of this County, which being read, the said Thomas Prather, Levingston Thomas, and Nicholas Christ came into Court and took the Oath of Lieuten- ants of Militia. Luke Decker and John Johnson produced Commissions from his Excellency the Governor appointing them Ensigns in the Militia, for this County, which being read the said Luke Decker and John Johnson came into Court and took Oath of Ensigns of the Militia. Thomas Cook V Then came the Plaintiff, and John Levingston Thomas Wall personally appeared and under- took that in Case the Defendant shall be Cast in this Suit, he shall satisfy the Condemnation of the Court or render his Body to the Prison of this County in Execution of the same, or he the said John Wall will do it for him. Whereupon the said Defendant prays and has liberty to imparl untill next Court and then to plead. John Decamp Gent named in the Commission of the peace came into Court and took the Oath of Justice of the peace. Minutes of Court of Yohogania County. 125 Bargain and Sale from Samuel Heth to Patrick McElroy for 300 acres of Land, acknowledged by said Heath and ordered to be recorded. Upon the Petition of John Rattan, Ordered that Peter Res- ner, George Berkhimer, Nicholas Christ and David Ritchie, (63) view a Road, the nearest and the best way from the house of Edward Cook crossing the Monongahela river at the house of John Rattan to Zebulon Collins on the Road leading from Per- kersons to Thos Egertons, they being first sworn and make Re- turn to next Court. Richard Yeates and Benj Kirkendal Gent. Present. Upon the information of Joseph Beeler Gent, that a certain Samuel Wells and Johanna Farrow doth at this time and hath for some time past beat wounded and evilly treated Ann the wife of the aforesaid Samuel. Ordered that the Clerk issue a Subpona to Call the said Samuel Wells and Johana Farrow before the next Court to be held for this County to answer to the above charge and that Joseph Davis and Hannah his wife, John Crawford and Effee his wife, John Minter, Moses White, and Edmond Lindsey be subponed as Witnesses. Ordered that the Court be adjourned to tomorrow morning at 7 oClock. W. Crawford. March 24th 1778, the Court met pursuant to adjournment. Present : John Campbell, Isaac Cox, Richard Yeates, Joshua Wright, Wm Crawford, Oliver Miller, Zacheriah Connell, John Decamp, Benjn Fry, Thos Freeman, Gentlemen Justices. Lease Charles Norris to William Nation for two hundred acres of Land acknowledged by said Norris party thereto and ordered to be recorded. The last Will and Testament of William Chaplin deceased was proved by Charles Bilderback and William Nation two of the subscribing Witnesses and Ordered to be recorded. (64) Benj Kirkindal present. Upon the motion of James Wherry in behalf of Joseph Wherry Plff against John White Deft Ordered that a Dedimus be issued to take the Examination of Thomas McDowell, Mathew Wilson, and William Wilson, Inhabitants of Cumber- 126 Annals of the Carnegie Museum. land County in the State of Pennsylvania without being directed to any Particular Majistrates of the Said County. John Campbell Gentlemen objects to the above Order. John Stephenson Gent present. Upon motion of John Jackson, Ordered that his mark, a Crop and slit in the near Ear and under slit in the right Ear be recorded. Upon motion of George Rowler, Ordered that his Mark, two Swallow forks in the left Ear and two half pennys in the Right be recorded. Ordered that Lettice Griffeth be appointed Administratrix of the Estate of Edwd Griffeth deceased she complying with the Law. Whereupon the said Letice came into Court with John Wall and James Wright her Security and entered into bond and took the Oath accordingly. Ordered that William Rice John Smith Nathaniel Brown and Henry Daniel do appraise all the Goods, Chatties and Credits of Edward Griffeth and make return to next Court. James McGoldreck, being charged with pulling down and demolishing a Block house erected by Orders of General Hand for the preservation of the Inhabitants at Pittsburg, and the said James being brought into Court Confessed the Charge : Ordered, that the said James be held in One hundred pounds, with two Securities of fifty pounds each, for the appearance of the said James before the next Grand Jury Court, otherwise to remain in Custody by the Sheriff. (65) John Campbell William Crawford John Decamp Jno Mc- Dowell, Benjamin Fry and Benjn Kirkindal Gent, Absent George Vallandingham Gent, Present. Bill of Sale. Susannah Nugent to Mordecai Richards proved by the Oaths of Michael Teggart, and Richard Richards, two of the Subscribing Witnesses and ordered to be recorded. Richard Yeates Gent objects to this Order. Bargain and Sale. Thomas Marshall to James Parker for a certain tract of Land on the waters of Chirteers. Acknowl- edged by said Marshall party thereto, and ordered to be recorded . Bargain and Sale. William Poston to James Ellis for a Survey proved by the Oath of Benjamin Collins one of the Minutes of Court of Yohogania County. 127 Subscribing witnesses. Ordered that a Dedimus do issue to take the Examination of Catherine Collins a Subscribing Wit- ness to the above Bill of Sale. Daniel Jacobs came into Court and took the Oath of Lieu- tenant of the Militia. Michael Martain produced a Commission from. his Excellency the Governor appointing him Lieutenant of Militia which being read as usual the said Michael came into Court and took the Oath of Lieut of the Militia. Michael Martain enters himself Defendant in an Action of Ejectment at the Suit of the Lesse of John Washington, in the room of the Casual Ejector. James McGoldreck with Michael Tygert and Robert Hender- son his Suretys, the said James in the sum of ;£ioo and the said Sureties in ^50 each, for the appearance of the said James before the next Grand Jury Court. Bargain and Sale James Roberts to Thomas Dickerson ac- knowledged by said Roberts and ordered to be recorded. (66) Enoch Springer and Cornelius Manning being summoned as Garnishees at the Suit of William Dunnaighan against Ben- jamin Newgent came into Court and deposed that the said Springer hath four pounds two shillings Pennsylvania Cur- rency, and the said Manning five pounds five shillings. and nine Pence, like money and no more of the Estate of the said Benjamin. View of a road from the Court house to Pittsburg, returned by Zadock Wright and Robert Henderson, viewers ; passing by Zadock Wright's fields on Peters Creek, thence along the dividing Ridge passing the Widow Lapsleys, thence along the Old Road to Ste^v'art's, thence along the old road to Jacob Bousman's ; Ordered to be Confirmed. Ordered that Zadock Wright be appointed Overseer of the Road from the Court house to Martha Lapsley's ; Robert Henderson, Overseer of the Road from Martha Lapsley's to Jacob Judy's; and Sebastian Frederick, Overseer of the Road from Jacob Judy's to Jacob Bousman's; and that the Tythable Inhabitants within three miles on each side of said Road work on and keep it in repair together with the Inhabitants of the town of Pittsburg. 128 Annals of the Carnegie Museum. William Brashiers V In Case. Then came the Plff, Robert Robert Hamilton Hamilton having been Called failed to ap- pear. Then came a Jury to wit. Gabriel Cox John Hogland, James Wright, Nicholas Christ, Banjamin Vannatre, Jacob Bause- man, William Christy, Pearce Noland, Benjamin Collens, Patrick McElroy, Zadock Wright and David Ritchie, who say they find for Plff Two hundred pounds damages with Costs of Suit. Bargain and Sale. Isaac Cox to John McDowell for one (67) thousand Acres of Land in Kentucke County, acknowledged by the said Cox and ordered to be recorded. William Goe Gent. Present. Bargain and Sale. Isaac Cox to Garrat Vineman for five hundred acres of Land in Kentucke County, acknowledged by said Cox and ordered to be recorded. Bill of Sale. John Campbell to Ignace Labat for a house and Lot in the town of Pittsburg, acknowledged by said Camp- bell and ordered to be recorded. Elizabeth Burris v Then Came the Plaintiff, and John Nahomy Tapman Lydia Personally appeared in Court and undertook for the Defendant that in Case he shall be cast in this Suit she shall Satisfy and pay the Condemnation of the Court or render her body to prison in Execution for the same or he the said John Lydia would do it for her. Where- upon the said Nahomy prays and has leave to imparl untill next Court and then to plead. Mary Ferry and Samuel fewalt are appointed Administrator and Administratrix of the Estate of Frederick Ferry deceased they complying with the law. Whereupon the said Samuel and Mary came into Court and took the Oath and Entered into Bond accordingly. Ordered that David Duncan, John Ormsby, and Willm Christy and John Anderson or any three of them being first sworn appraise the Estate of Frederick Ferry deceased and make Return to next Court. John Lydia V Then came the Plff, and and John Douglass Joseph Cox personally appeared in Court and undertook for Minutes of Court of Yohogania County. 129 the Defendant that in Case he should be Cast in this Suit he should Satisfy & pay the Condemnation of the Court or sur- render his body to the Prison in Execution for the same or that he the said John Douglass would do it for him. Whereupon (68) the said Deft prays and has leave to imparl untill Next Court and then to plead. James Murphy V Then came the Plff, and John Wall per- Jacob Jones sonally appeared in Court and undertook for the Defendant that in Case he Shall be Cast in this Action he shall Satisfy the Condemnation of the Court or render his body to prison in Execution for the same or that he the said John Wall will do it for him. Whereupon the said Defendant prays and has leave to imparl untill next Court and then to plead. John Whitaker, a minister of the Gospel, came mto Court and took the Oath of Allegience & fidelity, as directed by an act of General Assembly, intituled an Act to Oblige the free male Inhabitants of this State, above a certain Age, to give Assurance of Allegience to the same and for other purposes. Bargain and Sale. Thomas Cook & Michael Thomas to John McMullen for three hundred and thirteen Acres of Land acknowledged by said Cook and Michael Thomas and ordered to be recorded. Bargain and Sale. Thomas Egerton to John McDowell, proved by the Oath of Isaac Leet, James Bradford and James Allison and Ordered to be recorded. The last Will and Testament of James Pearce deed was proved by the Oath of James Wall, Joseph Warner and Walter Wall, Subscribing Witnesses thereto and ordered to be recorded Bazil Brown In Case V Robert Hamilton Then Came the Plaintiff and then came also a Jury, to wit Gabriel Cox John Hogland, James Wright, (69) Nicholas Christ, Benjamin Vannatre, Jacob Bousman, Wijliam Christy, Pearce Nowland, Patrick McElroy, Zadock Wright, David Ritchie and John Wall, who being sworn say they find for the Plff thirty pounds damages with Costs of Suit. 130 Annals of the Carnegie Museum. David Duncan a Garnishee in behalf of John Campbell against George Croghan, came into Court and says on Oath that he hath in his hands One hundred and Seventy nine Bush- ells and three pecks of Corn for which he has agreed to pay one Dollar per Bushell and no more of the Estate of the said George in his hands. William Dunaughagain having obtained an Attachment against the Estate of Benjamin Nugent for three hundred and forty seven Pounds ten shillings Pennsylvania Money and the Sheriff having returned that he had levied the Said Attachment in the hands of Enoch Springer and Cornelius Manning and summoned them as Garnishees who this day came into Court and say that they have Nine pounds, fifteen Shillings and nine pence Pennsylvania Currency in their hands and no more of the Estate of the said Benjamin in their hands and the said Benjamin failing to appear and replevy the said Attached Ef- fects tho Solemnly Called the said William produced a Bond against the said Benjamin for the aforesaid Sum of three hun- dred and forty seyen pounds ten shillings Current Money of Pennsylvania. It is considered by the Court that the sd William recover against the said Benjamin the sum of two hun- dred and seventy eight pounds Current Money with Interest from the first day of October 1777 untill paid with Costs. Ordered that the Sheriff Collect the said money from the said Garnishees and pay it towards Satisfying this Judgment and make return of his proceeding to this Court. Ordered that a Dedimus issue for the Examination of Eleanor Ackerson witness between John Lydia and Joseph Cox (70) Ordered that Casper Sickler be allowed two days attendance as a Witness attending Court in the suit of William Brasheers V Robert Hamilton. Ordered that Thomas Talbert be allowed twelve days as a witness in said Suit. Ordered that a Dedimus issue for the Examination of John Crow a Witness in the Suit of Hugh Braudy against Jacob Feagley Upon the motion of Thomas Applegate on behalf of Cathe- rine Dablin now a Servant to the said Thomas that a certain Peter Brandon of the town of Pittsburg now unjustly detains an Minutes of Court of Yohogania County. 