New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-11-12

enced bv the clerks OF the United states Circuit and Dis
Itiel courts III oD'ang I ~ , -, W. III t I'D
the Clerk Of the District Court OF the United states Tor
mis- District make ont and le in the Office
of this Court list Of persons 10 serve "a jurors the
Courts OF the United States for this District and that
such list be made ont in the manner 10y the laws
of the State of NewYork the public officers charged with
the duty Of making ont the list of jurors 10 serve as jury
in the courts Of said State in and for said city and
county are required 10 make out such list And II Is
further ordered that the said clerks, from time 20 timc
and revise such list they may deem II neces
say, the end that such list may be made and kept,
state Of NewYOrk And further ordered, that from
the list made ard fled. grand and petit jurors shall he
selected and shall be drawn by lot IN accordance far
as practicable with the laws OF te State OF NcWioik
by the said clerks, as from time to time The same may he
ordered by the Courts OF the United States in this Dis
rict and list OF the persons 50 drawn ccrthed 10y sald
clerks shall be attached 10 the writ OF rre issued 10 the
further ordered that as to ali matters relating to the
selecting warning ana swearing OF jurors or said e3qrls
IN respect thereto contained IN the laws OF the state OF
New-6Ork
Petitions in bankruptcy were filed and referred yescr
day, follows Petition OF Richard H. Miller OF this city,
cy referred Register Kechun, and OF John 5. Bgc
low, of Maiden Ulster County referred to Register
In the Supreme Court. Circuit yesterday, Judge Smith
tried the OF Johu Hicsand a George X. Otis. The
plaintiff alleges than the 10th Of June, 1864 he entered
into contract with carry the United
Estates mail from Achison, Kansas 10 Folsom California
on about the 1st of Jny 1864 defendant offered PLAIN
h $4,000 10 get released from this contract and allow
defendant 10 obtain II in his stead which offer plaintiff
accepted He obtained the release, and thereupOn the
defendant obtained contract but nevertheless.
paid the bonus any part OF it, After testimony
10, plaintiff defendants counsel moved the dismissal OF
the complaint the grounds LIST, That the agreement
not made by defendant on his own behalf but be
haf Of the Overland Mail Company and the latter
The proper party TO ID That the agreement void
inew the bid OF plaintiff not made in good faith
aud the agreement 10 be carried ont by deceiying the
plaintiff from the contract 3D. That the proof docs
support the complaint, in which the plaintiff that
me had a contract with the POstOice Department. 4th
That the promise TO pay $4,000 for which the suit
Brought without consideration. The Court granted
oUaf nd IL ht
O'clock y. IN such way 10 aver whether the agree
ent made with OTIS Individually or as the agent Of
tfe Overland Mail Company
gnihe superior Court before Judge McCuun yesterday
Il less OF services OF his and his expenses arising
nj smiths testimony il would seem that the hoy got or
not top and told the bow 10 eet down The boy tried 70
get Owp and while getting down the driver struck him
wit his whip aud grasped the boys cap The boy fell
and Lhe passed his foot On the first trial the
COu Onsuted the complainant on the ground OF gil
gene his part This decision the Court appeal re-
vi and on the present trial the defendants
pelle 30 PCT in their defense This defense that the
boy interfering with the money! box, and being
detec s1 hurried down. falling in dang The jury
found fer the plaiDth 81 500.
The eese OF the viii of Maria Ann Borman was before
the Su 1rene Court General Term yesterday The
has ali ady been fully reported in it, progres through
the rssate's Court and ~ appeal from
the decl2pn OF the surrogate that the WILL or rather
papers proposed Is valid wall The tIan question is
whether Mrs IoIlnan who had always been eccentric,
and who, - months after, decidedly insane was at
the time u making the two papers which are presented
her via Of sound mind This question will. Of course
the is worth $4,000 go jury; but the argu
nDt OF the case was yesterday arrested by matter not
raised before the Sunogat. Both the papers presented
executed on the same Gay and are In The main dup
Gates, but in 01eor two 0nts dissn:lar she question
therefore raised By tue Court that two dssimlar
papers could oOt beth he the will and II was suggested
thatehe mast therefore he sent back the Surrogate
decide which paper Is the will Afcr some discussion
the ease adjourned.
In the application Of the Ere and Fennsylyania Rail
roads 80 have hef agents reinstaed a. Castle Garden,
ge}arnard hSs dismissed the application far
the Pennsylvania road is concerned grOHud that
they are foreign porstiOn Ou has alade no decision
az 10 the Erie Railroad
an the Anpreme Court. Chambars before Mr. Justice
InSrahan the matter OF The Lsthrop sewing MYchne
Co agt Tie Bond Lathrop Sewing Machine Co et al,
was decided yeoterday. plaintiffs motion lor receiver
being graHed unless defendants give an undertaking.
with snretles be approved by the Court at the prop
cry sall h. surrendered 20 plaintiffs il ~ ordered on
final hearing T. {. Meade for plaintiffs; j. :. Furlong
for defendants.
CntfpT CATFNDAR Tn. ny