The Express.
London, England, 1863-02-14 00:00:00

COURT OF COMMON PLEAS.-FEB. 13.

Sittings at Nili Prins in London.—(Before Lord Chief Justice
Erie and a Special Jury.)
10.78111V1M Or THIS COURT.
This was the first day of the sitting in London after term,
and the hat motel= 110 entries. of which 46 are marked
for trial by special juries. 27 of the cases are remanets.

LIWZLLIN O. WI/WAIL -WR. WINDH&M AGAIN.

The plaintiff and several witnesses b►ving been examined,
a conference took place between the learned counsel, and
A verdict was then taken by consent for 841., the balance
claimed after allowing for the sum paid into court.

COLLIBOWOOD S. BIRLILIT AND OTHERS.—THI BRITISH
COLUMBIA OVERLIM rsixarr CO/IPAI4T.
. . - . .

The plaintifiLC- this canbladecli;Zro; complained
that be had been induced by the false representations of the
defendants to pay 42/. for • passage to British Columbia •
and in another count be complained that the defendants heti
not performed their contract to carry him to that pleas.
Mr. Serjeant Shee, Mr. Serjeaat Pigott, and Mr. Pearce
were for the plaintiff ; and the defendants appeared by dif-
ferent counsel—Mr. IL Smith and Mr. Hannon for the defend-
ant, the Hon. Francis Henry Fitthardinge Berkeley ; Mr.
Hawkins and Mr. Kingdom for Mr. Fenner ; Mr. T. Atkin-
ma for Mr. Starkey ; Mr. Daly for Mr. Jadis and Mr.
Loder and the defendant Mr. Ninth was unrepresented.
Mr. Serjesnt Shea in opening the case said that the plain.
tiff formerly held • commission in her Majesty's service, but
having left that service be was in April, 1862, attracted by
an advertisement in the Times, published by the British
Columbia Overland Transit Company (Limited), of which
the defendants were directors, and he called at the office and
received • prospectus, which talked in glowing terms of the
enormous yield of gold in British Columbia, and offered the
services of the company to carry persona there overland,
thus avoiding the delay of the long sea voyage. The pas-
sengers were to land at Quebec, to be consigned thence to
Chicago, and to a place called St. Paul's, in
Minnesota, and so on to their destination. The
plaintiff on the 11th of April received • circular
from Mr. Hansen, the secretary to the company, in
which it said that the company was about to despatch •
party of first and second class passengers, that the latter
part of the journey was to be performed in covered waggons
with four hones, and that due precautions bad been taken
for the successful performance of the journey. As to the
nature of the route, it stated that there was sufficient pas-
tor any number of cattle, that there was plenty of
fish the rivers, and that buffaloes and game were abun-
dant. Under these circumstances the defendant was in-
doped to take • passage, and to pay 421. for it. He with
some others left London, sailed in the United Kingdom
from Glasgow, and they arrived safe and sound at St. Paul's.
At that place there were sufficient carriages and bones to
carry them on, but it appeared that the company bad neither
money nor credit, and the consequence was that they
were obliged to encamp under canvass, and the plaintiff
was deputed to come so London and represent their gnaw-
'aces to the company. He arrived, and went to the office
in Copthall-court, where he found their name no longer up,
and all that remained was a notice that letters might be
left with the laundress. He applied to Mr. Bennett, who
bad been employed by the company as ship broker, and to
Messrs. Prickett and Collett, the solicitors. These last
named gentlemen entered into negotiations for the purpon
of imams the passengers compensation, but that came to
nothing, it being intimated that the directors repudiated
the authority of the promoter and manager, Colonel Sleigh.
The learned counsel added that in one upon it was for-
tunate that the transit bad broken down at Bt. Paul's, for
otherwise the same catastrophe might have happened in the
Rocky Mountains, and then probably the party would never
more have been heard of. The plaintiff preferred •
of obtaining money under false pretences against
r.
Hansen, the secretary, before Mr. Alderman Fiume, but it
seemed that that person was only a servant, and was not
responsible for what had been done.
Mr. Collingwood, the plaintiff, said—l was formerly cornet
Is the Land Transport Corps, in the Crimea, and, in conse-
quence of seeing an advertisement of this company I called
at their offices and saw Mr. Hansen.
. . . _

Mr. M. Smith objected to any evidence of what Mr.
Hansen did, ioumuch as the defence of his client wee that
he WWI Dever a member of any company, although some per-
sona, without authority, used his name and chose ►o transact
bushier.
The Lord Chief Justice said he would receive the evi-
dence, but, of coons, it would h►ve no effect unless Mr.
Hansen's authority were shown.

Witmer contmtied—Mr. HMS= gave me a prospectus,
sad I received other documents from him. (These papers
were read.)
The Loud Chief Justice maid that the contents of these
documents would not affect any defendant unless he was
shown to have authorized them.