131 Infant Girl born of the body of the said Catherine. Ordered that the said Peter Brandon deliver the said Infant Girl to the said Thomas Appelgate who is ordered to bring the Said Infant Girl here before the next Court to be held for this County. Mathew Ritchey Gent Present. Ordered that a Dedimus issue for the Examination of Casper Sickley a Witness in Behalf of William Brashiers against Robert Hamilton. Upon Motion of Thomas Hamilton in behalf of Robert Hamilton praying a New Tryal and farther Hearing in the Suit of William Brashiers against Robert Hamilton. It is the Opinion of the Court that the Said Suit be reheard William Brashiers V Then came the Plaintiff, and personally Robert Hamilton appeared Thomas Hamilton and under took for the Defendant that in Case he shall be cast in this Suit he shall Sstisfy and pay the Condemnation of the Court or render his body to prison in Execution for the same or he the said (71) Thomas would do it for him, Whereupon the Defendant prays and has leave to imparl till next Court and then to plead. Ordered that the Court be adjourned to tomorrow morning 7 oClock. John Canon. March 25th 1778 — The Court met Pursuant to adjournment. Present : John Campbell, William Crawford, Richard Yeates, John Decamp, John Stephenson, Joshua Wright, John Mc- Dowell, Zacheriah Connell, Gentlemen Justices. Upon the motion of Thomas Hamilton in behalf of Robert Hamilton praying a new Tryal and farther hearihg of the suit of Bazil Brown it is the Opinion of the Court that the Said Suit be reheard. Bazil Brown V Then came the Plaintiff, and Thomas Robert Hamilton Hamilton personally appeared in Court and under took for the said Defendant that in Case he shall be cast in this Suit he shall pay and satisfy the Condemnation of the Court and Costs of Suit or render his body to prison in 132 AxxALs OF THE Carxegie Museum. Execution for the same or that he the said Thos Hamilton would do it for him. Whereupon the said Defendant prays and has leave to imparl untill next Court and then to plead. Ordered that a Dedimus do issue to take the Examination of Casper Sickler a witness in behalf of Bazil Brown against Robert Hamilton. Present : Isaac Cox, Wm Goe Oliver Miller Mathew Ritchey Saml Newell Thos Freeman, Benjn Kerkendal, John Cannon, & George Valandingham, Gent Justices. (72) Ordered that John Stephens(Mi and Isaac Cox be recom- mended as proper persons to serve as Colonels of the Militia, Joseph Beeler and George Valandingham as Lieutenant Colonels and William Harrison and Gabriel Cox as Majors of Militia. William Christy came into Court being summoned as Gar- ni.shee in behalf of John Campbell and Joseph Simon against George Croghan ; being sworn, saith that he hath two pair of Geers, one old ax, one old Spade, one pitch Fork one small box of Iron and an old Lanthom, and no more of the Estate of said George in his hands. John Stephenson & Isaac Cox produced Commissions from his Excellency the Governor appointing them Colonels of the Militia which being read the said John and Isaac came into Court and took the Oath of Colonels of Militia. John Campbell, William Crawford Zachy Connell, John Cannon, John Stephenson,* John Decamp, Gent, absent. Gabriel Cox produced a Commission from his Excellency the Governor, for appointing him Major of Militia, which being read the said (iabriel came into Court and swore into said Commission George Vallandingham produced a Commission from the Governor appointing him Lieut. Colonel of the Militia, which being read the said George Vallandingham came into Court c\: Swore to his Commission Charles Reed came into Court and produced a Commission from his Excellency the Governor appointing him Lieutenant of Militia, which being read the said Charles came into Court and Swore to said Commission. David Lefergee produced a Commission from his Excellency (73) the Governor appointing him Ensign of the Militia Whereupon the said David came into Court and Swore to his Commission. Minutes of Court of Yohogania County. 133 Edmund Baxter produced a Commission from his Excellency the Governor appointing him Captain of the Militia. Where- upon the said Edmund came into Court and swore into his Commission. Samuel Smith produced a Commission from his Excellency the Governor, which being read the said Samuel came into Court and Swore into his Commission. Upon the Petition of Samuel Cook, setting forth that he is desirous of building a Water Mill on Brushy Run, a Branch of Chirteers Creek ^ and praying for an Order for the Condemna- tion of one acre of Land on the opposite side of said Run to said Cooks Land : Ordered that the Sheriff summon a Jury of Twelve Free holders of the Vicinage, to meet on the Said Land petitioned for and they being first sworn shall diligently view the said Lands and Lands adjacent thereto on both sides of the Run together with the Timber and other conveniences thereon, with the true value of the Acre, and of the damages done to the party holding the same, and report the same to the next Court under their hands and seals Ordered that a Dedimus issue to take the Examination of Hatton Wells in behalf of Zacheriah Connell against Samuel Wells. Oliver Miller Gent returned ten Shillings received from Thomas Pritchard & Philip Dougherty for swearing two pro- fane Oaths Ordered that the Sheriff receive the said Money and account with the Court at the laying of the levy. Bargain and Sale, from John Harry to Robert Henderson for a tract of Land acknowledged by the said Harry and ordered to be recorded. John Greathouse is appointed Administrator of Daniel Great- (74) house deceased he complying with the Law, Whereupon the said John Came into Court with Thos Cook and Samuel Smith his Securities, entered into Bond and Oath accordingly. Ordered that Nathaniel Tomblinson Benjamin Tomblinson, John Baxter and Edmund Baxter or any three of them appraise the Estate of Daniel Greathouse deceased and make report to next Court. 1 Can this be the Brush Run emptying into Chartiers Creek within a mile below Canonsburgh ? 134 Annals of the Carnegie Museum. Enoch Springer is appointed Administrator of the Estate of l^muel Davis, he complying with the I -aw. Whereui)on the said Enoch with John Springer his Security came into Court and entered into Bond and Oath accordingly Ordered that Benjamin Reno, Christopher Miller Thomas Redman & Samuel Rice or any three of them, they l>eing first sworn to appraise the Estate of I^muel Davis deceased, and make rei)ort to next Court. William Christy is ap[X)inted Administrator of the Estate of Francis Brown deceased, he complying with the Law. Where- upon the said Christy came into Court with Samuel Evalt his Security and entered into bond and oath accordingly Ordered that Jacob Bousman, Samuel Evalt, David Duncan and John ( )rmsby or any three of them being first sworn to ap- praise all the goods Chatties and Credits of Francis Bro^Ti de- ceased and make Return to next Court. On motion of Charles Reed, ( )rdered that his Mark a Crop in the left Ear and a Crop and Slit in the right Ear be recorded. On Motion of John Hall, Ordered that his Mark, a slit in the left Ear and a Crop in the right VIslt be recorded (75) V[)on Motion of Thomas Applegate, Ordered that his Mark a Croj) and hole in the near I'^r be recorded. Thomas (iisl v Then came the PIff, and Isaac Pearce Richard Waller personally aj>peared in Court and under- took for the defendant that in Case he shall l)e cast in this Suit he shall pay and Satisfy the Condemnation of the Court or render his bo<ly to prison in Execution for the Same, or that he the said Isaac Peart e would do it for him. Whereupon the Defendant prays and has leave to imparl unlill next Court and then to plead. The Commonwealth \' Ja(ol) Shilling' (atriminalj beinij charged with a dissafection to the Common Wealth. Then tame the Defendant, who ]»leads. Not (iuilty : Where- upon (\nne a Jury, to \\\\ : Patrick M< Kirov, lia/il Brown. Minutes of Court of Yohogania County. 135 Benjamin Vanatre, John Custard, James Ellison, Pierce Noland, William Marshall, Sen ; William Marshall Jun, John Munn, John Greathouse, Robert Henderson & John Morrison ; who say that the Prisoner is Not Guilty. Inventory of the Estate of Jeremiah Wood, deceased, returned by the appraisers & ordered to be recorded. Thomas Gist V Then came the Plaintiff, and Isaac Pearce John Hall personally appeared in Court and undertook for the Defendant, that in Case he shall be cast in this Suit he shall satisfy and pay the Condemnation of the Court or render his body to prison in Execution for the same or that he the said Isaac Pearce would do it for him. Whereupon the Defendant prays and has leave to imparl untill next Court and then to plead. Charles Bilderback produced a Commission from his Excel - (76) lency the Governor, appointing him Ensign of the Militia. Whereupon the said Charles came into Court and swore into said Commission. Isaac Pearce produced a Commission from his Excellency the Governor appointing him Captain of the Militia. Where- upon the said Isaac Came into Court and Swore to said Com- mission Josiah Springer produced a Commission from his Excellency the Governor appointing him Captain of the Militia. Where- upon the said Josiah came into Court and swore to said Com- mission. George Redman produced a Commission from his Excellency the Governor, appointing him Lieutenant of Militia. Where- upon the Sd George came into Court and swore to said Com- mission . Elijah Pearce produced a Commission from his Excellency the Governor, appointing him Lieutenant of Militia. Where- upon the said Elijah came into Court and Swore to said Com- mission. Richard Waller produced a Commission from his Excellency the Governor, appointing him Lieutenant of Militia. Where- upon the said Richard came into Court and Swore to said Com- mission. 136 Annals of the Carnegie Museum. Ordered that a Bill of Indictment be preferred to the Grand Jury against John Nelson, for assalting John Johnston Con- stable in the Execution of his Office. Ordered that a Bill of Indictment be preferred to the Grand Jury against Henry Newkirk Isaac Newkirk Carter, John Williams John Hull Thomas Reed and Henry Hull, for refusing to assist the Constable in the Execution of his Office when assaulted in the same. Bill of Sale. James Vanatre to Henry Morrison, proved by the Oaths of John Munn & John Morrison the two Subscribing witnesses and Ordered to be recorded. (77) Robert McKey V Moses Davison Case Ordered to be dismissed at the Plaintiffs Request. Upon the motion of Thomas Cook, Ordered That he have leave to keep a Ordinary at his dwelling House the ensuing year, he complying with the Law. On motion of Jacob Bousman Ordered that he have leave to keep an Ordinary at his Dwelling house, opposite the town of Pittsburgh, for the ensuing year, he complying with the Law. Upon the motion of John Munn ordered that he have leave to keep an Ordinary at his Dwelling house, the ensuing year, he complying with the Law. Jacob Shilling came into Court & Swore the peace against John Nelson, who is ordered to give Security for his peaceable deportment and good demeanor for one year, next ensuing, the said John Nelson held in fifty pounds, and Chrisley Crawbill his Security in fifty pounds. Upon motion of William Christy Ordered that he have leave to keep an Ordinary at his Dwelling house in the town of Pitts- burgh, the ensuing year, he complying with the Law. L'pon the motion of Josiah Snowden, Ordered that his mark a Crop and Slit in the left Ear and an Under an iiper Slit in the rii;ht ear be recorded. C>rdered that Jonathan Rogers, Thomas Wilson. David Phillips William Nemons, George Gillespie John White Junr, Benjamin Wells, Moses Bradley, Nicholas Harrison, Jonathan Minutes of Court of Yohogania County. 137 Philips, Bazil Weeks, John Hull and Benjamin Vanatre be ap- pointed Constables the ensuing year and that they be summoned to next Court to qualify into said Office. (78) William Bruce and Thomas Pollock produced Commissions from his Excellency the Governor which being read the said William and Thomas came into Court and swore to said Com- missions. Ordered that the Court be adjourned to tomorrow at 7 oClock. John Canon. March 26th 1778, the Court met according to adjournment. Present : John Cannon, Richard Yeates, Joshua Wright, Samuel Newell, William Crawford, Gentlemen Justices. Upon the Petition of John Johnston ; Ordered that Gabriel Cox, James Wright, Nathaniel Blackmore, and Paul Froman, or any three of them, they being first sworn view a road the nearest and the best way from the Court house to Pentecost's Mills * on Chirteers Creek and make Return to Next Court. Benjamin Jones v Patrick McDonald, Assault. P. C. Paulser Shilling v Spencer Collins, Trespass P. C. Dorsey Pentecost v Christopher McDonald The Defendant being arrested and failing to appear, tho' Solemnly called. On motion of the Plaintiff It is ordered that unless the Defendant shall appear at the next Court and answer the plaintiffs Action that Judgment shall be then given against the said Defendant and his Ap- pearance Bail for the Damages in the Declaration mentioned & Costs (79) Zachariah Connell v Abraham Vaughan Debt P. C. David Wilson v Henry Bowling Debt P. C. John Spivy v Samuel Beeler. Trespass P. C. John Gallaher & wife v Christian Sumitt Slander P. C. Joseph Lindsey v George Lang Debt P. C. Richard Swipicks v Jacob Jones. Case P. C. Paul Froman v Robert McCrowdy Debt P. C. Frances Morrison v Daniel Swigart Debt P. C. Henry Martin v Samuel Patterson Debt — Agreed. ' Now, or late Beck's Mills, or Linden, North Strabane tp. 138 Annals of the Carnegie Museum. John Lawrence V Thomas Rogers The Defendant being arrested and failing to appear tho Solemnly Called, On Motion of the PlaintfT It is Ordered that unless the Defendant shall appear at the next Court and answer the Plaintiffs Action that Judgment shall then be given against the said Defendant his appearance Bail for the Damages in the Declaration mentioned and Costs. George Sekley v John Ramage Case, P. C. Susannah Sekley v Robert McKindley Case, P. C. Eli Williams v Philip Tabor Debt Agreed Thomas Freeman v J no James & Saml Lynch Case, P. C. Jacob Bousman v John Bradley Case. P. C. John Johnston — \ Mary Burris v Michael Humble — - Case P C Abraham Jones — 3 James Johnston v Godfrey Wagoner Case P. C. Jacob Shilling v Henry Newkirk Case A. C. Same v Same Debt A: C: James Dunaghagan v James Gray Case A: C: Paul Froman v John Dean Case A: C Thomas Cook v Richard Dickerson Case A: C William Thompson v John Fife Senr Assault A: C James Miller v Jacob Peatt Case Agreed. Francis Reno produced a Commission from his Excellency the (Governor api)ointing him Lieutenant of the Militia which being read the said Francis Came into Court and swore into said Commission (80) Maybary F-vans produced a Commission from his Excellency the (iovernor apiK)inting him Captain of the Militia which being read, the said Maybury came into Court and Swore to his Commission (ieorge Waddle produ( cd a Commission from his Excellency the Ciovcrnor, apj)ointing him Kn>ign of the Militia which l>cing read the s^iid George tame into Court and Swore to his Comnii:sion. Joseph Van< c and David Cox proilutcd Commissions from his K\( cllcn< y the (iovernor appointing them Lieutenants in Minutes of Court of Yohogania County. 139 the Militia which being read the said Joseph and David came into Court and Swore to said Commissions. Ordered, that the Wife of Robert Crawford a poor Soldier now in the Continental service, be allowed the sum of four pounds per month for the support of herself and three Children ; and that this Court do draw on the Treasurer of this Common Wealth for the same. Ordered, that Sarah Stewart, the wife of Stewart, a poor soldier in the Continental service, be allowed the sum of three pounds per month, for the support of herself and two Children, to commence the 25th day of January last, and that this Court do draw on the Treasurer of this Common Wealth for the same. Ordered that Colo John Campbell pay unto Richard Yeates Gent, the money now in his hands-allowed to Mrs Nox for her and Childrens Support by a former Order of this Court and this Court and the said Mr. Yeates is requested to deliver the said money to said Mrs Nox. (81) Ordered that Colo John Campbell pay to Benjamin Fry Gentleman the money now in his hand allowed the wives of William and Abraham Ritchey for their and Children's Sup- port by a former Order of this Court and the said Fry is requested to pay said money to said women. Joshua Wright, Gent, absent. John Campbell produced an Indenture from John Milligan and Martha Milligan, binding Wm Milligan to Robert Camp- bell untill he arrives to the age of Twenty one years and prays the Consent of the Court to said Indenture which is accordingly consented to. Ordered that John Minter, Maybery Evans, Nathan Ellis, Edward Kemp, Josiah Record, and James Scott be recom- mended to his Excellency as proper persons to serve as Captains of Militia and John Mason, James Hopkins Samuel Newell, John Chamberline Willm McCarmick Richard Crooks Nathl Blackmore Francis Reno, Robert Henderson, Thomas Lapsley, Willm Everard George Long Thomas Reed John White Junr & James Wherry as Lieutenants of Militia and Robert Newell, Michael Tygert Lewis Reno, George Wadale George Christ, Isaac McMichael William Murley, Edmund Riggs Samuel Johnston & Samuel Alexander as Ensigns of Militia. 