The Express.
London, England, 1862-08-15 00:00:00

[Stamped, ld. Additional.]

THE BRITISH COLUMBIAN OVERLAND

TRANSIT COMPANY.

Yesterday Mr. James Hanson, the secretary to
the British Columbia Overland Transit Company, of 6,
=2 n-court, Thrograorton-street, wee summoned before
Finis, at Guildhall, to answer • charge of obtain-
* • sum of 421. by means of fate representations, with
intmt to defraud Mr. Henry Isaac Oollingwood.
Mr. Harris rid—l appear to-day on behalf of Mr. Coiling-
wood only, but there are in reality thirty-three persons in
all prefemag similar complaints, sad in order to arrive at
the peecw nature of the charges it will be neomeary to give
•
history of the matter, commencing in the early part
of April last. In that month advertisements made their
appearance in the public papers, holding forth that the
British Columbia Overland Transit Company was an seta-
bashed fact, that • board of directors, bankers, brokers,
and officers had been appointed, and that the arrange-
ments for carrying out the company's object, which
was that of conveying passengers by a short
route to British Columbia ad Canada in six weeks for 421.
were newly completed, and that no application for a pu-
mp would be received after the 17th of May. Ships were
advertised for to meet the requirements of the company,
and considerable discussion arose among newspaper corre-
spondents with regard to the practicability of the under-
taking ; but it was ultimately stated that the secretary's
explanation had shown that the journey could be accom-
plished, the remit of which was that my client, Mr.
Collingwood. and 32 other gentlemen, took purge for
Camas, thence to be forwarded to their destination in
British Colombia. The impracticability of the scheme has
been mooted in parliament, end what seems most extraor.
drary is that the company have been noticed in the money
article of the Timis, of May 23, to the following effect :
" Various communications have been received expressing
doubts whether a project which has been pub-
lished by • British Columbia Overland Transit Com-
/any, for the. conveyance of passenger, to the gold
*I& of British Colombia, across Canada to the
Rocky Mountains, in live weeks, may not remit in
seven dimppointmentand suffering to the parties who may
be tempted to engage in it, and complaint has been made in
the Barman that the scheme has been widely advertised in
the berth in • manner that may entice many emigrants
without the names of any responsible persons being mven
either as projectors or directors." " This is a case," its
observed. 'in which there is a !menial need to know
under whom encouragement and responsibility. the affair is
undertaken and recommended." On that point, however,
there has in Loudon, at all events, been no remorse ; the
company, when it was introduced on the 4th of April last,
with • proposed capital of half a million, and power to in-
crease it to • million, having presorted the following list :
" Bard of Directors—The Hon. F. H. Fitshardinge Ber-
keley, M.P., Victoria-square, director City Drumm. Com-
pany ; Frederick Mangles, Faq., Gratham-house, Old
Broad-street ; Edward Loder Faq., ZS, Laurence Paint-
-lane and 17, Gt. George'etrest, Westminster, director
Assurance Corporation ; Thomas Southgate,