Witness —I took my passage, and on the 24th April paid
201. deposit, and afterwards the balance of 22!. On the 31st
May I sailed from Glasgow with 31 other pamengers, and
we arrived at St. Pants on the 27th June. A person
mimed Hayward accompanied the passengers es a represen-
tative of die company. There were no covered waggons as
promised, nor may wort to take us to the lied River. A
Mr. Hime was there on the part of the company, and he
was vary anxious for the arrival of Mr. Haward with
money. We tried to make arrangement' with Masers.
bank, who were carriers, to send us on, but this could not
be done, as they would not take the company's bills. A
meeting of passengers was held, and I was deputed to come
to London, laving my fellow-travellers under canvass. I
went to the company's offices in Copthdl-court, and found
the name of the company had been painted out, and that
of another company painted in. I consulted Mr. Harris, •
solicitor, and I saw Meows. Prickett and Collett, and after-
wards I made • complaint against Mr. Hansen. My en-
glltincurred in consequence of not being taken on from
ura amount to 411. lbs. I left my logpge at St.
Paul's, thinking to return immediately, and the last I heard
of it was, that it was at New York. My outfit cost
about 601.

Cram-examined—l miw Colossi Sleigh at Coptball•eourt,
and he seemed to be taking an active part in the Oa of
the compaay. I have never men Colonel Sleigh since I
came back.

Mr. Hawkins —He Is like the company, shut up.
Mr. Hansen—l was formerly employed by the West-end
and Crystal Palace Railway Company. After leaving that
employ I became aNnainted with Colonel Sleigh, who was
then proprietor of the West-mid Bank. At his request I
c sled upon Mr. Berkeley and showed him a prospectus,
bntdid not leave it with him. Mr. Berkeley's name was
on it. I got a letter fmm Mr. Berkeley, dated the Ist
April, in which he says, "Oa the distinct nodentanding
that I am indemnified and qualified, I have no objection to
Woo; to the British Columbia Overland Transit Banking
Corporation (Limited)." I saw Mr. Berkeley several time@
afterwards in reference to some questions in the House of
Commons respecting this company. I said Colonel
Sleigh authorised me to call on him, and ask him to
answer a question which would be put in the
House of Commons. I got soother letter from Mr.
Berkeley. in which he sai4 " I have consulted Mr. Chi-
cheater Fortescue, and he considered it were beet that I
should merely watch the prow/dings, sod come in if the
thing looked serious, and it did not. At the same time I
should like to know what probability there is of our over-
coming the difficulty alluded to in the Times of to.day.
It will not do for oar emigrants to eat dead horses and
dogs. Colonel S. is not endowed with much confidence by
the public." On the 30th May Mr. Berkeley wrote.
" Dear sir—Plcaae to withdraw my name from the British
Columbia Emigration Company at once. I am not at all
satisfied with the arrangements, and decline to belong to it,"
I called upon Mr. Loder, in Laurence Ponntneplane, and
asked him to become a director. His name was printed as
a director, and I afterwards had interviews with, and re-
ceived letters from, him. (The witoees gave somewhat
similar evidence in reference to Mr. Starkey, and added)-
1 told him on one occasion that money had been received
and emigrants were going out. I called on Mr. Jadis, at
2, Parliameotetreet, with a prospectus. in which his name
was. I received a letter from him, in which he said :
" On the distinct understanding that I am indemnified sod
qualified, I have no objection to belong to the company."
I got a letter in the same terms from Mr. Nioolls, and he
was several times at the office of the company. Between
400 and 500 persons applied for prospectuses. I received
the three mouths that I was at the office between 1,4001.
and 1,5004 Colonel Sleigh saw people at the offices. I
believe his name did not appear upon the prospected. He
was the manager of the company.
At this stage of the cause the further hearing was ad-
jonromL

COMM 07 LIIIITIS AD'. —A special court of
lisuteasoc7 was convened yesterday at Guildhall, under the
of the Lord Mayor, to receive a communication
rem the Mayor relative to the public) reception ou
the 7th March text of the Princes Alexandra of Denmark
on her pares, through the City of Leedom, accompanied
by hie Royal Highness the Pnoce of Wales and her royal
parents, the Prises and Princess of Denmark, sod to make
each arrangements as may be deemed suitable to the occa-
sion. A long discussion took place relative to the arrange-
manta which should be reads, and it was eveatually referred
to a committee of abbe to corserske the matter and to report
what they thought beat to he dose to an early court, which
would be conversed for that Tarpons One of the members
then brought before the wort a question as to what arrange-
ment+ should be made with reprd to the City volunteer
brigades. no Lord Mayor informed thecourt that be was
about to have an interview that titanium with Colonel
M'Murdo, the inspector nt volunteers ; and after a short
deliberation hie lordship wee empowered to make any
arrangement with Colonel M'Mardo that they each might
thick but. The malt will of same sot be known until
Lb, meeting of the next court.
Tan Bussaaltauil WE/IL AWD Lows'.
',moos masomme for the maw litit ltablirmatie Gnaw
Newer, Myrtle, sad Lily a the Valley—three MUM Is a are.
7c), se IL Newlosi4tiost.W.-o.4hadleamaj