140 Annals of thk Carnegik Museum. Josiah Records produced a Commission from his Excellency the (Governor appointing him Captain of the Militia which was read and sworn to accordingly. (82) (Jeorge Long produced a C'ommis.sion from his Excellency the (iovernor appointing him Lieutenant of Militia which was read and sworn to accordingly. Samuel Newell produced a Commission from his Excellency the Governor appointing him Lieutenant of Militia which was read and sworn to accordingly. rpon the Motion of Zadock Wright Ordered that his Mark an under bit in the right ear and crop and slit in the left ear be recorded. (Ordered that the Effects of (ieorge Croghan in the hands of David Duncan and William Christy by them returned as (Gar- nishees at the Suit oC John Campbell and Joseph Simon against said Croghan be secured by the Sheriff for further proceedings thereof, and that an attachment issue against George Lighten- berger who was summoned (iarnishee in behalf of the Plaintiffs in said Suit and failed to appear to declare how much and what of the Estate of the said (ieorge was in his hands. Ordered that the Court be adjourned to the Court in Course. W. Crawford. ( To he lontinuid. ) ANNALS OF THE CARNEGIE MUSEUM VOLUME II. NO. 2. Editorial. The work of the various members of the Staff of the Museum during the spring and early summer has yielded important and substantial re- sults in the way of permanent accessions to the various collections. The expedition to Costa Rica under the care of Mr. C. V. Hart- man has resulted in the acquisition of a large amount of very valuable archaeological material from that country. Among the things ac- quired is the splendid collection of objects of jade and jadeite formed by Sefior Don Jose Maria Velasco, which for a number of years has been on deposit in the Museum of Archaeology of the University of Pennsylvania. In addition to this collection Mr. Hartman has suc- ceeded in purchasing several others of scarcely less importance, and has made a number of excavations at points of interest, resulting in the recovery of a great quantity of prehistoric material, which will tend to supplement the display of material obtained by the direct expenditure of money in the way which has been mentioned. Mr. Carnegie with signal generosity has authorized the purchase of the great collection of European fossils in the possession of the Baron de Bayet, of Brussels. This is one of the largest and most im- portant collections of its kind in Europe, and its transfer to the Car- 141 142 Annals of the Carnegie Museum. negie Museum will tend to make the institution a focal point for pale- ontologists who wish to familiarize themselves with the results of the labors of European students in their favorite field of research. The Director of the Museum is making arrangements to have the entire col- lection brought over from Belgium to Pittsburgh in the near future. The expedition to Florida in quest of ornithological material under the care of Mr. Todd resulted in the acquisition of over thirteen hun- dred specimens, representing a great deal of desirable material. Mr. J. A. Shafer, who accompanied Dr. N. L. Britton, of the New York Botanical Garden, to Cuba, returned in the latter part of May, having remained somewhat longer on the island than did the leader of the expedition. The result of the joint labors of the two collectors has been the addition to the herbarium at Bronx Park and at the Carnegie Museum of about a thousand species of plants in good condition. The fourth Memoir of the series now in process of publication by the Museum, before these lines are printed will have come from the press and been distributed. It is a masterly paper by Dr. William Harris Ashmead, of the United States National Museum, based upon the collection of South American Chalcidoidea made by Mr. Herbert H. Smith, and belonging to the Carnegie Museum. Dr. Ashmead is recognized as being one of the very foremost students of the hymen - optera now living. We hope to be able shortly to publish still other papers from his pen. He has now in hand other portions of the great collections belonging to the Carnegie Museum, and has promised to report upon them. Dr. Ashmead comes very honestly by his taste for scientific and lit- erary labor. He is descended from a long line of intellectual and dis- tinguished men. His mother was the daughter of Thomas Graham, a lineal descendant of James Fitz-James Graham, the Earl of Montrose, or * * Claverhouse, " whose name is famous in Scottish story. His grandfather, Thomas Graham, was one of the founders of the public school system in the city of Philadelphia. Another ancestor, John Kittera, was Chief Justice of Pennsylvania during the Revolutionary Editorial. 143 War. Through his paternal grandmother he is descended from Dr. George Lehman, who was staff surgeon with General George Wash- ington at Valley Forge, Staten Island, Perth Amboy and elsewhere. He is also descended from General von Lasher, who was one of the German officers who rendered distinguished services during the Amer- ican Revolution to the cause of the colonists. His cousin, Mr. William Ashmead Bartlett, of London, has figured prominently in university and political circles in England. The reproduction of the skeleton of Diplodocus camegii which Mr. Carnegie has authorized for the purpose of presenting the same to the British Museum, is going on as rapidly as can be expected. The work is one of great difficulty, and requires vast care and patience, so that all the characteristic features of each bone may be represented accurately. The paleontologists in the field report themselves as being very successful. Mr. C. W. Gilmore having completed his labors in the Freeze-out Mountains of Wyoming, has repaired to western Kansas, where he will work during the remainder of the summer in the chalk. Mr. Earl Douglass is hard at work in Montana. Mr. Hatcher has at latest advices returned from a geological reconnoissance on the southern borders of the British territory adjoining Montana, and thence went into the region of the Judith River. He reports the party as well and prospering, but finding the weather disagreeable and inclement. While Pittsburgh has been sweltering under torrid skies our explorers have been rained and snowed upon daily. Mr. O. a. Peterson is at work upon a monograph of the fossils of camels, which he has recently discovered, and one of the skeletons of which will this summer be set up in the laboratory. The material obtained last summer in Nebraska is very fine, and will serve well to illustrate some of the rarer and little known species of extinct Cam- elidae. Professor Charles R. Eastman, of Harvard University, will write up and describe the fossil fishes contained in the collection which has just been secured by Mr. Carnegie from the Baron de Bayet. 144 Annals of the Carnegie Museum. Professor A. E. Ortmann has assumed his position as Curator of Invertebrate Zoology at the Carnegie Museum. He reported for duty on the first day of July. He is at present engaged in making an in- ventory of the collections contained in the Museum belonging to his section of labor. Mr. D. R. Sumstine continues this summer the work he began last year for the Museum in collecting the fungi of western Pennsylvania. He reports the discovery of several species hitherto new to science and undescribed. Mr. Henry Klages, of Jeannette, Pennsylvania, is temporarily engaged as an assistant in the section of entomology. He is working upon the South American coleoptera, a great many boxes of which required to be mounted for study. Mr. W. Norman Miller during the summer vacation is assisting Mr. J. A. Shafer in poisoning and mounting the specimens recently secured for the herbarium. Mr. Miller is a student at the University of Pennsylvania. V. NEW VERTEBRATES FROM THE MONTANA TERTIARY. By Earl Douglass. During the summer of 1902 explorations were continued by the writer in western Montana for the Carnegie Museum. Collections of rock samples, and of fossil plants, invertebrates, and vertebrates were obtained from the Oligocene and Miocene formations. Special effort was made to discover the conditions under which the various deposits were formed. While it will require much work and careful study to interpret the history of Tertiary times in this region, it is nevertheless important to record such data as tend to elucidate the problem. In this preliminary sketch the writer wishes to give only a few of the lead- ing facts, leaving a more thorough discussion of the matter to a time when more extended explorations have been completed and a careful study of the material already collected has been made. The fossil mammals found during the past summer have not yet been studied. Those described in the present paper were collected by the writer in previous years extending back as far as 1895. EOCENE? , . , Sage Creek Beds. This formation occurs on Sage Creek about seven miles northeast of Lima in Beaverhead County. Only four specimens were found that are of any value in determining the age of the formation. One of these (^Heptodon /) is undoubtedly Eocene. Two specimens that I have referred to Hyrachyus were found, but one consists of a solitary tooth ; and the other — a mandible, atlas, and part of a skull — looks like a more modern form than we would expect to find associated with Heptodon. The last specimen — a part of a mandible — has all the peculiar characters of the corresponding portion of Metamynodon ? but is very much smaller than the White River species. However, the Hyrachyus skull was found a few feet under the specimen of Heptodon^ and the Metamynodon jaw a few feet under the stratum that contained the solitary tooth which resembles Hyrachyus, 145 JcL-^ ( j^^ 146 Annals of the XTarnegie Museum. Fossils were found in only a restricted locality. The hill where Heptodon ? and the jaws of Hyrachyus ? were found is composed of stratified material, and it contains quartz geodes, tubes lined with crystals both of calcite and quartz, and calcified trunks and twigs of trees. It is hoped that these beds will soon be more fully and carefully explored. List of Species. Heptodon ? Hyrachyus priscus Douglass. Hyrachyus ? Metamynodon ? OLIGOCENE. The White River Formation. That a great part of the White River deposits of Montana was formed in water is evident. It does not appear that the water was, as a rule, very deep. There are undoubtedly not only lake, but marsh and river deposits. The evidence points to some slow acting obstruc- tion of the water, rather than to a more sudden appearance of high barriers making deep lakes which were in course of time gradually drained by the cutting of a channel through the barriers. The con- ditions could be better explained by supposing that there was slow and inconstant upheavals or oscillations across the path of drainage. When the rate of elevation of the barrier was greater than the rate of deepening of the channel through it, there would be ponding of the water. The excess of erosion would, if it operated long enough, lower the water level, thus making dry and marshland where water had been before. So in the long time in which there was an unequal rate of raising of the barrier the conditions would be very complex. The relation between the rate of elevation of the barrier, sedimenta- tion, and erosion of the channel were such that the water of the lakes was not usually of great depth. There are undoubtedly not only lake, but nearly all kinds of fresh water deposits as we should expect under such conditions. This is only a hypothesis which remains to be proven or disproven, but which at the present time seems to the writer to best accord with the data at hand. We find nearly everywhere evidences of shallow water, such as rip- ple marks, bird tracks, plant remains, shallow water mollusca, etc. Douglass : Vertebrates from Montana Tertiary. 147 There is much volcanic dust in the beds, some strata being made up almost entirely of this material. Of course these beds of pure dust must have been transported from their source by the winds. The arguments used by Matthew to prove that the White River of the plains is not of lacustrine origin do not apply here. 1. The deposits, especially the finer ones, are commonly distinctly stratified, often thinly laminated, and sometimes splitting into papery shales. Distinctly stratified beds can often be traced for a considerable distance and sometimes they are beautifully ripple-marked. 2. The fauna is not strictly a terrestrial one. Abundance of fresh water diatoms, mollusca, and fish are found. 3. The mammalian remains are usually fragmentary, and occur near hills and mountains of older rocks, which evidently formed the shore of the lakes, or border of the marshes, if such existed. 4. There is no difficulty in conceiving the obstniction of the waters by orographic movements or by lava flows. For example, the Missouri River from the region of Helena northward to Cascade — a distance of about fifty miles — flows through a cafion in the mountain uplift, which here crosses its course. For the first twenty-five miles there are successions of narrow cafions and broader semi -circular areas. In the latter are remains of Tertiary deposits, showing that these valleys were carved out during or previous to Tertiary times. But from near the place where Wolf Creek enters the Missouri there is a change, and the river, instead of cutting its way through Palaeozoic strata, has carved a uniformly narrow cafion through eruptive rock. Above this long cafion we can trace the Tertiary deposits, occupying present and old river valleys up the Missouri and Jefferson rivers without obstruction of the older rocks to the continental divide and boundary line between Montana and Idaho, near the village of Monida. In fact the old river valley undoubtedly passes through the divide into Idaho. The occurrence of this great mass of eruptive rock, were it a surface flow, would seem to offer a ready explanation of the occurrence of the fresh water sediments above. But much of the rock is quite coarsely crystalline, as if cooled at a considerable depth. It is true that in no place on the mountain sides has the writer * TTie coarser material is evidently either of delta or stream origin. The writer at present sees no reason for believing that any great extent of the deposits is purely aeolian. 