The Express.
London, England, 1860-04-21 00:00:00

COURT OF EXCIIEQUER.—Arati.

Sittings at Nisi Praia at Westodnetor.—(Befar• Mr. Baron
Channel) and • Common Jury.)
GALL r. KELLY.-PEDESTRIANISM.

This was ana,..tiou in;ninneyliii7lZidrecniv,xl by the
defendant for the use of the plaintiff, and Cu an account
stated. The defendant pleaded never indebted and &set off.
Mr. Doyle was counsel fur the plaintiff, and Mr. lh,y fur
the defendant. _

It appeared from the evidence of the plaintiff, Wm.
Gale, that he is a pedestrian, and had drug been acquainted
with the defendant, Henry Kelly, a trunk-maker, of Alders-
gate-street, both having worked together as hook-edge
udders, the former as an apprentice and the latter as a
Journeynian. The plaintiff, having on the termination of him
app reuticei.hip given up his trade for pedeattiatugni, had in
IKf cuteleil into a match against time with &Mr. Bobby, at
Preston, to walk 2,000 miles in 2,000 half-hours. The plaintiff
had staked 1001. as a deposit with Me O'Grady, one of the
then editors of Dell's Life, but the match did nut come off.
In May, Isl 4, the plaintiff had another walking match at
Heaton, where be WWI accompanied by the defendant. On
the latter coming to London, before the concluaion of this
match, the plaintiff pee him an authority to receive lack
hu 101.1/. deposit nu the other match from Bell'. Life. The
defendant went to the office of that parr, and aubsequently
he wrote to the plaintiff, encloamg i 1.11„ and sta.ting that
he deposited with the editor 10/ each on two imitate
which he had made for the plaintiff with Manx and Walter
Atiey, and bad also depoaited 10/. in order to secure
SIMMS ground at Sydenham, for a long time mateh, also on
the plaintiff's behalf. In eowuequeuce of the plaintiff
not seeing any notice of the imitellea in &Ira Life,
be got his mother to tun at the office of the paper,
when she saw Mr. O'Grady, who informed her that Kelly
hail received the 1001., and hail Dot made any deposit. for
other matches, aa he alleged.
The learned counsel for the plaintiff then read the parti-
culars of the set off. They were for six spirting piuturva
in nil sold to the plaintiff, Al. 14.. ; for attendance nu the
plaintiff for limo, weeks during his walking 4 Premma,
tip. 4. ; travelling ex W. llb. ; and for the value of a
bull terrier, entrusted to the plaintiff for sale, 10f.
The plaintiff and defendant were both examined, as well
as other wituea,ni, and their statements were somewhat
conffictiug.
. . .

His Lourdship then summed up, leaving it to the jury to
decide on the diAcrepancy 44 the evidence.
The jury immediately returned u verdict that the 4le.
fondant hall received the thole 1001. deposit, and had no
claim to a set off.

Verdict fur We plaiutiff, luaagei 251., the full uth....3ut
claimed.

COURT OF BANKRUPTCY.-Arai. 20.
(Before Mr. Commissioner Holroy.l.)
IN II 1110111111 JA( KSON.
This bankrupt was a contractor in an extensive way of
business, and was described as of 10, Canien.otreet, City.
He now applied for a certificate. The aceouutl have already
been published in detail in connexion with an elaborate re-
port upon them prepared by Mesioi. Bart Brothers, the
accountants cugagud is the matter by the aeignees.
Mr. Bagley represented the bsiskrupt ; and Mr. Hubbard
(trunk the odic. of Beers. Bolton, '.Merriman, said Co.) ap-
peared fur t►e assignees.
Mr. Bagley stated that the main cause of the beakrapee
failure was the refusal of the Riga and Lkumberg Railway
Company to pay the bankrupt huge Winn of money due to
him under a eoutrwt he had undertaken for the eothtrectioe
of 1.15 miles of their line at a stun exceeding I,tiUt',Utki.