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

LAW INTKLLIGENOM
(THIS DAY.)

COURT OF COMMON PLEAS.
Ezttitp at Nil Prim i 4 Loadac.—(Blear Lod Clod
Justine Erie sad a Spacial Jury.)
01.1.INGWOOD o. NIJAELAY AND MIN& storm
COLUNIDA OTIBLAND TRANSIT COKPAXT.
. _

The bearing of this cue was resumed this morning. It
TEM an action against the Hon. F. H. F. Berkeley and
e era' other gentlemen, directors of the British Columbia
overland Transit Company (Limited), to recover 42i. which
•oe plaintiff alleged that he had been induced to pay for a
passage by the false representations of the defendants ; sod
to also claimed damages for breach of contract.
Mr. Serjeant Shee, Mr. Serisant Pigott, and Mr. Pearce
initiated for the plaintiff; and the following counsel were for
the various defendants :—Mr. M. Smith and Mr. Bingdon
be Mr. Berkeley, Mr. Hawkins and Mr. 114/10110 for Mr.
ROOM Mr. Tindal Atkinson for Mr. Starkey, Mr. Daly for
Mr. Jodi' and Mr. Loder ; Captain Nicolls was %mopes.
mated.
Mr. Benno was called, and cross-examined by Mr. M.
Smith. Colonel Sleigh was constantly at the office, and I
received my orders from him. No company was ever
"oared ; no deed was prepared that lam aware of ; and
gore was no meeting of directors, and no allotment of shares.
I never saw Mr. Berkeley at the offioe of the company,
ad I believe no notices of what was going oo were sent to
.en. I believe Mr. Mangles' name was put on the prospectus
M Colonel Sleigh, and when I went to Mr. Berkeley he said
to knew Mr. Menem and his (name being there gave him
coondenos. Colonel Sleigh also put Mr. Berkeley's name on
the prospectus, but I do not think Celonel.Sleigh's name was
mentioned to Mr. Berkeley ; Colonel Sleigh I believe gave
directions for all the papers put in to be printed. I did not
receive directions from anybody but Colonel Sleigh.
Mr. Hawkins said that as Mr. Fenner', name had not
beep mentioned by this witness it was not necessary for
boo at present to cross-a:amine him.
. _ .

Cimerimamined by Mr. T. Atkinson—l think I recollect
Mr. Starkey asking for Colonel Sleigh in reference to with-
drawing hie name.
... . .. .

fle-e;ansined—l saw Mr. Starkie several times at the of-
fice. and I believe that the preepeetoses were lying about
when he was there. He maw Colonel Sleigh when he
called on some occasions. _ _ _

Mr. Jams Warrington—ln the month of April I was de-
sirous of sending a son to Columbia, and, having seen thead.
vertisement of the company, I went to the office several times.
This was in April. I always saw Colonel Sleigh there. A
prospectus with a map was handed to me by Mr. Heosen,
and I read the names of the directors with every attention.
Colonel Sleigh gave me a most flattering amount of the
facilities they had for accomplishing the journey. I had
rat doubts about the practicability of crafting the prairie.
I asked to see a director, and I went to Mr. Starkey's
counting-house twice, and not seeing him I wrote
a letter to him, and left it with a person
torte. (This letter ftated that Mr. Starttey's
woe being upon the list of directors of the company, and
ft having met hiss upon his second call, the writer beggged for
is interriew, as he was very anxious, as • matter of lasi.
sess, to introduce himself to one director at least in the
City before entrusting his see to be conveyed by this novel
rate, so large a portion of which was almost
▪ trackless path, and must be surrounded by great
Lfficulty and peril.) I received an answer, dated the
17th May, 1862, in which Mr. Starkey said, "Colonel
Sleigh is principal in managing ; have you seen him? He
no tell you aM As oar children are dear to us, my
drift is, 'keep him at home, for there is no place like Old
England." (laughter.)
Mr.
Witsese— t3erjeal did.nt Pigott—And I believe you did keep him?
Mr. Goodlake, a gentleman from the Times, proved that
lb. oompany Ina on many co:salons advertised in that
;spar daring the months of April and May, there being an
advertisement every day in May. On the 96th May a letter
vas published in the paper in reference to the company.
It was signed "Canada West," and on the Wed May the
names of the directors were mentioned in the Money Article.
On the 27th there was • letter by Mr. Hansen in answer to
"Canada Weft."

Crom-examined—He had • letter from Mr. Starkey, dated
the 18th of August.
Mr. T. Atkinson said he would all for that Wier if it
should become necessary.
Witnees—The letter of "Canada West" stated the
difficulties of the journey ; and another letter referred to
"hoes and dugs" being the probable food of peewee
gain by that route.
Mr. Hayward—l saw the advertisement in theTieres, and
I got a prospects@ from Messrs. Lubbock's. I saw Mr.
Mangles, and in consequence of that interview I bad •
letter from Colonel Sleigh, stating that he would be
happy to see me. I celled at the office and waspi
pointed on the 28th May, 1862, to socompany the
who sailed as " through agent." I went to Glesgow. •
sailed. 1 wee .provided with 101. and • letter of credit to
Major Shrapnel, the oarmck.master at Quebec, who was
dated to be the manager of the company there. Two mes-
sengers mune on board at Glasgow, and I received their
mow. At St. Paulo I communicated with Messrs.
Birbank, who had • line of transit to the Red River,
bet they declined to take the orders upon the core-
ryocuor upon Major Elhrapnel. When I got to
again. I foiled a letter waiting for me,
signed by Mr. Henson, the secretary, desiring me to all
upon Messrs. Bennett and Wake, " our isreets," at once.
I went, and they were ignorant of being agents. I maw
Colonel Sleigh, who said I bad come back too soon, and
that mosey had been sent out. Ho instructed me to at-
tend daily upon Margie. Bennett and Wake, and also upon
Messrs. Pritchett and Collett, the solicitors, but Colorist
=did not appear, and at the end of six weeks I at-
• asks of him furniture, at St. John's-wood. Have
not been paid.
. . .