148 Annals of the Carnegie Museum. found what one could be sure were old lake terraces. But this does not appear to be any evidence of the absence of lakes, for in a region of comparatively rapid erosion, we could hardly expect them to endure so long. Fossil plants were collected in several places in the White River during the last summer. In one locality in the Lower Madison Valley tracks of birds were found on the sandstone. Just above were beds of pure volcanic ash beautifully ripple-marked. The lower division of the White River — the Titanotherium Beds — east of Winston and southeast of Helena, attain a considerable thick- ness. One measurement gave 4500 feet, another farther south 4900 feet. Where this latter measurement was made a fault occurs, the exact displacement of which was not ascertained and it is possible that this might bring this measurement a little nearer to the former one. The beds vary from nearly horizontal to a dip of 53°. These measure- ments do not include the whole thickness of the White River here. The Missouri Valley makes a gap of a couple of miles and when seen again across the river the strata are nearly horizontal and have changed in character. About 150 feet of strata are exposed here. Adding this to the 4900 feet we have here a measurable thickness of 5050. How much is lost by the erosion of the river valley it is not possible to tell. The upper beds here are like the lower ones exposed on the Madison River. Above the latter, on the Madison, I measured 300 feet of mostly fine, stratified deposit. There is a possibility that the lowermost of these beds may extend down into the Eocene, though there is at present no evidence of this. At some time, either previous to or succeeding the White River epoch, the rivers of western Montana underwent much change, for in many places they leave the older valleys which were filled, or partly filled, with Tertiary deposits and flow through deep narrow cafions in the Archaean and Palaeozoic rocks. About ten miles below Whitehall the Jefferson flows eastward through a long canon, while both north and south are old valleys containing only Tertiary or later deposits. In many places the streams have left what seems to be their easy, natural course and made their difficult way through old granite, lime- stone, and quartzite rocks. The beds in the vicinity of Helena contain much sand and coarser material, waterworn gravel brought from a distance, and unworn angular fragments from the adjacent Algonkian slates and quartzites. Douglass : Vertebrates from Montana Tertiary. 149 In the lower Madison Valley, where the upper beds are so well ex- posed, the material is mostly fine.^ Northeastward from Whitehall the rock of the Titanotherium beds has been much disturbed and metamorphosed, the light colored clay and «and being in great part changed into red and black slate and quartzite. In one place the strata are nearly vertical. In some places there are mineral veins and the rock has a granitic structure. There is doubt that the mountains were as high during the White ]River epoch as at the present time. Besides the places where fossils had been previously found, they were discovered last summer at Cafion Ferry, in the Prickly Pear valley, northeast of Whitehall, and on the divide between the Mis- souri and North Boulder valleys. The beds in Montana appear in the main to represent the Titano- therium and Oreodon Beds of South Dakota. List of Fossils. Fossil Plants. Fish. Helodertnoides tuberculatus Douglass. Ictops acutidens Douglass. •Gymnoptychus minor (Douglass). Cylindrodon fontis Douglass. Sciurus jeffersoni Douglass. Ischyromys typus Leidy. FalcBolagus temnodon Douglass. JPalceolagus brachyodon Matthew. Hycenodon minutus Douglass. HycBtiodofi montanus Douglass.* Litnnenetes platyceps Douglass. Litnnenetes ? anceps Douglass. Trigenicus socialis Douglass. Oreodon macrorhinus Douglass. Eucrotapus helence Douglass. Agriochasrus minimus Douglass. ^ The exact horizon of these upper beds is uncertain, as no good mammals have been found, but they lie unconformably under the Loup Fork. I have always con- sidered them as White River. 2 Matthew thinks this is probably Pseudopterodon. Bull, Am. Mus, Nat. Hisl.^ May 19, 1903. 150 Annals of the Carnegie Museum. Agriochcsrus tnaximus Douglass. Colodon cingulatus Douglass. Mesohippus bairdi Leidy. Mesohippus la tide ns Douglass. Hyracodon, Titanotherium, The Fort Logan Beds. The so-called Deep River Beds and their interesting mammalian fauna are well known through the labors of Cope and Scott. There is, however, much unavoidable confusion continually arising from the use of one name for two distinct horizons. The name ** Deep River ' * is used without the adjectives ''upper" or "lower** and one does not always know what is meant. Whether or not, as Scott thinks probable, one is John Day (Upper Oligocene) and the other Loup Fork, it is certain that they have different assemblages of fossils, and that each should have a name by which it may be clearly distinguished. The river in whose valley the Deep River beds occur is now universally known as Smith River, and this is probably the true name ; though as early as 1876 Grinnell and Dana called this stream ** Deep Creek.'* However this may be, I do not think that this should invalidate the name so long as the type locality is beyond doubt. The beds are in the valley of what is now known as Smith River, between the town of White Sulphur Springs and old Fort Logan and between the Little Belt Mountains on the east and the Big Belt Mountains on the west.* Scott ^ first gave the name ** Deep River beds" as a substitute for Cope's ** Ticholeptus beds." Scott says in his *' Mammalia of the Deep River Beds" (p. 59): *' The upper beds which Grinnell and Dana called Pliocene present a very different assemblage of species. Cope's collection, so far as I can judge, was gathered entirely from these beds and contains nothing from the lower horizon." It seems to' the writer, then, that the name Deep River should be applied to the upper beds alone. For the older formation, Upper Oligocene (John Day?), I propose the name Fort Logan beds, from the old military post a short distance from the best outcrops. I do not know that this horizon is exactly paralleled by any other. 1 Rep. of Reconnaissance from Carroll, Montana, to the Yellowstone National Park^ made by Capt. Ludlow in 1875 ; Washington, 1876, p. 115. 2 Princeton Scientific Expedition of 1891. Prin. Col. Bull., III., p. 88. Douglass : Vertebrates from Montana Tertiary. 151 The following list of fossils from this horizon is taken from Scott's Mammalia of the Deep River Beds, p. 58. Cynodesmus thooides Scott. Steneofiber montanus Scott. Canopus. Miohippus annectens ? Marsh. M. anceps 7 Marsh. M, (^Anchiterium) equiceps ? Cope. Mesoreodon chelonyx Scott. M, intermedius Scott. Pczbrotherium sp. Hypertragulus calcaratus Cope. Beds Doubtfully Oligocene. Besides the beds which I have called Fort Logan and which Scott suspects are John Day, the writer has, in previous years, found locali- ties where the few fossils that were found and also the lithological character of the beds seem to indicate a formation intermediate be- tween the White River and Loup Fork. One locality in which the best material was found is about three miles east of the town of Drum- mond on the Hellgate River. Only three good specimens were obtained here and none of these can I identify with species found else- where. The strata are light colored, resembling the White River in some respects, yet more like part of the Loup Fork in not being distinctly stratified. List of Fossils. Mesocyon ? drummondensis Douglass. Leptomeryx transmontanus Douglass. Protnerycochcerus minor Douglass. MIOCENE. The Loup Fork Formation. In the valleys of western Montana there are at least three phases of the Loup Fork — that is, there are beds with three different assem- blages of fossils. How much of this is due to actual difference of time and how much to different conditions of preservation is difficult to determine. The valuable suggestions, which Dr. W. D. Matthew ^ 1" Fossil Mammals from Colorado," and **Is the White River an Aeolian De- dosit?'* 152 Annals of the Carnegie Museum. has made concerning the habitat of extinct mammals are worthy of the most careful thought and study. In this same region to-day there are animals that live high among the rocks of the mountain peaks. These we would expect to be ex- tremely, rare in lacustrine or fluviatile deposits. Others, like some species of deer, live principally in the wooded mountains and drink from mountain streams. These under present conditions would sel- dom be preserved, yet, when lakes and marshes were more extensive, and when the valleys were not cultivated, the chances would be greater. It is interesting to notice the difference in habits of domestic horses and cattle, when left to themselves. Domestication has not entirely changed their natures. In this mountainous region horses will come down to the streams from the dry hills to drink once in one, two, or three days according to the weather. They come in bands, usually in the afternoons of hot summer days, drink their fill, and go far back to the hills, perhaps miles from their watering places. Cattle remain nearer to water as they are not so ** well built for speed,** come down to streams and ponds to drink, and linger in or near the water during the heat of the day. They often die near these water- ing places. In swamps they get mired, and not having the strength to extricate themselves, leave their bones in a favorable place for pres- ervation. It is easy to see which of these animals, cattle or horses, under present conditions would stand the better chance of being pre- served in aqueous deposits ; though any animal going to a watering place during its last sickness is very apt to leave its bones near by. Last summer the party in charge of the writer found a place in the Deep River beds, where skulls and portions of skeletons were abun- dant ; but with the exception of turtles and some mammalian frag- ments, they all belonged to the Oreodoritidce. In one locality on the North Boulder only turtles, camels, and horses were found. The lat- ter probably represents a little later phase of the Loup Fork, yet no one would claim that in either case the fossils were a just representa- tion of the fauna of the times. It is possible that these Oreodonts found in marshes, where other mammals seldom came, their most natural feeding ground. The Deep River Beds. For a description of these beds in their typical locality near White Sulphur Springs I would refer to Scott's valuable paper. The Mam- Douglass : Vertebrates from Montana Tertiary. 163 malia of the Deep River Beds, During the last summer this formation was identified at Canon Ferry on the Missouri River about twenty miles east of Helena. Here many skulls of PromerycochosruSy Cycio- pidiuSy Merychyus and other Oreodonts were obtained. What are evidently the same beds were found on the North Boulder opposite Cold Spring Postoffice. The fragments of fossils seen ap- peared to be the same as those obtained at Cafion Ferry ; but they were found during a reconnaissance on horseback and not collected by the writer. The character of the beds is nearly identical. The Flint Creek Beds. These have not been visited by the writer since 1899.^ Several fossil mammals were found ; but, with one or two exceptions, they cannot be identified with species found in other places. These ex- ceptions are portions of four skulls oi (a) Falceomeryxy one of which is nearly complete with one side of the mandible. There may be two species, but one is undoubtedly Palceomeryx borealis (Cope). (Jb) Mylagaulus paniensis is identified by the premolar tooth only, which does not differ from that of the type. The following is a list of the species : Ogmophis arenarum Douglass. Talpa ? platybrachys Douglass. Sciurus. Mylagaulus paniensis Matthew. ^lurodon ? brachygnathus Douglass. Protohippus ? Hesperhys vagrans Douglass. Merychyus smithi Douglass. Poatrephes paludicola Douglass. Merycochosrus laticeps Douglass. Procamelus. Palceomeryx borealis'^ (Cope). These were all found near the village of New Chicago in Granite County. The typical exposure forms a line of bluffs 100 to 150 or more feet ^StQ Am. Journ. Sc, Vol. 10, Dec, 1900, p. 428. * There is some doubt that this is Palceomeryx ^ but I see no conclusive evidence that it is not ; so, until the matter can be settled, it is best to include the American specimens with the European genus. 154 Annals of the Carnegie Museum. in height on the west side of the valley of Flint Creek, beginning about one mile north of the village of New Chicago and extending southward several miles. The fossils were obtained within two or three miles of the village. The Madison Valley Beds. The Loup Fork beds of the Lower Madison Valley are, in great party at least, of stream valley origin. By this I mean such deposits as usually accumulate in valleys of rivers and smaller streams, including channel deposits, mud flats, sand bars, flood plains, ponds, and small lakes. The material is principally sand, sandy clay, and gravel, partly with- out extensive uniformity of stratification. Yet in part the beds are well stratified. This is especially true of those of pure volcanic ash, and it seems almost certain that at times during the Loup Fork there were quite extensive marshes, or lakes. During last season these beds were identified in the Missouri Valley east of Winston by mammalian fossils. The remains of camels (^Pro- camelus) and horses i^Proiohippus) were found on the north Boulder Creek in beds that undoubtedly belong to this division of the Loup Fork. An abundance of fossil leaves was found both in the Lower Madison Valley and east of Winston. Partial List of Species. Sciurus arctomyoides Douglass. Palcearctomys montanus Douglass. PalcBarctomys macrorhinus Douglass. Mylagaulus ? pristinus Douglass. Mylagaulus ? proximus Douglass. Mustela minor Douglass. ^lurodon sp. Dinocyon ossifragus Douglass. Aphehps ceratorhinus Douglass. Protohippus, Hippotherium isonesum Cope. Merycochcertis altiramus Douglass. Merycochcerus ynadisonius Douglass. Gomphotherium {Protomeryx ?) serus Douglass. Protolabis montanus Douglass. Procamelus madisonius Douglass. Procamelus lacustris Douglass. Blastomeryx gemmifer Cope. Douglass: Vertebrates from Montana Tertjary. 