The Express.
London, England, 1852-08-06 00:00:00

At 10 o'clock this morning Sir It. Carden took his seat
on the bench and proceeded with the inv. stigation into the
alleged frauds committed on the intending emigrants by
Tripe. Montague and Company The court was crowded
long before the arms! of the magistrate.
Mr. Sleigh appeared as counsel fur Montague, Mr. Dick-
ies as solicitor for Tripe, and Mr. Parry, Mr. Robinson,
and Mr. Ballantine, as counsel for the alleged directors of
the reputed company.
Mr. Charles Pearson, as City solicitor, on the part of the
proscewioa, said that he had made inquiries since the sit-
ting of his worship, and the result of those inquiries wee,
that he would confine himself to two specific cases. The
very respectable gentlemen whose names have been used as
directors of the alleged company turned out not tohave been
connected with the prisoners at the bar. He had, there-
fore, to withdraw from coy prosecution of the alleged di-
rectors. Ile might say that it would be too bad to fasten
fraud upon gentlemen who had merely gone to the offices,
but against whom nothing more could be substantiated. If
there was anything against those gentlemen in another
light in connection with the reputed company, they of
course would have to answer it; but, so far as fraudulently
receiving •noney in conjunction with the two men at the
bar, nothing whatever could be.said in support of such an
allegation.
Mr. Robinson, on the part of Mr. Brown and Mr. Let-
wick, said that the only thing hie clients had to complain
of was that their names had been used in a nefarious trans-
action, of they existence of which they had no knowledge
until the public papers announced the application for sum.
mosses against the two men at the bar. His clients had
attended here day after day, to render any assistance in
their power to further the ends of justice.
Mr. Parry, on the part of Major Hawke, said that his
highly respectable client had also attended the court every
day. He had nothing whatever to do with the company,
and was much afflicted to find that his name had been made
ass of.

Sir R. Carden—l am happy to have to my that the gen-
tlemen whose names have been made public are entirely
exonerated. I must also say that, though they had been
stunnioned to appear, there never was any imputation upon
them in the matter; and it was to their credit that they
had come forward to assist justice in arriving at the truth.
The City Solicitor begged to observe that, with regard to
the poor men who have been induced to part with their
money by the representations of 'the prisoners at the bar, it
was a cruel thing that they must-have to suffer. Ile had no
funds at his disposal to assist them, and he hoped something
would be done to enable them to emigrate under the mist-
ime of the Emigration Board. He hoped the gentlemen
through whose names the poor men bad been induced to
part with their money would mist them to their destina-
tion.

Mr. Parry, on the part of Major Hawke', said that that
gentleman would willingly subscribe ten guineas.
Mr. Robinson, on the part of Mr. L'stwitch and Mr.
Brown, said they also would give ten guineas each.
Mr. Dawson said ha would give ten guineas, and Mr.
Owes, scheme, and Captain !Smith, said they would give
M. each.

Sir R. Carden said he would be happy to reeive subscrip-
tions for the benefit of the emigrants in question. The in-
quiry would be productive of great public good, inasmuch
as it would prevent similar frauds an future. He hoped
the public would make inquiries for themselves, and not
be led away by great names used without the consent or
knowledge of the parties.
The City Solicitor said be would proceed with the MO
of Dowland and Jones, against the two prisoners
Capt. Lean was glad to find that the gentlemen whose
names-had been used by the prisoners had freed themselves
from a)l imnutation in the matter.
The Clerk having read over the depositions already made
public,
Mr. Dawson, solicitor, deposed that he attended at the
ellesof the company on the 2nd of July last, and Maier
Hawkee, Mr. Lutwitch, and another gentleman whose
Masi he did not know, were present. A friend of his
Mead Baster was present ; Capt. Smith and Mr. Green-
wood also were present. The prisoners Tripe and Mon-
terse were not present. No company was formed at that
meeting or at any other time that he knew of.
Cress-examined by Mr. Sleigh—Was Ant introduced to
Montague on the 26th of June last. lie was introduced by
Major Hawkes, and the interview took place at 6, Austin-
friars. Mr. Greenwood nd Captain Smith wets present
daring the introduction. The prospectus of the company
was produced at the interview. Had seen the prospectus
before that interview. It was brought to him by a Mr.
Hadon, who sometimes acted as witness's clerk. Before the
interview Major Hawkes had spoken to him about the in-
tended company. Had so spoken of it • week before the
th of June. Witness was then solicited to become soli-
citor to the company. He was asked to become solicitor
by Major Hawke', whom he had known for years.
At the meeting on the 2nd of July he was not
present longer than a quarter of an bout. No-
thing was then said aa to the terms on which
he was to become solicitor. Something was said about
bending out Montague to Australia as mineralogist, on be-
half of the company. Never saw (prospectus handed to
him) that prospectus after the meeting, but sew one which
had been corrected by him. The correction was made at
hie office. Before the office in Austin-friar was taken some
negoeiation was going on about using his Aloe in Great
St. Helen's, and Major llawkes wished to take his place
for the office of the company. Witness agreed to become
solicitor, but the company was formed.
Cross-examined by Mr. Biekley for Tripe—Knew of no
other meeting having been appointed after the meeting on
the 2nd of July. Never saw Tripe until he saw him in that
court. The prospectus 1 e saw had no names of directors.
The deproitions were then read over, and in pretence of
the witnesses, and some cross-examinations ensued, but the
evidence inehiefwas not affected.

The clerk said that all the depositions being completed,
the case for the prosecution was closed.
Mr. Sleigh submitted that an far as Montague was con-
cerned, there was nothing in the charge made by (lowland
implicating bins. The case of (lowland applied to tbe
prt-
eoaer Tripe.
The City Solicitor said the nee was not strong enough to
support a charge of conspiracy; there was enough to com-
mit Tripe for obtaining money under false pretences, and
Montague had enough to answer for on the charge f the
emigrant Jones. If anything should arise making out a
charge of conspiracy, he should give the prisoners ample
notice.
Both prisoners said they would reserve their defence.
The prianners were then e, remitted to take their trial at
the Central Criminal Court for obtaining money under false
pretences.

THE AMERICAS OCEAN MAIL STEAMER FRANILIN
touched at Cowes on Wedrevday, on her way from Havre
to New York, to receive her 'English mails and passengen
from Southampton. She took out GOO tons of cargo sad
Ito passengtre , which will yield about 7,0001. in charges
for freight and passenger fares.
DEATII OF Two AMERICAN IItSIJOYS.—The Ame-
rican papers announce the death of two prelates connected
with the Episcopal Church of that country, namely, Dr.
' Ilenshaw Bi•hop of Rhode Is/and, and Dr. Gadsden,
Bishop of South Carolina.
l'i.usoura.—Great quantities of pilchards have
been t Ara on the coaat, and at the close of last week they
were hawked about Plymouth se low as 3d. per hundred.
Lam numbersof mackerel have been seen in the Sound,
and a great m .uy were taicen. Most of them hove reached
the Leedom market.