The Express.
London, England, 1859-08-25 00:00:00

BEITINO TiteIiBACTIONL

A case of considerable interest to sporting men
was tried at the Wolverhampton County Court, on Friday
lest, before A. M. Skinner, Esq., the newly-appointed judge.
The dale was for Om guineas, which bad been lent by the
Mr. Harbour, the landlord of the Golden Ball,
Var=street,Wolverhampton, under the following &cum-
Menem the month of April last, defendant, Wil-
liam Morrell, who and publioan, residing at Bilston, was
at *theirs house, there bat Shy to ate spinet Life-
boat, upon the result of the Metropolitan Stakes, which
event was to take pleat at Epsom on the following Friday.
The person with whom the bet was made we a meager to
the defendant, and as the teller resided out of town, it was
peek at defendant's request, that, in the event of his
losing, Harbour, the plaintiff, should pry over the Sr.
pumas to the winner for him. It so happened that Mor-
rell lost the wager, and Harbour accordingly paid over the
Sr. enlaces to the person with whom the bee was reeds.
Plaintiff subsequently applied to the defendant for repay-
ment of the money, but could never obtain it, and hone*
the present action. ft was stated that, at the time the bat
was made, the quoted odds against Lifeboat were eaves to
one; but this plaintiff said he was not aware of. The
above facts having been proved by the evidence of the
plaintiff and his wit:time% the defendant was called sal
swore that he was so &mak at the time that be knew nothing
of the bet until he was informed on the following=
oaned
and be had always m the claim because he
be had been swindled. The chief point upon which the
defence rested was that the money was lent for gambling
isTTand therefore was not recoverable.
laydon, barrister, who append for the plaintiff.
argued differently, and conteaded that the money could not
be considered to have bees lent until after the event which
had not takes place when the bet was made.
His Honour considered the weight of seldom we in
favour of the plaint 4 barriag the proposition in law which
had been ratted on the part of the defendant. He was die•
gpoed to think the money we lint for gambling ?wpm.
Hie Honour ultimately agreed to defer giving magmas*
until tau coast, when the point above referred to will be
argued by the respective advents'.

The Rev. Canon Barnes, vicar of Colyton with
Yonckton and Shute (vela. 72W,), died in residence at
Christ Church, Oxford, on fhtnday evening, at the advanced
age of 89. The deceased had held hi. canonry (worth 7001.
• year), since 1810, end the vicarage of Colyton over half a
watery._ _ _

Mr: Joseph Ouuiog, esceetary to St. George's
Hcopital, states that none of the medical gentlemen who
gave evidence on the trial of Dr. Smethurst am in any way
connected with the hospital, either as lecturers in the St.
Georges Hospital School, or u medial afloat@ of the
Institution.

Marshal de MaoMabee, Duke of Magenta, ar-
rived two evenings ago at Mont/Ramon (Loiret), where him
family reside. Every preparalioa which time would allow
was mails to give him a indelible reception. A triumphal
arch with 110INTS and evergreens was erected; the sub-

prefect of the ancediesseeit and all the authorities wen
aaelaabled to welowne Win; mad the marshal, so he pined
along, was balled with enthusiastic sheers.

Abd-el-Kader, though resigned to inactivity in
his geld retreat in the Eat, amens by no means inclined to
let the world forget the id of his existence. He has a
decided taste for epistolary labours, and frequently seizes oa
the opportunity of addressing letters to eminent prams
intrusted with bitch office in his native country. The ap.
pointnant of the Count de Chaeseloup-Lattbat to the ministry
of Algeria hes called forth from the emir a complimentary
letter which is printed in the Paris journals.

The Carts;uhe Gazette announces that the Prin-
ce. Stephanla has arrived at Baden, at which place are also
Count de Bnol•Bchauensteln, M. de Houten&ll, the Russia
saabeandor at Constantinople, Count de Neesel.4 General
Patios. and Colonel tichmitz, of the French staff, who
conveyed to the Empress of the French one of the colours
lase from the Austrians.

The Berlin papas mention a curious lawsuit
which is now going on spinet the Swedish Government.
♦ Lubeck merchant lent Stateroom In the year 1636,f0r the
prosecution albs 30 years' war,813,000 Lubeck crowns, &largo
mm in those days. He stipulated for 8 par cent. interest, which.
as well as the capital, has never been paid. The proofs ere
mid to be complete, end the interest has been regularly
demanded during the 223 years which have elapsed, so that
the heirs now claim compound interest on the whole, which
would amount to a fabulous sum. The principal, with
simple interest and some compensation, will probably be
forthosming.