153 Merycodus necatus Leidy. Merycodus } agilis (Douglass). Palixomtryx americanus Douglass. Paiaomeryx borealis (Cope). These beds overlie the White River and occupy the top of the trian- gular bench between the Madison and Gallatin rivers from the vicinity of Logan on the north, nearly to Elk Creek on the south ; also the tops of the high bench west of the Madison River. Descriptions of New Genera and Species. All the fossils described in this paper were collected by the writer, unless otherwise stated. The drawings were made by Mr. S. Pren- tice. The numbers given to the specimens are the Carnegie Museum numbers. EOCENE? (Sage Creek Beds.^ PERISSODACTYLA. HErxODON ? No. 717. Fig. I. Part of a superior maxillary with the last premolar ai.^ tnc three molars ou the left side. From the Sage Creek beds northeast of Lima. It is doubtful whether this should be assigned to the genus Heptodon or to Systenwdon. Taking Dr. Wortman's distinguishing characters of the teeth it is intermediate between the two. A comparison with the specimens in the American Museum of Natural History confirms this, but it seems to be nearer to Heptodon than to Syslemodon, appearing to be some more primitive form of that genus. The cross crests are low. The pos- fic. i. Ihpiodon ? (717), Sage terior outer cusp in M^ is flat and Creek Beds. Natural size. a. Part pushed far inward, making the meta- °f 1='' ■"^^i'l^T wi'h ''"• premolar , , , 1 ., . .1 1 and three molars, i. Crown view of loph very short, and the tooth nearly , , r 1 ' ' leeih of same, an equilateral triangle in outline as seen from above. In M^ the posterior outer cone is a trifle convex outwardly, though it is slightly concave near the posterior edge. In 156 Annals of the Carnegie Museum. Mi this element of the tooth is decidedly convex and nearly on an antero-posterior line with the anterior outer cone. P^ had but one cross-crest. The tooth •stands obliquely, the inner portion being farther forward. Measurements. Mm. Height of the lower border of orbit above alveolar border at M^.. i8 Length of P^ 7.5 Width " •* 10.5 Length of Mi 8.5 Width ** *• 10.5 Length of M* 10 Length of M^ ii Width 12 Height of crown of M* 3.3 From Sage Creek about seven miles northeast of Lima. ^' , • C>^^ Hyrachyus ? Priscus sp. nov. No. 784. Fig. 2. The type includes the greater part of the mandible with all the post -canines except Py, the anterior part of the skull with incisors and premolars, and the atlas. It was found a few feet below the specimen of Heptodon ? just described. The premaxillaries are rather slender and entirely separated. The diastema between the canine and the first premolar moderately long ; Pi small ; premolars increasing rapidly in size posteriorly ; P^ begin- ning to assume the molar pattern — that is, the inner lobe is beginning to divide, though no such tendency appears in P^ and P^ ; mandible heavy and thick ; symphyseal part proportionately slender ; masseteric fossa high ; angle broad ; lower border convex antero-posteriorly. The premaxillaries resemble those of the modern tapir (^E/as- mognathus) in form, but they are not coossified anteriorly and are not nearly so robust. Near the anterior inner part of the right premax- illary there was a small, peg-like process projecting backward and toward the other premaxillary, but no sign of a union of the two pre- maxillaries. The diastema between the canine and Pi was propor- tionally as long as in Elasmognathus. The infraorbital foramen opens above P^. The specimen was in a breccia formed by the breaking up and recementing of the sandstone so parts of the broken skull were separated. Fragments of the upper part of the skull, including per- Douglass : Vertebrates from Montana Tertiary. 157 tions of the nasals, were put together and it appears that the nasals were reduced and shortened, in this respect being intermediate be- tween Hyraekyus and Protapirus. The anterior upper portion of the skull is broadly and evenly convex. The longitudinal portion of the mandible is robust, but it contracts just in front of the anterior premolar, making the symphyseal region small. The ascending portion is broad. The angle extends a little below the posterior lower border of the horizontal ramus. The last mo- Hyraiky lar is considerably in advance of the ascending ramus The masseteric fossa extends nearly down to the level of the molars. The animal was old and not all of the structure of the teeth can be made out on account of their worn condition. The worn surfaces of the upper incisors are oblong-oval or elliptical. They stand in a nearly vertical position as in the tapir. They are all nearly of the same size. The premolars are very much like those of H. agrarius. pi is small. P^ is the only one which appears to have a tendency to 168 Annals of the Carnegie Museum. assume the molar pattern. There are internal cingula on the last two premolars. The lower teeth are much like those of H, agrarius. The atlas is much like that of Frotapirus validus. The concavity for the odontoid process of the axis is much narrower, indicating a thick, conical odontoid. The posterior cotyles are wider dorso- ventrally, the lower part is longer antero-posteriorly on the median line, and there is quite a large protuberance on the ventral posterior border, projecting backward. Measurements. Mm. Width of palate between second premolars 38 Length of U 8 Width of I^ 5 Length of premolar series 46.5 Length of V^ 10 Width of Pi 7 Length of P^ 9.7 Width of Pi 12 Length of P^ 13 Width of P^ 18.6 Length of P* 19.5 Width of PA 22 Length of mandible about 250 Width ** at symphysis, narrowest 26 Depth ** under Pl 38 Depth ** under M^ 47 Length of inferior molar-premolar series 98 From same locality as the preceding. Hyrachyus. No. 718. Fig. 3. Represented by a solitary last upper molar found ^(^■^ about a half mile from Heptodon (No. 717) "and Hyra- ^>^ chyus priscus (No. 784) described in this paper. It resembles the corresponding tooth of Hyrachyus inter- Fig. \ Hyra- f^^dius (Princeton collection, No. 10,095). ^^^ ante- chyusf No. rior cross-crest is more nearly straight, and being broader 718. Crown at the base, makes the median transverse valley more view of last narrow. The anterior inner cusp is more conical. ^^ The anterior outer style (parastyle) is not so much molar. Sage j \.r j j Creek beds. \ external to the anterior outer cusp. The posterior nat. size. Outer cusp (metacone) is small, thin, laterally com- Douglass : Vertebrates from Montana Tertiary. 159 pressed and low. It is much lower than the other three principal cusps. There is a strong anterior cingulum and a weaker one on the outside of the outer exterior style. Measurements. Mm. Length of M* 13 Width of Ml 16 Height of an tero- internal cusp 9 From Sage Creek about seven miles northeast of Lima. Metamynodon ? No. 734. A horizontal ramus of a mandible with the alveoli and roots of the teeth. This jaw is somewhat puzzling. It was found in the beds on Sage creek in a sandy lens or layer lower down than the stratum from which the Hyrachyus ? tooth (No. 718) was obtained and not far away. This specimen if found in the White River would be unhesitatingly referred to the genus Metarnynodon^ though it is very much smaller than M. planifrons. But there is the same reduction in number of the incisors and premolars, the enormous enlargement of the canines, the great lengthening of the symphysis and narrowing of the pre- molars. In minor details, too, it is the same, about the only differ- ences being the smaller size, the more procumbent position of the canines, and the thinner horizontal ramus. The last incisors were quite large and in contact with the canines. There were probably second incisors, but they were very small. Part of the alveolus of one can be seen. The three premolars were all small. The root of the canines was very large and the two nearly came in contact. They occupied the greater part of the symphysis. There is a longitudinal convexity on the outer side of the one pre- served. The symphysis extends backward to P4 and the posterior part is wide. One would not expect to find an animal apparently so like Metamy- nodon in the Middle Eocene, but the data are given for what they are worth. • ._ * ■ 160 Annals of the Carnegie Museum. Measurements. Mm. From anterior of canine toposterior of Mj 208 Length of sympbysis no Width of posterior border of symphysis, between horizontal rami... 24 Width of jaw at canines 60 Depth '* under P, 50 Depth " " Mj 54 Thickness '■ " Mj 32 Length of canine 28 Width of canine 25 Length of diastema between C and P5 36 Length of premolar series 46 Length of molar series 100 From Sage Creek about seven miles northeast of Lima. OLIGOCENE. White River. REPTILIA. Helodermoides tuberculatus gen. et sp. nov. No. 707. Figs. 4 and 5. Portions of the top of a skutl and part of a mandible were found in the beds on Pipestone Creek near Pipestone Springs in Jefferson County. The bone in the frontal region is thick and cellular, but is much thicker farther forward. The top of the skull, as in Helodertna, is Flc 4 Hflodermoulcs lubiniiialui {No. FiC 5. Same 1 707), \\hile River Beds, Pipestone Creek, mandible. a, om a, top of skull, upper view ; b. llie same, view. Natural sin lower view. Natural size. Douglass : Vertebrates from Montana Tertiary. 161 covered with bony ossicles. They are higher and more conical than in that genus, and instead of being marked with minute pits are cov- ered with little rounded wart-like protuberances. The larger ossicles approach a pentagonal or hexagonal form at the base. Two, near the middle of the head, are elongated transversely. Anterior to these there is no bilateral symmetry in their arrangement or size. The posterior ones, as in Heioderma, are smaller than the anterior ones. The mandible shows three foramina on the outer surface. The teeth, which are partly set in the jaw, are sharp, laterally compressed near the apex, and incline slightly backward. Length of fragment of skull, 40 mm. • MAMMALIA. PICRISSODACTYLA. Mesohippus latidens sp. nov. No. 751. Fig. 7. The type of this species is a portion of a crushed and flattened skull with the last premolar and the molars of both sides. It was found in the Lower White River beds near Three Forks in 1899. The most striking distinguishing character of the teeth is the ex- treme transverse as compared with the antero -posterior diameter and the much greater width of the an- terior than of the posterior por- /^ ine tions. The teeth are more prim- Fig. 7. Mesohippus latidens (No. itive than those oi M. bairdi. The 750- Last upper premolar and the median tubercles of the anterior ^"^'^^ "^^^^'^ ^[ ^^^^ ^'^^- N^'"»"^^ , , , size. White River beds near Three cross-crests are much larger than ^ , those of the posterior cross-crests. The posterior intermediate cingular cusps are represented by only a minute enlargement or thickening of the cingulum. There are no cingula on the inner faces of the inner cusps except on Ml. There are faint median ridges on the outer crescents. The posterior intermediate cusps on the cross-crests decrease in size from Mi backward. -On M^ this cusp can hardly be distinguished from the cross-crests. 63 Annals of thf. Carnf.gie Museum. I^nphof P' and the 3 molars. 42 ixngth of molar jeries 31 length of P« 10 Length of Ml lo Widlh of MI 16 Length of M' II Width of M" 17 Length of M' II Width of M' 15.5 Kound on Thom|»son's creek. ART10DACTY[,A, Tki^ENicus sih;[alis gei sp. r No. 817. Fig. 6. In the autumn of 1901 the writer reexamined a portion of the lower While River beds on Thompson's Creek near Three Forks. In a place where fragments of several skulls (including the types of r/'.O liaii iH-'on tbuinl, 1 tained. It is laterally crushed at i wiih anything that has been L- 10 several of iht I inta and Douglass : Vertebrates froSi Montana Tertiary. 163 White River selenodonts. It looks as though it might be a descend- ant of Leptoreodon. The dental formula is C-^, P^, M^. All are large and strong, except P-i-, which is small, but two-rooted. It is separated from the canine and P^ by diastemata. It is a little nearer to P^ than to the canine. The canine is, so far as preserved, of the usual Oreodont pattern, but is more compressed laterally. Pi is a laterally compressed subconical cusp. The crown from the outside has a slight hint of the trifid ap- pearance of the same view of P- and P^ — that is, there are rudiments of anterior and posterior cusps or lobes. P- is large and has three outer lobes. It is widest back of the middle. P^ is a little longer and more triangular on account of the larger posterior inner lobe. P^ is of the usual pattern in ruminants. Premolars 2 and 4 are nearly equal in length. Only portions of the molars are preserved, but the teeth are large. The teeth back of P-^ show much wear. The infraorbital foramen opens above the anterior portion of P-> and the front margin of the orbit is above the anterior half of M^. So far as I can ascertain from the crushed condition in this region there were neither prelachrymal pits or vacuities. Measurements. Mm. From front of canine to front of orbit 50 Length of canine 4.3 Width of canine 3.3 Length of diastema between C and Pt 6 Length of Pl 3.5 Width of Pi 2 Length of diastema between P'- and P^- 4 Length of P^ 7 Width " «* 4 Length of P^ 9 Width ** «* 5 Length of Pl 7 Width ** *' 7 Length of Mi 7.5 I^ength of Mi 9 Oreodon macrorhinus sp. nov. No. 767. Fig. 8. In my paper '* Fossil Mammalia of the White River Beds of Mon- tana"** * I described a species of Oreodo 1 under the name of " Oreodon ^ Trans, Am. Phil. Soc.y Vol. XX., p. 264. 164 Annals of the Carnegie Museum. robustum." I knew that the name had been given by Leidy to an individual belonging to O. culbertsoni, but considered the name still available, I propose for it the specific name macrorhinus. The skull is not much if any longer than that of O. culbertsoni Leidy, but is very much heavier, and I think the differences are not sexual. As seen from the side the muzzle tapers very little. The enamel on the premolar teeth is wrinkled. The nodular beds from which this was taken undoubtedly corre- spond with the "Oreodon beds" of the plains region. Upper Oligocene? CARNIVORA. Mesocyon? Dbummondanus sp. nov. No, 792. Figs. 9 and 10. Of this dog there is the scapula, some fragments of other parts of the skeleton, and a skull lacking the mandible. It was found about three or four miles east of Drummond, near the HeDgate River. As the lower teeth are not present it cannot be certainly referred to its proper genus. The species, however, is different from any I have seen. I cannot better define it than by showing how it differs from Mesocyon coryph<fus Cope, and Cynodesmus tho'dides Scott. Compared with M. eoryphmis it is somewhat smaller, not so much restricted behind the orbit ; the sagittal crest is not so elevated ; the i Douglass: Vertebrates from Montana Tertiary. 