Mr. Po;rell, who had been employed as accountant by Mr.
Fenner, the ddendant, said—ln April Mr. Fenner told me
his attention had been called to the advertisement of the
company in the Tm, and he 'eked me if I knew anything
about the me of hi name. I called with Mr. Fenner at
the offioe, and saw Coked Sleigh and Mr. BOOM, and Mr.
Fenner wail very much annoyed at his name being used.
H. looked upon me as in fault, became I knew Mr.
Heinen ; but I had given so authority far acing
his name. Colonel Sleigh mentioned is conversation
the terms upon which a geatlemea could bee director. Each
director wee to have MX in cask er paid-.p shares—l he-
llebore is oash—in the event of the meow of the company.
It was aim said that directors would be indemnified. I was
to be remunerated if Igot a director of the company. At
the interview with Colonel Sleigh and Mr. Hansen, Mr.
Fenner was exceedingly angry that they should have made
nee of his name without hie knowledge or consent. Colonel
Sleigh made many apologies, said he was the principel partner
in the Wert End Bank, and that it was the most unpleasant
thing that had ever occurred to him to nee • gentleman's
same without his consent. Colonel Sleigh sent for Mr.
Hansen, who looked very sheepish, and said he could not
account for Mr. Fenner's name being need, sod at Mr. Fen-
ner's request said his same should be withdrawn. After
Mr. Hsorn had withdrawn from the room,
Colonel Sleigh tavitmi Mr. Fenner to re.con.
eider hie decisson to withdraw his name, as it was
a very good thing, that there would be a board meeting next
weak, when the Hoe. Mr. Berkeley would be there, and
'spinal everything, and if Mr. F chose to go on he
mold judge for himself. The interview then ended, and no
meeting, I believe, took place. This interview waa ma the
sth April. I believe Mr. Fenner went away with the int-
preesion that his name would be withdrawn, and that there
was an end of it. On one or two occasions afterwards Mr.
Fenner spoke :to me about the company saying, " Sire
you see Hewes I—how are they going on ". , and I replied,
" Henson says it Is a great success." I applied for an laden).
aity for Mr. Fenner, but I do not believe that I ever comma-
mewl this circumstance to Mr. Fenner. I might have done
eo. I think It is sot unlikely. I received • letter of indem-
nity from Mr. Hessen, and Mr. Fenner's solicitor has
(rho letter was called for and not produced.) I think the
letter was signed by Mr. Henna, and it said that Mr. Fen-
ner should be indemnified from all liabilities in connexion
with the company. I applied for compensation from the
company after I got this letter of Indemnity.
dew. Hawkins objected that this last answer was not evi-

Ht ; Lordship held that it was Dot.
The mossexamination of the where was reserved.
Mr. William Peony, a printer is Lamle's-ins-Fields—
On the 29th March last Coload Sleigh seat me the MS.
prospectus of this company, and on that day I printed 'dozen
copies. This prospectus contained the names of all the de-
fendants as directors. I afterwards on several memakom
printed other copies with alterations, bat the names ris•
rosined the same. I have mew Mr. Starkey and Captaia
Nicholls at the corepsey's adios. About 2,000 praspeatusas
were printed in all.

Mr. Joseph Rotherham—T wan one of the passengers by
the United Kingdom. I remained 16 day. at St.
Paul's and during that time I received no insistence from
the company. Whee I recommit to England I left • good
many of the painienpre behind.
It was admitted that the company had never been
registered.
Another letter, dated the 30th of May, from Mr. Berkeley
to Mr. Hansen was put in, and it was in these terms :
" Representing a great mercantile coustituesoy I doubt
whether my name appearing in so many companies is pru-
dent. As regards the Columbia, I have already written to
withdraw my name. I don't desire to inquire the prospects
of the company, but after the present time my name most
not appear. There are many unpleasaut reports. and
Colonel Sleigh's name is not • tower of strength sufficient
to stein public opinioe.—P.S. Please take no step for me
in any company until we meet."
This wee the plaintiff's case.
Mr. M. Smith submitted that there was no case to go to
the jury against Mr. Berkeley.
Mr. Ilewkins contended that there wee no evidence that
Mr. Benner had ever authorised the use of his name. He
also submitted that the plaintiff should be called upon to
sleet whether be would proceed upon the counts for fraud
er upon that upon the breach of t►e contract.
The Lord Chief Julie.) thought there was a case for the
laiT in reference to the breach of enetract.
Some discnnsm• took place as to whether the counts for
fraud should be further proceeded with, but nothing came
of it.