Faq. (Southgate/ad Miteheli), Yates-Week Victoria, Van-
°river's Island ; H. Edgecumbe Nicholls, Summer
Seat, Bootle, near Liverpool ; Henry Fenton J Eaq.idis, Faq.
Board of Trade ; Robert Green Eeq., (R. Green and
Co.), 24, Mortinieratreet, Cavendish-square, and Milton
Notting-hill ; S. Gambits, Fag., Yam-street, Vio-
toria, Vancouver's Island ; D. Brodie Campbell, Faq.,
Bury-street, St. James's • Samuel Starkey, Eq., New
Broadereet, EC., and Denmark-hill; Alexander
Tharburn, Esq., Pews, Surrey, director of South
Wales Railway Company ; Edward Langley, Faq. (Langley
Brothers), Yates-street, Victotia, Vancouver's Island;
Frederick Carden Walker, Fri. 33, St. James's-square,
Pell-mell ; N. J. Penner, Esq. (firm of N. J. Fenner, NO-
well), Croom's-hill, Blackheath ; Charles Barnard, Fag.,
Margaretting, Emax.—Secretary James Henson,Esq."
The whole of those names correspond with the
list put forth in the company's prospectus, and
if such • paper as the Times could be so int-
' posed upon, could it be wondered at that Mr.
wood and his fellow-paseengers were deceived ? On ttillia
of May the payment of the passage money was oonipL44
' and it is upon the receipt then given by the defendant that
I rely to establish • charge of false pretences. Oa the lath
of May the passengers proceeded to Glasgow, and thrZ
steamer to Quebec, sad all went well until they
St. Paul, where they were to have met an emigrant moat
train for the purpose of commencing the overland transit
r portion of the journey. They found, however that no pro-
vision was made by the company of any kind whatever
either to forward them to British Columbia, to send them
home again, or even to supply their necessities while dr
tamped at St. Paul. The co uses was that several who
had the means returned, and others who had not were left
encamped under canna out in the wilds some mils from
St. Paul, in a most deplorable condition. The company's
agent in Canada had no funds, and the firm who could have
forwffiffiad the party to George Town and Red River declined
to accept the company's drafts. Under these circumstances
Mr. Couingwood was deputed and furnished with powers of
attorney from his fellow-passengers to return and seek re-
dress for the eon-performance of the contract by the cowpony;
but on arriving in this country he found the offices shut up
and the company gone no one knew where. He the applied
to the solicitors. and ascertained that their names and
' those of many of the directors had been need without their
authority. It was, however, due to Mr. Mangles to state that
on finding his name had been used, he at once repudiated in
the most public manner all commotion with the company ;
while on the other hand • member of parliament, when
this subject was discussed in the House of Composes
omitted to disavow the position assigned to him in the oar
panes advertisements and prospectuses. The company was
originally held forth as one of limited liability, but it after-
wards dropped the word " Limited," and has never even
been registered. The word "company" has Abe been
omitted in the name on the receipt, but that !shell show is
only part of the trick by which these gentlemen have been
defrauded, for although they have proceeded as far as St.
Paul, not more than one third of the passage money paid
has been expended.