165 nasals do not contract so gradually to the apex ; and judging by Cope's figure,' they are longer; the posterior points of the pre m axil lanes do not approach so near to the anterior projections of the frontals, the former being short fore and aft. The tympanic buIlK are smaller. The antemolars are less spaced; the incisors are crowded. According to Cope's figure P?, pi, and Pl, exclus- ive oi ihe heel, are wider but of the same length. The heel on P2 and the deuterocone on the sec- torial are not so well de- veloped ; M?- is much larger, the great differ- ence being in the antero- posterior diameter. Comparison with Cyno- desmus Ihooiiies. The anterior part of the skull is lower and nar- rower ; not so broad at the post-orbital angles of (he frontals but broader at the post-orbital constriction ; the temporal ridges con- verge less rapidly; the pre- maxillaries and frontals do not approach so near each other ; the premolar teeth are smaller, much lower, and all except ihefiistare shorter. The deuterocone on pi is less prominent ; the transverse diameter of the molars is less. ■Tertiary Vertebrala. PI. LXX 166 Annals of the Carnegie Museum. The basisphenoid is keeled. The brain-case is full and veil rounded out. The zygomatic arch is not widely expanded. The frontals can hardly be said to have postorbital processes. Douglass r Vertebrates from Montana Tertiary. 167 The auditory bulla is lost on one side and present on the other. This lends weight to the probability that the absence of the bullae in some of the skulls of fossil dogs does not prove that the animals did not possess them in life. Measurements. Mm. Length of skull to posterior of tympanic bulla 133 Width of sku]]. including zygomatic arches, greatest 80 Width Bt postorbilal c Length of moIar-premoJar s ARTIODACTYLA. Leptomeryx transmontanus sp. nov. No. 716. Fig. II. This is larger than L. evansi and the teeth more advanced, the infraorbital foramen is a little farther back than in the specimen described by Leidy in his Extinct Mammalian Fauna. It opens Fig. II. Lcpiomeryx Iransraoilatius (No. 7^6). JoiiQ Day, 1 Natural siie. a, skull ; b, crown view of teeth. above the anterior portion of P*. There is a prominent malomaxil- lary ridge which extends forward on the face as far at least as the anterior part of P^. 168 Annals of the Carnegie Museum The teeth, judging by Leidy's figures/ differ in several particulars from those of Z. cvansi. In P^ the deuterocone is connected by a ridge with the posterior portion of the tooth and by a narrow cingulum with the anterior portion. P^ is the same, except that the deuterocone and the anterior cingular ridge are better developed. Thus the teeth are successively approaching the true ruminant pattern of the fourth premolar, which is fully attained in this species. The median and anterior outer pillars on the molars and the last premolar are not very prominent. The inner and outer crescents of the teeth are not very widely separated, yet the teeth are not so much worn as in the speci- men figured by Leidy (Ext. Mam. Fauna, PL XIV., Fig. 5). From the same beds as the specimen last described. Measurements. Mm. length of molars and last three premolars 41 Length of molar series 22 Length of premolar series 20 Length of P*... 7 Width of P2 5.5 Length of P^ 7 Width of Pi 6 Length of P^ 6 Width of P* 7 Length of molars each 7 Width of Mi 8 Width of M2- 9 Width of M^ 8 Height of orbit 21 Length of orbit.... 24 Promervcochcerus minor sp. nov. No. 769. Fig. 12. Of this species there is a large portion of a skull and mandible. The upper and posterior portions of the cranium are gone. All the teeth are represented except li. It was found near Drummond, on the Hell- gate River, in the same beds with Leptomeryx transmontanus and Mesocyon ? driimmondanus. I refer it provisionally to this genus principally on account of the form and size of the zygomatic arches. It seems to be intermediate 1 Extinct Mammalian Fauna, of Dakota and Nebraska, PI. XIV., Figs. I, 4 and 5. Douglass : Vertebrates from Montana Tertiary, between Epcreodon and Promerycocharus. It is a small species of Promeryeochxrus, but larger than Eucrotapkus. Dentition. — I- and 5 are nearly equal in size, convex anteriorly and flat posteriorly. They are of moderate size. The upper canine is quite high, is flat behind with sharp edges. Near the tip it is tri- angular with three sharp angles, but nearer the root it is convex anteri- orly. There is a concavity running lengthwise of the tooth in front minor (No. 769). Uppei Oligocene of the inner angle, but no high narrow ridge as in Mesortodon. There is a short diastema between this tooth and P-L. The latter is narrow and overlaps outwardly P^. Most of the teeth of the molar- premolar series are narrower transversely than in Mtsortodon. The anterior and median buttresses on M^. and ^ are narrow and not heavy. ly and 3 have nearly the same size and form; are chisel -shaped, con- vex on the posterior face, but rather thin antero-posteriorly. Ij is larger. The incisiform canine is still larger, triangular in section and overlaps Ij, the interior portion of its anterior face being behind the outer portion of that tooth. There is no diastema between the canine and caniniform P^. This premolar is laterally compressed, lenticular in section and sharp -pointed, having been made sharp by the wear on 170 Annals of the Carnegie Museum. the anterior edge by the upper canine. P^ overlaps inwardly P^ about half its length. It also overlaps outwardly P^. The teeth might be called brachy-hypsodont. There is a pro- nounced tendency toward hypsodonty. The Skull. — I cannot tell whether the premaxillaries were coossified or not, but they are deeper above li than in Promerycocharus mon- tanus. The infraorbital foramen opens above the anterior portion of P4^. The forehead in front of the supraorbital foramina is concave. This is due in part, but, I think, not entirely to crushing. The nasals are long. The preorbital fossae are not large or deep. The orbit is nearly circular. The zygomatic arch is moderately heavy, but not so much so as in P, montanus. The anterior portion below the orbit is not so high as in P, montanus, macrosteguSy and leidyi, yet it is higher than in Eucrotaphus {^Eporeodon /) superbus. From its an- terior part it expands posteriorly, reaching its maximum expansion a little anterior to the postglenoid process. The outer border is moder- ately thick and rounded. The posterior portion ascends less steeply than in P. macrostegus or P. superbus. The longitudinal portibn is quite broad and long. The lower border of the malar under the orbit is longitudinally grooved. The bullae were large, the paroccipital processes small. The lower portion of the latter has three protuber- ances on its surface, making it quite irregular. The upper portion does not appear to have been much expanded laterally. Measurements. Mm. Length from front of canine to postglenoid process inclusive 185 " of molar-premolar series 105 *' of premolar series 49 " of molar series 56 Hight of malar under orbit 24 ** of orbit 24 Length of mandible to back of M^ 137 " of lower molar-premolar series 115 ** premolar series 55 Depth of mandible under P;^ 30 MIOCENE. Flint Creek Beds. All the specimens from these beds described below were found near the village of New Chicago, in Granite County. Douglass : Vertebrates from Montana Tertiary. 171 REPTILIA. 0(;mophus arenarum sp. nov. No. 744. Three vertebrae of a snake from the Flint Creek beds, were asso- ciated with many small bones and teeth, among which were the hum- eri of moles described in this paper. The vertebrae not so long as broad. Centrum small, with no keel but a broad convexity on lower side. Ball transversely elliptical and facing somewhat upward as well as forward ; neural canal arch-shaped with a median ridge or convexity on floor ; the articular surfaces of the zygapophyses horizontal ; articular surfaces of the zygosphenes quite narrow and facing outward and downward ; neural spine low and not reaching to the anterior part of the neural arch ; neural arch large and zygosphenes almost as far apart as its width ; protuber- ance for articulation of the rib quite prominent, higher than wide, convex above and in front, and slightly concave on the posterior in- ferior surface. The interzygapophyseal ridges almost die out midway between the anterior and posterior zygapophyses. Compared with O, anguiatus Cope (Tert. Vert., p. 783, PI. LVIII^, F^g' ^3) t^c protuberance for the articulation of the rib is larger, the vertebra proportionally lower, and there is no hypophyseal angle or ridge. Measurements. Mm. Length of centrum of vertebra 4 Width of vertebra 5 MAMMALIA. INSECTIVORA. Talpa? platybrachvs sp. nov. Type No. 728. Fig. 13. In the same beds as the preceding (No. 744), associated with scat- tered teeth and bones of rodents and other small animals, four humeri of moles were found belonging to the same or closely related species. One of these is nearly complete and I take it as the type of the species. The humerus is smaller than the corresponding bone of Scalops aquaticus. It differs from it in having a narrower shaft, in this respect 172 Annals of the Carnegie Museum. more resembling Talpa meyeri of Schlosser. There is a large surface for the articulation of the clavicle. This is convex dorso-ventrally. From the upper outer border a minute point projects outward. This is not nearly so well developed as in Scalops aquaticus. The condyle Fig. 13. Humerus of Talpa ? platy- Fig. 14. Myiat^aulus paniensis (No. ^/-<7^/fyj (No. 728). Twice natural size. 844). Flint Creek beds. | natural size or the scapula forms a quite high crescent-shaped ridge. The ridge for the insertion of the pectoralis major muscle is well developed on the inner part of the humerus, but does not extend anywhere near so far outward as in Scalops. Measurements. Mm. Length of humerus 13 Width of proximal portion of humerus II Width of distal portion of humerus 8 RODENTIA. MvLAGAULUS Paniensis? Matthew, Bull. Am. Mus. Hist., Vol. XYL, p. 299, 1902. No. 844. Fig. 14. A portion of a lower jaw containing the large premolar and one molar was found in the Flint Creek beds. This and the type have nothing in common except the premolar, but there is no essential dif- ference in the two teeth. This individual was evidently somewhat younger than the type, as the premolar tooth is higher and the ante- rior outer enamel lake is longer. There is one and only one prismatic molar, which was evidently persistent, as it is nearly or quite as high as the premolar. There is in this specimen no trace of a molar posterior to it. The upper sur- face is subcircular, approaching a pentagon. There are four enamel Douglass : Vertebrates from Montana Tertiary. 173 lakes, two inner and two outer, but these are more oblique than in the premolar, inclining outward and forward. The one persistent molar as distinguished from two that were often shed in older animals distinguishes this speci- men from M. monodon and M. hallensis. Found in Flint Creek beds near New Chi- cago, Mont. MVLAGAULUS. Isolated teeth. No. 732. Fig. 15. A tooth, probably an upper premolar, from the Flint Creek beds, has the outer enamel Fig. 15. Mylagautm well broken away, so that the structure of the ^'^°- "s). Fl'"' Creek .. , I ' 1 T-L I I 1 beds. Showing structure tooth can be plainly seen. The enamel lakes ■■,-,-■ , •^ ' ai teelh. Twice natural which appear on the worn upper surface of ^,^^_ a. a premolar looth; the tooth are the tops of compressed enamel b, a molar tooth, tubes which are closed at the bottom. These tubes are transversely striated. See Fig, 15,". A molar tooth. Fig. 15, b, shows the same structure. The molar shows eight enamel lakes in four rows. Same locality as the preceding. CARNIVORA. .(Elurodon? brachvgnathus sp. nov. No. 752. Fig. 16. This is represented by a large part of a mandible and some portions of the upper jaw with all the teeth broken. As indicated by the remains, the leading characteristics that dis- tinguish this from all other dogs are the following : Face and hori- zontal portion of mandible greatly shortened yet without reduction in size or number of lower teeth. Mandible deep and robust. Especially heavy in region of symphysis. Teeth crowded and P y and ^ set obliquely in the jaw. The dental formula in the lower jaw and undoubtedly in the upper is the same as that of the modern dogs (C lupus, etc.). The greater portion of the premaxillaries and small portions of the mamillaries show that for the length of the face the nasal region was broad, the anterior palatine foramina large. Incisors 2 and 3 were large ; the canine medium sized. Pi one-rooted, but not very small. The cor- responding teeth of the lower jaw evidently had similar proportions. 174 Annals of the Carnegie Museum. The lower canine was set diagonally in the jaw This is true of C, lupus, but not to so great an extent the antenor face of the tooth presenting nearly as much outward as forward The larger axis of the root of Py is m the same direction P j j and ^ have each a larger posterior root and a smaller anterior one The anterior in P 7 and J IS partly exterior to the postenor The roots are closely Fig. i6. MSurodont hrafhygnalhus (No. 752). Fliol Creek beds. Natural crowded. The heel of the lower sectorial is mostly preserved, yet it is injured so that one cannot be certain whether the pattern is more like that of Temiwcyon or of Cams. There are two menial foramina, a larger under P^ and a smaller one on a higher level beneath the anterior part of P^. The posterior portion of the lov>cr border of the mandible in front of the angle is very convex antero- posteriorly. The anterior ridge of the ascending ramus in front of the masseteric fossa is large and high and the fossa deep. Length of molar. premolnr series 58 Depth of mandible under I'^^ 19 Depth of mandible under Pj 2S SUID^. Hesperhys gen. nov. No. 748. Fig. 17, Mandible short and heavy. Teeth uninterrupted except a short diastema between the canine and the anterior premolar. Inferior Douglass : Vertebrates from Montaka Tertiarv. 