The Sun.
London, England, 1855-12-21 00:00:00

THE CALEDONIA.- WAGES.

This was a suit brought by Mr. J. M‘Dowall, the
late master of the ship Caledonia, against the mortgagees
in possession to recover the amount of wages due to
him, together with a commission of 2i per cent. on the
net profits of the voyage. It appeared that in April,
1854, the ship then lying in Glasgow, she was designed
on a voyage to Melbourne, thence to some port in Peru,
and back to a port of discharge in Great Britain or Ire-
land. She arrived in London on the 25th of July last,
and the master remained with her until the 3d August,
when she was taken possession of by the mortgagees.
The claim of the master amounted to 3181. 13s. 4d. On
the part of the mortgagees it was contended that they
were entitled to deduct V. paid to the master prior to
the voyage, 841. advanced to his wife during his absence,
and 501. paid to him on the 4th of August. The ques-
tion raised before the Court was whether it was compe-
tent for the mortgagees to make those deductions with-
out going into the entire accounts between the master
and the ship, and thus render themselves liable for any
balance which might be due to him.
Dr. Deane appeared for the master ; Dr. Twice for
the mortgagees,
The learned Judge said he was of opinion that
they were not entitled to deduct either the 51. or the
841. The 501. advanced by them to the master on the
4th of August stood on a different footing, and he would
allow that deduction. With respect to the commission,
that itera.mnst be referred to the Registrar, to ascertain
the sum due.

CENTRAL CRIMINAL COURT.—Dec. 20.

OLD COURT.
(Before Mr. Justice Coleridge.)

This morning, at the sitting of the Court, the two pri-
soners, Davidson and Gordon, were again placed upon
their trial on an indictment, charging them with having
fraudulently, within three months of their bankruptcy,
obtained goods with intent to defraud their creditors.
The prisoners pleaded not guilty.
Mr. Ballantine and Mr. Poland were for the prosecu-
tion ; and Mr. Montague Chambers, Mr. Parry, and Mr.
Sergeant Byles were for the defence.
It appeared, in the present instance, that, about the
middle of May, 1854, the two prisoners had given orders,
through Messrs. Beddoe, of Huggins-lane, commission
agents, for some barege and other drapery goods, which
they said were for the Indian market. These goods, to
amount in value of 4261. 65., were manufactured by
Messrs. Macmillan, of Glasgow, to whom Messrs.
Beddoe were agents. Gordon said, upon Messrs. Bed-
doe's clerk first calling to solicit orders, that he would
give an order as soon as a gentleman came from India,
and sent a note to Messrs. Beddoe to call upon them,
which having been done, the order in question was
given. These goods were given through the prisoners,
packers to the St. Katherine's Docks. A few days after the
goods had been sent to prisoners, Gordon saw a gentle.
man of the name of E wart at the offices of Joseph
Windle Cole, and asked him if the house to which he
belonged, the house of Ogleby, Gallander, and Co.,
Liverpool, conveyed goods to Calcutta. The pri-
soners then, upon the goods so obtained from
Messrs. Macmillan and some others, obtained
an advance of 1,5001. This was but a few days
before their absconding.
Some further evidence having been given, to show
that from 1853 the prisoners had been raising money
upon warrants, and also that relating to the Plight and
capture of the prisoners, the case for the prosecution
closed.

Mr. Serjeant Byles, after taking some objections
which were overruled, proceeded with great ability to
address the jury upon the facts adduced in evidence,
contending that, however responsible the conduct of
Davidson, which clearly deserve' punishment at th•
hands of the Commissioners in Bankruptcy, it had not
been of a character to make him liable to the penal cos-
sequences of the act under which this indictment was
framed. The learned serjeant also dwelt with much
force upon the fact that his client had not taken a very
active part in the affairs of the firm.