Mr. Henry Isaac CoUingwood said—ln the month of AmE
last I called at No. 6, Copthall-court for a prospectus, but
the one I then obtained had the name of Mr. Mangles as a
director. The secretary gave it to me, and asked me for my
name and address, which I gave him. I wanted a passage
from St. Paul's, because I wished to go Canada my
own w, but he said they could only take me direct from
England. 1 called again on the last Saturday in April, and
paid a deposit of 201. by a cheque of a friend on the London
and Westminster Bank, and on the 17th of May I paid the
balance of 22!, and the defendant gave me this receipt :

" British Columbia Overland Transit. -
" Receipt for Passage.
"Offices, 6, Cepthall-court, Throwton-street, E.C.
May 17th, 1 .
" Raosived of Mr. H. I. Collingwood the sum of forty-
two pounds, for a micond-class pump* from England to
Canada, to sail in May, and from thence to British Colum-
bia by the Emigrant kacort Train.
" • Including provisions to Montreal. 5011:a. of baggage
allowed for each passenger from St. Paul's.
"4:42. (Signed) „Jean 11x)iises, Secretary."

Witness—l objected to the words "moond.claas,” be-
cause I believed I had paid fora first-clam pasege. I
received two circulars from the company in April, one
dated the 11th, stating that the distinction of clams would
be abolished, and 51. extra charged for saloon berths ; that
the company only provided provisions to Montreal ; that
game and fish abounded on the journey, and that
would accompany the train with provisions, which
the passengers would be allowed to purchase at
cost price. The other circular, dated the 28th
of April, announced that the company had re-
ceived letter, from their agents at Fort Garry, Red River
settlement, informing them that steam communication bad
been opened for nearly 200 miles above Bt. Paul's, and
that • steamer was there ready to run on the Red River a
distance of 180 miles, which would reduce the land transit
by 3to miles, and save five depth) the journey to British
Columbia. I left London on the 29th of May for Glasgow
with about thirty other passengers, and sailed on the 31st in
the screw-steamer the United Kingdom. We arrived at
Quebec on the 17th or 18th of June, and travelled on by
railway and boat to St. Paul's, Minnesota, in the United
States, which we reached about the 27th of June, and
found that no provision whatever had been made to for-
ward us on our journey to British Columbia, either in the
way of wagons, provisions, or the promised emigrant SF
cort train. The company'. agent from Toronto was the.,,
and be said he bad no money to provide conveyance for es.
There were not even lodgings provided torus ; and after a
week's stay, I came away with powers of attorney to sal
on behalf of my fellow-passeopra. I arrived in England OR
the 20th of July, and on proceeding to the company's
offices, I found the name which was on the ado
of the door had been painted out, and the company', offices
removed. I could not at that time trace where the company
bad gone. I left my fellow passengers camped all under
canvas, where they were thrown upon their own resources
entirely for everything they expected to have been pro-
vided with by the company.

Crow-examined—The company performed their contract
u far is St. Paul's without any cause for complaint. We
were to have gone on from st. Paul's by means of 4-base
epring wagons, accompanied by a numerous escort. Them
was a firm in St. Paul's of the name of Burbank and On.,
who have stages running to George Sown,
_on the Red River,
but they refused to accept the agent's drafta on the com-
pany in payment for our pump by their conveyances. Cap-
tain Shrapnel, the barrack muter of Quebec, was then
communicated with by telegraph, sad be directed the agents
to draw on him at 60 days' eight bet &rebook and Co. re-
fund to accept such drafts. There is, I believe, one
eteueer on the Red River plying between Georp Town
and Port Garry once a week. It belongs to Burbank and
Ow I paid my money on the faith of the prospectus
that it was a limited liability company, and that
all the arrangements as advertlied either had bee
or would be made. I have no doubt I read the words
"limited, to be incorporated" on the prospectus. I have
not made any application to the gentlemen named is the
prospectee for the return of my nanny aims 1 have acme

[TWOPENCE

back. I bin left the matter entirely in the hands of my
solicitor.

RMlXSMilleki—Mears. Prichard and Collette are the soli-
Mors to the company, and Mr. Collette is here to-day.
Mr. Collette—l do not represent the company in any way
in this matter.

Witness—The agent, Mr. Him, told me that the com•
My promised to give him a cash credit on the Beek of
ash North A merica, but that they had failed to do so.
Mr. Philbrick here read a long oorraspoodences that bad
ensued between the solicitors on the 'abject of compensa-
tion, in some of which Mr. Harris stipulated that his client,
should be placed in the lams position as they were before
taking their passage by the company s transits and that they
should also receive payment for lose of time, lir., newly all
of which was acceded to in some of the letters from Masan.
Collette and Prichard ; and from their general tenor the
magistrate was favourably impressed with regard to the
both Ma of the company ; but the concluding letter nega-
tived all the good intentions of making compensation, as
will be seen by the following, which i• a copy :
"57, Lincoln's-inn-field', Bth August, 1862.
" British Columbia, &cc., Company.
" Dear Bir,—Borne of the gentlemen whose names ap-
peared in the prospectus of this company have attended the
meeting to-day, and others have wntten. They repudiate
the authority of the promoter and manager of this company,
under whose instructions we have written to you, and who
we have considered duly authorised to communicate to us
on behalf of the company. Those who were present also
disclaim our letter to you of the 31st ult. They each intend
to employ their own solicitor in the matter. We are there-
fore under the necessity of requesting you to consider our
letters as withdrawn, and while we truly sympathise with
the position of your clients, we regret that l• is out of CNIT
power to render them any further agleam* in the matter.
When our names were used in the prospectus we were as-
sured that every gentleman whose name apposes in it had
given his written consent to act se director, which appears
to be now denied. We were not aware that say trading
had taken place until the prwnt claim bad been made.—
We are, dear sir, yours truly, PIUCHAID AND COLLITI7.
" H. Harris, Eaq."