175 dental formula Ij, C-;-, Pj, Mj. Premolars 5 and 5 simple conical cusps. Mj with a heel composed of several small cusps. Hesperhvs vagran's sp. nov. No. 748- Fig. 17. The type of the genus and species is a large portion of a lower jaw exclusive of the ascending rami. It was associated with the bones of Procamdus in the Flint Creek beds. There are also some fragments of the skull. Ij is large and chisel- shaped. Near the root its antero -posterior is much greater than its transverse diameter, On its anterior face it is convex and on its posterior face concave with a median longitudinal 176 Annals of the Carnegie Museum. mediate tubercles they increase in complexity backward. M^ has a heel composed of one principal tubercle and three smaller ones. Not having access to the types I cannot be certain that this may not belong to some one of the Suidae described but can find no descriptions that correspond to it. Measurements. Mm. From front of ly to back of M^ 178 Depth of mandible under M^ 50 Thickness of mandible under Mj 31 Length of molar-premolar series 126 Length of premolar series 48 Length of molar series 78 Length of Pj 12 Width of P2 9 Length of Pg 16 Width of P3 12 Length of P;j 20 Width of Pj 16 Length of My 23.5 Width of My 19.5 Length of M^ 23.5 Length of M3 •. 31 From Flint Creek beds near New Chicago. OREODONTID^. Poatrephes paludicola gen. et sp. nov. No. 845. Fig. 18. A skull of an Oreodont found in the Flint Creek beds near the vil- lage of New Chicago is different from any other member of the family with which I am acquainted. The principal distinguishing characters are the following : Skull elongated, not shortened as in Merychyus and Merycocharus. Posterior portion of skull including occiput broad, zygomatic arches broad, heavy and spreading anteriorly, mastoid processes greatly ex- panded laterally, tympanic bullae large but not rounded as in Epo- reodon, external auditory meatus forming a large wedge. Teeth brachy-hypsodont, molars narrow transversely. To these may be added with a slight doubt : Large prelachrymal vacuities ; crest of occiput not much overhanging, premaxillaries not coossified. As the skull is somewhat mutilated and distorted I would Douglass: Vertebrates from Montana Tertiary. 177 not be too positive about there being prelachrj-mal vacuities, but if not, there were certainly prelachrymal pits. On one side there is a large circular space anterior to the orbits which has no bone and the surrounding bone, in part, appears to be unbroken. The skull is a little longer than that of Mesoreodon chelonyx Scott. The nasals are lost. The malomaxiUary ridge is high, very convex, extends upward as well as forward, dying out near the upper border Fig. i8. Poatnfika faliidicola (Ho. i^S)- Flint Creek beds. One half nalural siie. Right view of skull, part of tcelh reslored from other side, of the maxillary just in front of the lachrymal depression or vacuity. The anterior borders of the premaxillaries are thick and they do not rise so abruptly as in Mesoreodon or Eporeodon. The prelachrymal vacuities appear to have been quite large. The sagittal crest was high as shown by impression on surrounding matrix. The anterior portion of the zygomatic arch beneath the orbits is broad, heavy, and widely spreading, the outer portion curving downward, with the border roughened and very concave antero- posteriorly. The anterior lower root is low, being only a little above the alveolar border. The orbit is closed behind by a heavy bridge of bone. The anterior tongue of the squamosal is long and slender, terminating beneath the posterior portion of the orbit. This process and the posterior process of the jugal overlap for a considerable distance. From opposite the glenoid surface the zygomatic arch ascends slightly to where it is broken off opposite the glenoid process. The anterior portion of the arch is broad and thick. It spreads far outward from the molars. The pos- 178 Annals of the Carnegie Museum. terior portion beneath is convex from the glenoid surface to the outer border. The glenoid surface is convex both an tero -posteriorly and transversely. The post -glenoid process is broad transversely but not very thick. The external auditory meatus is enlarged into a pyriform or wedge- shaped mass of bone with the apex pointing downward. Where this meatus is joined to the auditory bulla this process does not extend downward so far. The tympanic bullae are large but not symmetric- ally rounded as in several of the Oreodonts. They differ on opposite sides of the same skull, and one is larger than the other. One is ap- proximately a quarter of a four-sided pyramid, with the apex pointing downward. The other approaches nearer to a cube. Posteriorly the broad spout-shaped paroccipital processes clasp the bullae closely, as if accommodating themselves to the forms of the bullae. The paroc- cipital processes are rather thin antero-posteriorly, are concave in front and convex — nearly angulate — behind, but are much expanded laterally, as in Merycochcerus laticeps. The basi -occipital has a median ridge between the tympanic bullae which widens as it approaches the occipital condyles. These condyles are small. Above the foramen magnum is a very convex median ridge bounded laterally below by two deep concavities. The two anterior incisors, judging by the remains of the alveoli, were small, the third much larger. The canine was of medium size. Premolar four and the molars have extremely narrow valleys, but the teeth are much worn. The molars are narrow with no ridges on the outer median surfaces of the outer crescents. On the third molar the anterior and median pillars are prominent but there is no large acces- sory lobe at the postero-exterior angle, though there is a small one. Measurements. Mm. Length of ^skull along palate, etc 225 Length of face from posterior margin of orbit 122 Width of skull at glenoid surface 152 Width of skull at orbits 155 Breadth of palate at same place, including molars 74 Length of upper molar-premolar series 96 Length of upper premolar .series 50 Length of upper molar series 46 W^idthof Ml 18 Douglass : Vertebrates from Montana Tertiary. 17S POATREPHES ? No. 754. In the summer of 1898 my traveling companion, Mr. Wm. T. Coffey, found in the Deep River beds near White Sulphur Springs a last premolar and three molars, with part of the maxillary of an Oreo- donl which probably belongs to this genus. It was found with part of a skeleton oi Palceomeryx and the incisors of some horse-like animal. The parts preserved differ very little from the teeth of the animal above described. Merychyus smithi sp. nov. No. 766. Fig. 19, Of this species there is the lower portion of the right side of the skull with parts of the mandible The upper molar premolar series is present and the lower series back of Pt The jaws have not been Flint Creek Beds. separated and the grinding faces of most of the molars are still hidden. The teeth are of the brachydont pattern and are much like those of Poatrephes paludicola, the species just described. The upper canine was large, P^ is two-rooted and separated from the canine by a short space. Pj and Pj are of the usual Oreodont pattern. 180 Annals of the Carnegie Museum. The skull, especially the facial portion, is short. The malar por- tion of the zygomatic arch is heavy and its lower border has two rounded angles. If the post-orbital processes of the jugal and frontal united at all they must have formed a very narrow bridge behind the orbit. The squamosal portion of the zygomatic arch rises quite ab- ruptly from a little behind the malar. On the postero -inferior portion of this ascending portion is a long elliptical rugose convexity. The meatus auditorms externus is peculiar. It opens backward, out- ward and upward, the outer portion being a short, large tube. Inward from this it is wedge-shaped, something like that in Poatrephes, but in this specimen the apex is turned forward and fits closely against the horizontal portion of the zygoma and the posterior portion of the post-glenoid process. It is possible that in one of these specimens the meatus is slightly displaced. There undoubtedly was a tympanic bulla, but it is lost. The paroccipital process has much the same form as in Poatrephes, but is not so broad. The occipital condyles and the foramen magnum are large. The orbit is large. The infra- orbital foramen opens above P^. The portion of the mandible preserved is much like that oi Eporeo- don. The lower border of the mandible slopes gradually backward to the angle. The masseteric fossa does not extend so far down. Mkasukfments. .,„ Aim. Length of upper molar- premolar series 88 Length of premolar scries 43 Length of molar series 45 "Depth of zygomatic arch under orbit 20 Width of auditory meatus antero-|>osterii)r 20 Witlth of paroccipital process 21 Width of jKxipiial condyles 43 Witilh of foiamen magnum 21 I)epth of rnandihle under anterior |.H>rlion of third molar 38 The name of this species is given in honor of my friend, Prof. F. 1). Smith, who so kindly gave aid and encouragement in the col- lecting of fossils from these beds. Ma1)1m)N Vai i.kv Hkds. PISCKS. No. 857. Kig. 20. The only cvidciK c of the occurrence of fish remains in this forma- tion is the centrum of one of the anterior \ertebnii. It represents a Douglass : Vertebrates from Montana Tertiary. 181 large fish. It was found in the beds of sand and gravel about nine or ten miles south of Logan. Mm. Length of centrum 21 Width- ** (( 19 MAMMALIA. RODENTIA. SciuRUs sp. XT ^ T-- Fig. 20. Vertebra of No. 746. Fig. 21. /. , /XT O X T '^ ^ fish (No. 857). Loup Part of a left mandibular ramus from the Loup Fork, Lower Madison Fork of the Lower Madison Valley. Valley. End view, This is about the size of the corresponding jaw ^^^^^^ ^*^^- of the black squirrel. The most noticeable pe- cularities are the prominence of the ridge for the attachment of the inner part of the masseteris lateralis muscle, the anterior position of the anterior angle of the masseteric fossa, the length of the mandi- ble anterior to the molars, and the anterior position of the mental foramen. The lower border of the anterior portion of the jaw as far back as the beginning of the angle is the arc of a circle. The length of the molar-premolar series is less than in »S. vortmani^ and the mandible is not so deep. The premolar is the smallest tooth of the series, and the molars are nearly equal in size. The teeth are oblique as in Arctomys. Measurements. Mm, Length of incisor to back of M3 24 Length of molar premolars 9 SCIURUS ARCTOMYOIDES Sp. nOV. No. 741. Fig. 22. A small portion of a skull with the in- cisors and three anterior cheek teeth and the greater part of a mandible. It was with the skeleton of Palcearctomys montanus in the Loup Fork beds of the Lower Madison valley. The upper incisors have a slight median longitudinal depression on the anterior surface, which is also covered with minute interrupted striations. The anterior premolar is minute. The last premolar is Fig. 21. Sciurus sp. (No. 746). Loup Fork, Madison Valley. Natural size. 182 Annals of the Carnegie Museum. many times larger but not nearly so large as Mi. The teeth are intermediate between those of Sciurus and Arctomys, rather more resembling some species of the former. On P^ and M^ the three cross-crests are very distinct and the posterior cingulum is well developed. From the Loup Fork beds, Lower Madison Valley. Fig. Sciurus arctomyoides {^^o. T^i). Lower Madison Valley. Natural size. The lower incisor is laterally compressed and has minute striations on the anterior face, like the upper ones. P^ is smaller than any of the molars and has four tubercles. My and M^ have four tubercles each and minute inner and outer intermediate ones. The teeth are oblique, as in Arctomys monax^ only not so much so. All the molars are nearly of the same size. The mental foramen is placed quite far forward, being considerably in advance of the premolar. The anterior angle of the masseteric area is higher than in Arctomys and extends far forward, being a little below the premolar. Measurements. Mm. Length of the anterior upper cheek teeth 8 " of last premolar 3 Width of last premolar 3.3 Length of lower molar-preraolar series 16 ** from incisor to P^ 12 Depth of mandible under My 12 PALi^ARCTOMYS gCn. nOV. No. 740. Fig. 23. Teeth nearly like those of Arctomys^ but small in proportion to the size of the skull. Incisors large and strong, with many minute inter- rupted longitudinal striations and two or more larger convex ridges separated by shallow longitudinal furrows on the anterior faces. Skull large and strong anteriorly, in this respect differing much from Sciurus and Arctomys. Temporal ridges uniting farther forward at a Douglass : Vertebrates from Montana Tertiarv. 183 greater angle than in Arctomys monax. The most peculiar character- istic is the presence of two chambers opening posteriorly between the posterior nares and the posterior portion of the palate. 1 have not observed this in any other animal. Palcearctomys montamis is the type of the genus. Pal.earctomvs montanus sp. nov. No. 740. Fig. 23. This species is represented by a large part of a skeleton found in the same beds as P. macrorhimis. The skull is longer in the pres- ent species. The upper incisors have more longitudinal ridges on the anterior faces ; the transverse dmeiater is somewhat less and teeth are Valley. Skull longer, /. e., they project farther from the jaws. The skull does not differ greally from that oi Ar^totnys nionax so far as shown except in what, for convenience, I will call the posl-palatine cavities, and in the size of the muzzle. The incisors are very much larger than in that species. Not all of the skull is preserved. The mandible resembles that of Arctomys, but is very much more robust. This is especially noticeable in the anterior part, where it is 184 Annals of the Carnegie Museum. very heavy, and in the condylar process. The symphyseal suture is large. The anterior part of the jaw is farther strengthened by a ridge which passes from the upper part of the symphyseal suture obliquely around the outside of the jaw backward and downward to the chin. The anterior border of the coronoid process slopes upward and back- ward uniformly, in a nearly straight line, to near the tip, where it is broken off. The lower teeth are much smaller than those oi Ar^tomys. The other parts of the skeleton so far as preserved are much like those of Arctomys. Mrasi-remknts. Mm. length of skull loo Length from anterior of incisors to posterior of lygomHlic arch 78 Width of skull at post-orbital constriction 21 Depth of snout just anterior (o anterior root of zygomatic arches 17 Depth just back of incisor 25 . Width just back of incisor 31 A nlero- posterior diameter of upper incisors 9 Transverse diameter of upper incisors ., 4.5 Length of mandible including incisor 70 Length of lower molar- premolar series 15.5 Depth of mandible of middle of symphysis 14.5 Pal-earctomvs macrorhinus sp. nov. No. 733. Figs. 24 and 25. The type of this species is a skull, lacking the nasals and the pos- terior portion of the cranium. The skull is very robust and about the size'of that o( Arr/omys inonax, but the region in front of the orbits is very much deeper and wider. The incisors are also much larger. Douglass : Vertebrates from Montana Tertiary. 