BANKRUPTCY OP MR. BAGSITAW, LATE M.P. POI
HARRlCH.—Yesterday, at Garrswers, Mews. Fa/sheathe:
offered to public auction, by ruder of the &soignee', the reel-
deuce, pleaanre-grounda, garden, and lead, late in the mem•
petite of Mr. Biter, and known as " Cid Rome," et
Doverootut, near Hater.,.. The miasma was stated to he
emoted remedial* dome, to the Italian style, and fitted op
with the utmost elegance; also the Bp., •itti snits of roomy
conservatory, stabling, kitchen-garem and paean land.
containing about 21 scree; held from the Board of Ordnanoe
for an unexpired term of 22 year" eta not of 261.195. M.
' per annum. Knocked down at 2,9601.
AN INFORMER'S FUN ZEAL. —MS follow o g SOMMIRi
of the burial of John Kelly, the" informer" against the
Phoinixtes is taken from the Banner of Mita lids
misguided young man has come to an "any end, and k now
the tenant of en obscure grave, which members of the party
be wise once connected with have "heady dishononted.
When his infotmetim brought his Mothers within the resok
of justice for being nsrnbers of an illegal confederacy, he
was oleo retained in our uoonty prison himself, to prosecute
them and the cart. ' dabbles.' At the time of his Maw-
; oration he was suffering under pulmonary disease, and long
imprisoumeet aggravated this into confirmed consumption.
On flabbeth forenoon his remains were conveyed to Friar's
Rush burying-ground for interment, accompanied by a
Yety. thin pffneroon• A member of the more fiery Romania&
partisans had, however, asaemblad at the plate of reptilian.
determined to . prevent the corpse of • ' traitor' front findingit
resting-place coneecrstad ground,' and this purpose they
abet. d, after • soma ouch as has never been witnessed in this
put of the north. The friends of the deceased sod their
opponents engaged ho a wordy quarrel over the ashes of the
dead, sad pee root to their passion in epithets welch it was
revolting to bear, end which had nearly led to
one of thou 'rows' still common in the south
and west. Even Ilse presume and remonstrances
of a Roman catholic pnest could not for • time
restrain them. A conspicuous perm, named 'Barney,
would not permit the bitty to be laid in the ' old' or primes
ground; neither perm. kes nor bellying could win his
consent; be . his point; and It was necessary to cm
• second pave in the common or ' cholera' ground, whither
the coffin was borne, amid &home of 'Take it to —. Out ei
this!" Throw it info the field or the eltotigh, it's too good
for it,' and similar exclieuatione. At length the =honoured
bed was male; the coffin was lowered; some prayers were
harriedly pronatiacsd by the clergyman; the clay woe
quickly .hovetled it. and trod len down • the funeral petty
rapidly kit the ground; and at last Si' remains of poor
Kelly were left to moulder in peace. The acme proves that
a strong epapathy with rbbooiem atilt remits among the
Reasaairt mama of oar community."

ALARMING ACCIDENT.—EXETEIL, WEDNESDAT.-ao
This beteg the day of the Barnes le and North Deena
Ream, an excursion train was advertised to leave the
David's Motive, mar Exeter, for Barnstaple, at 9.10
a.m. The weather being delightful and the attractions
great a large Lauber of peewee from Exeter arid the
vicinity took tickets. The train consisted of about toe
carriages, two of the Wet class next to the (regime
being fortmately empty. It left the station shortly
after the appointed Ume. and proceed, d at a moderate
pace toward. C„,wley-bvidee, which it situate about
mile trim Exeter. At this spot the Credtion sad North
Devoe lines brand off by a bcctge acre. the river Ku.
After passing a few yards over the line above this
bridge, the engine, by some means not yet satisfactorily
expleteed, ran elf the line, carrying with it the two empty
carriages, but most fortunately, in consequence of the
' breaking of the coupling iron, leaving the other csrrisgee
which contained the exmareloniics on the lice. The engine
and carriages in question fell over on their aides upon the
embankment, and the caniagea were shivered in pieces.
Beyond a few bruises the passengers in the carriages on
tee line escaped serious injury. We regret to state,
bower• r, that Mr. Mears, the superintendent of the Ste
David's *Whin, was wriou•ly ,njured. It appears that he
was on the eagle. with the driver and stoker at the tide
when the accident occurred. Ile was thrown off under the
step• of the tender, and was obliged to be dug out of the
&twit. He was found to be severely injured ; his leg was
broken, and be was much bruised about the bely. He was
carefully euevayed hums on a stretcher, and received
prompt surgical attendance, end la happily progressing
favourably. Mr. Mears, by he, ceurteetaa manner, has won
universal respect, and this alarming acrid, vet has awakened
a deep feeling of sympathy for him. The driver wee
thrown off and fell near the stepe of the tender, but
he escaped without injury. The poker was thrown with
orealderable violence has an adjoining field, but he has
net austained .n 7 arida injury. Had the two carriage'
mat the line been occupied by passengers the lose
of life must have been tearful. Mr. Lorne, the deputy.
=point. odes', on hearing of the accident, was mod
promptly on the spot, and, by his active exertions, aided by
a staff of labourer., the line wo expected to be ready seals
fir traffic this afternoon. The telegraphic wires were
enasabed by the overturning i f ik• engine and carriages, the
enamel mace of which is that telegraphic couimenicadcre
from Exeter to the north et Devon is for the meat
etopaped.
YASSENGER BOATS ON THE TTNE.—The new
passenger boat quem on the Tyne is at Wt an fait as.
compli. The Lsoi•e Crawehay, tbe Bret of the Pinta at rear
stemaere, made her trial trip on Monday, and yesterday addn
two the *Tin 011 to the *thrift to the delight end admire.
lion of the inhabitants On both beaks of the river. The
WSW is exceedingly neat sod commodious, and the fares es-
tragedy low,—.Netrastle Chrolick.