Mr. Thomas Beddall, of Finchinfield, Erma, was then
called to prove the payment of the range money for two
of his brothers, and said—While at the =lice I maw the de-
fendant and three or four clerks, who appeared to be very
busy. I also saw a person who seemed to take an active
Srln the business. That person was, I believed, Colonel
. Harris proposed to call a witness to prove that the
route laid down was utterly impracticable.
Alderman Farr rid be could not go into that question,
as twenty witness= would prove it was not a practicable
route, and a similar number would prove the contrary.
Mr. Lorna William Smith, a barrister, from
said—l know Mr. Hime. He brought me the original letter
from the company irking him to become their spot. I
advised him to have nothing to do with it males, the money
were deposited in the bank. lam solicitor to the Bank of
British North America, and therefore know that no funds
have been paid in there for Mr. Rime, who has never even
bean paid for his own services by the company.
Mr. Charles Hastings Collette said—l decline to say who
authorised me to write the letter of the 31st of July (acced-
ing to Mr. Harrison's demands).
Cross-examined—lt was not the defendant.
Mr. James Elms said—l was one of the pump= who
went out with Mr. Collingwood. I have heard his state-
ment to-day end I adopt every word of it as correct. I
left St. Paul's about 10 days after Mr. Collingwood, and up
to that time cot one of the gentlemen who went out had re-
ceived a single repair of =bidder* matey from the com-
pany,y or bebeeleirgided for is any way by the company. I
Alde:rmanme VilllaillalHave own The otheree passengers the means
of returning t
Witness—No, air; they are totally unprovided for.
Alderman Finn= said the case had now lasted so many
hours that it wris.v2 desirable it should be adjourned, to
enable him to with the other business the court.
Mr. Philbric called the magistrate's attention to the fact
that nothing was stated of there being • company at all,
beyond the ustentioo of incorporating one, and any promise
to do a thing in the future could not—such wan the
principle of law—be made a false pretence. It was clear the
company was not • sham, for these parties had been lea= se
far as St. Paul's, two-thirds of the dietaries of the whole
journey, and • failure then occurred in consequence
a the disturbed date of the country during the war. There
was no =idea= to show that the defendant anticipated
this failure at the time he received the {rouge-money, and
if he had he was merely • salaried servant, and could not be
held criminally responsible for the acts of the company.
Had not the company been • gamine institution, it was not
likely the Quertermuter.General of her Majesty's fortes In
Canada would offer to become responsible for the fulfihnart
ef re company's corrects. as had her proved. The *sew
pony in their advertisements and prospectuses did not bold
out that the conveyances over land and by water beloohed
to them, bet that such communications had been establiaW
and still existed, and that they intended the paragon to
=ldby them without calculating upon a failure at St.
. He considered the charge again= his client most
absurd, as he should be able to show that he never received
a =spasm broad his salary.
Mr. Harris said if that could be proved he would with-
draw the charge at roe.
Alderman PUIDiII suggested that they should show, if the
money was paid into a bank, by whom it was drawn out,
and that would probably relieve the defendant.
Mr. Harris said be would be satisfied with that proof.
After some conference and much hesitation between Mr.
Philbrick, Mr. Collette, and the defendant, the forma
gentleman announced that the money received by the de-
fondant was handed over to the manager, and that the said
manager was Colonel Sleigh.
Alderman Finnan said it wee • very serious matter for the
gentlemen who had been defrauded, for it was quite clear •
fraud had been committed, and it was the magistrate's duty
to ascertain by whom, and to deal with the offender se-
oordiftly.
At stage the case was adjourned fora week, and Ithe
defendant admitted to bail in his own recognisances in 1001.