185 Each has three longitudinal convexities on the inner face, also many minute wrinkles or discontinuous striations covering these. The cheek teeth seem ridiculously small for such a large, robust skull. It seems that the animal was particularly fitted for gnawing, as Mylagaulus was for grinding or breaking hard substances. The third premolars (the first of the back teeth) are both shed, but the alveoli show that they each had but one small root. ticat slits opening at the a rer the orbits and higher than in inside the zygomatic arch at the I large convexity. Another is Fjg. 25. Same as 24. Lower vien- of skull. Nmural size The infraorbital foramina are v roots of the zygomatic arches nt Arclomys. Above the molars an lower portion of the orbital foss; placed above and in front of it. At the posterior portion of the palate is another peculiar structure. There are two cavities between the pos- terior portion of the palate and the opening of the posterior nares. I am unable to determine in just what proportion the palatines and pterygoids enter into the formation of these cavities. The form is very well shown in the figure. They extend forward a short distance above the posterior portion of the palate. Whether they open ante- riorly into the posterior nares is not quite certain, but If so the open- ing is small. The roof is thin. The posterior border is thick, rounded, and V-shaped. There is a thin partition partly separating 186 Annals of the Carnegie Museum. these cavities. The posterior opening of the nares is about the same size as in Arctamys^ but it opens more downward, as the basisphenoid is more steeply inclined. Measurements. Mm. Length of skull to posterior portion of zygomatic arch 63 Width of skull between orbits 30 Greatest width of skull including zygomatic arches 60 Depth of skull at anterior beginning of zygomatic arches 22 Width of palate between first molars 15 Length of molar-premolar series 16 Antero-posterior diameter of upper incisor 7 Transverse diameter of upper incisor 5 Mylagaulus Cope. Several lower jaws and teeth of Mylagaulidae from the Loup Fork of Montana throw considerable light on the tooth structure and the development of the characteristic dentition of this family. No skulls were found, but the upper dentition undoubtedly kept pace approxi- mately with the lower. This is true of the species Ceratogaulus rhinoceros Matthew, and Mylagaulus lavis Matthew in the American Museum of Natural History. The specimens here described may not all belong to the genus Mylagaulus^ but they undoubtedly belong to the same family. I think it better to include all under Mylagaulus until more complete material is found. In one specimen (J/, pristinus) the erupting large premolar was apparently pushing out with its posterior portion a short-crowned, long-rooted tooth. Its anterior portion is replacing a tooth only a portion of one root of which remains. In two other specimens the large premolar has missed this short-crowned, rooted tooth ; or the anterior portion of the latter has apparently been absorbed and its posterior portion still remains between the large premolar and the first prismatic molar. There can be little doubt that this last rooted tooth is a milk molar. It is not at all prismatic, has long roots, is much worn in the young animal, and in one case is being shed. The permanent premolar and the two permanent molars are prismatic. In the descriptions which follow, the rooted tooth above described will be designated as the fourth temporary molar, ^m^. If the above conclusions be true the large, permanent, prismatic premolar replaces two temporary molars. Douglass: Vertebrates from Montana Tertiary. 187 » In one specimen the posterior inner root of dm 3 is still preserved in place. It appears, then, that the young of Mylagaulus has two milk molars. If all described below belong to Mylagaulus at a certain stage during the life of the animal, there are two milk molars and two permanent molars ; while in some cases in old age there is only one tooth to take the place of all these — a large premolar. Thus it is not improbable that some individuals which had twenty teeth at one time of life were finally reduced to four. The molar that is wanting in the adult animal is apparently the first, as there is no evidence of the loss of Mg^. The development of the first molar is evidently prevented by the large, permanent pre- molar. Perhaps under favorable conditions rudiments of My might be found. Mylagaulus ? pristinus sp. nov. No. 742. Fig. 26. Mandible robust. Anterior and posterior angles widely separated, the former extending far below the lower border of the horizontal ramus and rounded, the latter oblique, high and projecting laterally far outward. Permanent premolar large, very high, and with short roots. The fourth temporary molar, which is retained in the present specimen, is short, low, and has long roots. Molars y and ^ are of moderate size and hypsodont. The enamel inflections and lakes on the last temporary premolar and the two molars are either antero- posterior or oblique. The large permanent premolar, though quite young, is somewhat worn on the grinding surface. It has six enamel inflections, most of which are oblique. To ascertain the form of the enamel pattern far- ther down, the tooth was sawn in two about half way from the top of the crown to the root. Here, as shown in Fig. 26, r, the pattern is exactly that of Mylagaulus. There are five approximately longi- tudinal lakes in three rows, as in M, paniensis. My is nearly worn out. It is closely crowded against the premolar, and on the anterior portion next to this tooth the enamel is absent. Like the corresponding tooth in specimen No. 723, to be described later, it looks as if the anterior portion of the tooth has been absorbed. If the animal had lived the tooth would evidently soon have been shed. M^ is prismatic and quite high though its lower portion cannot be seen. M^ cannot be very high on account of its proximity Annals of the Carnegie Museum. to the posterior portion of the incisor. It is undoubtedly much like the corresponding tooth of No. 723. It is possible that in old age one o shed, leaving only the prismatic premol; this tooth and Mj- as in J/] paniensis f This species difTers from M. jnanodon premolar, in the number of enamel inflections, in the angle of the mandible, and in the condyle. The posterior angle is not just like anything I know in any rodent. It projects outward and is twisted both of these', molars were . as seen in M. monodon, or n the size of the permanent r (No. 742). J«wer .Madison V.Uey. L«ft a, side viea,- ; b, Ihe same, lop view sbowing ing section of P, at place indicslcd in a, where FlCI. i6. Myla-aalut mnus of mandible. \ \ crowns of leelh -, (, the ? the loolh was sawed in Iw on itself so ihat anterior surface faces upward and forward more than outward. This terminatts in a lcnticular-shai)ed surface facing down- ward, backward ami outward. Lrnsili^fn. Douglass: Vertebrates from Montana Tertiary. 189 Depth of mandible at prismatic premolar 13 Dcplb of mandible from top of condyle to bottom of angle 30 Height of premolar 14 Length of premolar at alveolar border 6 Length of M, 4 Width of Mi 3 Length of My : 3 Width of Mj 2.5 Found in bluffs of Lower Madison valley, Montana. Mylagaulus PKOXiMus sp. nov. No, 842. Fig. 27. Part of a mandible with the anterior portion and the angle gone. Il is smaller and less robust than the corresponding part of M. prox- imus, not being so deep, so thick, or so long. The condyloid proc- ess is shorter and not so broad an tero- posteriorly, and the articular process is broader transversely. This is a somewhat younger ani- mal than the preceding. When the animal died the large 'Tk'V ^^ permanent premolar was erupting ""^ and had nearly reached the alveolar border. This tooth, being much larger than its two predecessors, the ^^ ' ' ''^^ portion of the jaw containing the roots of the latter had to be ab- sorbed. A small part of this alve- olar portion, with one root of the f anterior temporary molar remains above the postero -external portion j.,,, ^^ Myl^s""''^ f-"""'"' K^-^- of the large premolar. The last 343). Lower Madison valley. | nal- temporary molar being unreduced ural size, a, inner view of portion of in an tero -posterior diameter was mandible. The lai^e permanent pre- beingpushedout by thisnewtOOlh. "">'" ""Ption. b, the same, upper ,_, . ... 1 u view; p, permanent premolar; dp,. This last temporary molar has a ,^ . "^ , ' ^ ' apf, temporary molars, larger grinding surface than that of M. proximus, but is low, nearly worn ont, and has two long slender roots. P J is not as large, but it would undoubtedly have become larger as there is a considerable sjiace between its posterior border and the anterior border ofM j. This last tooth is long vertically on account 190 Annals of the Carnegie Museum. of its greater age, longer than the premolar. It appeais to be open below and not to have completed its growth. It is very doubtful if this tooth would be shed during the lifetime of the animal. It had not yet come into use, at least it is not worn, though it projects some distance above the alveolar border. M, was just erupting. Evidently the two temporary molars and the two permanent ones were about equal in length and width. Depth of ramus under last molar it Length of dental series 13 A ntero- posterior diameter of immaluie permanenl premolar 6 Leoglb of dwj and ms^ and , each 3 Same beds as the preceding. Mylagaulus sp. No. 723. Fig. 28. This specimen, which is a portion of a lower jaw, has lost the pris- matic premolar, which judging by the inner portion of the alveole. Flc. z8. Mylagauliii} (No, 723), Lower Madison valley. \ natural size, a, portion of jaw showing alveolus of I'j , dp,^? and Mj? M,? ; i. crown view of same, Pj ; nl, alveolus of permanenl premolar, dp^ temporary premolar, was proportionally as large as in the specimen just described. The last temporary premolar is much reduced, as if by partial absorption, as in the specimen oi M. proximus (No. 842). Its antero- posterior is half its transverse diameter. The crown is nearly worn down to the roots. Mj is not so high as in M. prisiinus. Mj is still lower. Both the molars might be shed in old age. Douglass: Vertebrates from Montana Tertiary. 191 Measurements. Mm. From front of incisor to back of j 26 Length of alveolus of permanent premolar 6 Length of dp^j 1.2 Width ** " 3 From the Lower Madison Valley. Mylagaulus Paniensis? No. 731. Fig. 29. A separate permanent premolar (No. 731) found in the lower Madi- son Valley beds, may belong to the above named species. It is figured to show the partial covering of cement which is quite thick on the middle portion of the tooth, but thins out to wards the top, so that the enamel is nearly bare. s Rodent. No. 802. ,^« An incisor tooth from the Loup Fork beds of the Lower Madison valley indicates a large rodent — larger than the existing beavers. Judging by its curvature it is an inferior incisor. On the anterior surface there are about a dozen small , / ^ ' . . ' lagaulus paniensis ? longitudinal striae with still smaller cross-stria- r^^ T\i). Lower tions. The striated enamel surface reaches from Madison valley. \\ the anterior inner angle of the tooth, where it natural size, a, per- is bounded by a longitudinal groove, to near the manent premolar, side middle of the outer surface, where it ends . ' ' ' view. abruptly, this surface being somewhat elevated above the surface just posterior to it. The antero-posterior is much greater than the transverse diameter, making it less near an equilat- eral triangle in section than the corresponding tooth of the Beaver, Castor canadensis. Mm. Antero-posterior diameter of tooth 12 Transverse diameter 8.5 Length of portion of tooth preserved 80 192 Annals of the Carnegie Museum. CARNIVORA. MUSTELA ? MINOR Sp. nOV. No. 848. Fig. 30. The type is a left mandibular ramus, lacking the incisors, the coro- noid process and the condyle. It was found in a clay cliff near the bottom of the Loup Fork beds in the Lower Madison Valley. It is smaller than the corresponding part of M. ogygia Matthew/ being a little over one half the length. The canine is semi -procumbent. There were three premolars. Pj is lost, but its two minute alveoli can be seen ; the anterior one is confluent with that Fig. 30. Mustela minor (No. ^f ^y^^ canine. P3" has a rudimentary 848). Lower Madison valley. Left , , t r> ^.u u 1 • u *.*. j ^ ' r j.,^, , 1 • heel. In Pj the heel is better devel- ramus of mandible. | natural size. * oped and there is a small accessory cusp on the posterior outer side of the protoconid. There is also a small anterior rudimentary cusp. The carnassial has a well -developed inner cusp. M^ was small and set partly in the ascending ramus. The angle of the jaw is nearly like that of the common weasel. The masseteric fossa is very deep. lam in doubt whether this should be placed in the genus Mustela, as it differs from most or all of the known species in having only three crowded premolars and having a well-developed metaconid on My. There are other slight differences. DiNOCYON OSSIBRAGUS sp. nOV. No. 790. Figs. 31 and 32. Portions of the skull and teeth of this large carnivor were found in a sandy stratum in the Loup Fork beds of the Lower Madison Valley. Enough of the fragments have been fitted together to give some idea 01 the great size of the animal. Judging by the parts preserved it was much larger than the grizzly bear, but not quite so large as the cave bear, Ursus spchcus. The skull was evidently not less than seventeen inches in length and probably considerably longer. The length of the last upper premolar and the two molars is nearly the same as that • 'Fossil Mammals from Colorado. Memoirs Am. Mus. JVat. his.^ Vol. L, Part VIL, p. 383, Figs. 8 and 9. Douglass : Vertebrates from Montana Tertiary. 193 of the corresponding teeth of Amphkyon major which is figured in de Blainville's Osteographie. The face is short and the teeth crowded together without disaste- mata. The last three premolars are preserved and there appears to have been a small first premolar. A part of the posterior portion of the alveolus of tHe canine is present and is but a slight distance in front of P2. What appears to be a small portion of the alveolus of Pl is also preserved, but it must have been small and crowded be- , tween the canine and P5. The posterior portion of the skull, espe- cially the mastoid portion, is massive. The mastoid and postglenoid process are bear-like, while the teeth have the general pattern of those of the dogs, but are low, strong, blunt, and simple, as if formed for grinding and crushing rather than for cutting. The worn condition of