RAISING THE IRON SHIP GANGES, SUNK IN
THE RIVE&

Yesterday afternoon a very successful attempt
was made towards floating the iron ship Ganges, which onp-
sized and sunk in the Thames on Tuesday, as already DO-
ticed in this journal. The Thames Conservancy Board
having granted the use of three of their powerful chain
lighters, vigorous efforts were commenced yesterday morning
during the ebb tide to raise the ship upright and fairly
on her bottom—an operation which was indispensable
before measures could be taken to float her. Three
chains having been secured round her hull,the three lighters,
at low water, were pinned down to the port side of the
ship, which was resting on the bottom of the river, sad
other three lighters were attached to her masts, and which
materially contributed to the lifting power. The task of
righting the ship, however, was one attended with great
difficulty, for, in addition to the great weight of the ship,
the iron ballast and iron tanks fell over to the port side
when the ship canted, and there wu also an aocomaln-
tion of mud. As the flood came up there were sive
of the ship rising. The lighters were kept down to her
as deep as it was safe for them to be, and about half-
past three o'clock the port side gradually came up, and
the ship attained her usual uptight position. As the tide
recedes, a large portion of the water in her hold will rue
out, and powerful pumps will then be applied to free her
of the water which remains in her. Mr. Wood, the con-
tractor for raising the vessel, is in expectation that she will
be floated this morning's flood, and if not got into the dry
dock, at least into a place of safety, and out of the way of
the navigation of the river. Divers went down into the
hold with a view of examining the sides of the ship, and of
findiog the bodies of the lascars who are supposed to be in
the vessel, but nothing was seen of them. It is expected,
however, that when the ship is pampa' out they will be
discovered. The harbourmaster's and Thames-police boats
were in attendance, and rendered great assistance in
keeping swarms of boats off, and thereby preventing acci-
dents. During the day the steamboats were crowded with
passengers, who apparently had come down to witness the
novel scene of • wreck of a large ship so high up in the
river. The inquest on the bodies of the two luaus lying
in Shsdwell dead-house is tied Lobe held to-morrow morn-
ing at 10 o'clock.

GIINPORDZI. AND FIRZWORK.B.—Among the acts
of parliament just printed is ono to amend the Gunpowder
Act of the previous session. The powers of the recited sot
are now extended as to the issuing al warrants for gun-
powder, and special powers are green to the Conservators
of the River TIMMS to search for gunpowder. The powers
are now extended as to include lorded percussion owe, am-
munition, fireworks, fulminating mercury, and to any other
preparation or composition of an explosive nature.
ROBBIZY.—A robbery of the most daring
nature was committed is Liverpool on Wednesday last.
About two o'clock in the day • young men, having the
appearance of a foreigner, entered the MSce of the Loss end
Investment Company, 88, lnike•street, sod inquired far Mr.
Simon Hughes, the manager of the oompouey. Kr. Hughes
was out at the time, sod there was no person in the dies
but a clerk, named William Lewis. The stringer on learn-
ing that Mr. Hughes was not in, meet up to the clerk
and struck him a heavy blow with some bleat itestra•
moot. The effect of the blow was such as to reader
Lewis for a time Insensible, sad the ruffian Iskieg mime-
tags of the circumstance broke °pea the cashisesearrer, sad
canted off 219 f. io gold. The fellow appears tor have gam
about his work in the most systematic manage, for, after et-
reaLcPutitagesx tottfit4ll:o•°Pll:oltb.mlbryb:o7:Asbiof
6011thisiamireimdreas wuz,robberyseoidabychime4,thiewas
discovered the polies were at MOO put on the west of the
thief, but up to yesterday (Thursday) enemas they had net
soesseded in apprebsadieg the robber.

!CT"'