The Sun.
London, England, 1841-02-01 00:00:00

17A8,V 1. IQ4L

POLICE IN.TELLIGENC...

MANSIOIV-110 USE,

LOSS OF THE DRYAD.—On the prisoners Patrick
and Michael Wallace, being brought up for examina-
tion on this charge on Saturday, Sir Peter Laurie asked
whether the counsel for the prosecution had any 'appli-
cation to make ?—Mr. Clarkson said that he had an ap-
plication to make with respect to the insurance effected
on board the Lucy, to which he had alluded on the last
day of examination ; but he should forbear to enter
upon the subject until he should hear what the Magis-
trate was determined to do with the prisoners on the
original charge. The counsel for the prosecution, he
begged to say, were not able at present to bring for-
ward the evidence necessary to show that the offence
committed by the prisoners amounted to a felony. If
the Magistrate considered it to be his duty to commit
under existing circumstances upon that charge, the
counsel for the prosecution would not enter into the
case of the Lucy. That the case of the Dryad was
not perfect was not the fault of the prosecutors, who had
done all they could to procure the necessary evidence.
Sir PETER Lauate asked Mr. Charles Phillips
whether he had any observations to snake ?—Mr. C.
Phillips replied, that he had already said ail that he con-
sidered necessary.
Sir PETER LAURIE confessed that this case had cost
bins much anxiety. He had never witnessed any case
in which great crimes had been committed in a more
artful manner. He had carefully read over the deposi-
tions taken lately, and those taken by Mr. Hobler in the
first instance, and he found that there was not a material
fact omitted in the former which was to be observed in the
latter, as far as the former had gone. There had.hnwever,
been new evidence of an important kind brought for-
ward since the new investigation had been commenced.
If he were to exercise his own judgment, be should re-
mand the prisoners over the next session, but as the
subject had been noticed by a higher tribunal, it was
his intcntioa to commit them ; and he did commit
them, in the strongest confidence that the Judge who
should read the depositions, and should learn that the
Government of the country had sent for a witness to
a most important fact, and that the whole of the com-
mercial community were deeply interested in the twit-
ter, would, without hesitation, postpone the trial. God
knew he did not wish to add to the sufferings of the
prisoners. He considered punishment to be inten•
ded to deter others from the commission of crime
merely. Great ingenuity had been exercised to deprive
public bodies of large sums of money. The whole
mercantile interest would be deeply indebted to the
insurance companies for tin great zeal they had mani-
fested in prosecuting. As the sessions was to sit next
week, he felt.no difficulty in committing the prisoners.
Sir P. LAURIE then said—Now as to the Lucy ; are
the counsel for the prosecution ready to make any state-
ment with regard to the vessel? I wish merely to hear
so much evidence as will bear out the counsel in the
statement on the last day of meeting, as to the in-
surances effected on that ship, that it may not be said
the representation was made in order to excite a pre-
judice against the prisoners.
Mr. Clarkson said that the prosecutors were able to
go fully into the case of the Lucy.
Sir P. LAURIE—Very well ; I shall be satisfied with
hearing a witness or two to the leading facts.
Mr. Clarkson then called—

Mr. Johnson, of the house of Seldon and Johnson,
ship-brokers. The witness stated that he effected an
insurance for the sum of 9351. in the Indemnity In-
surance Company, on goods said to have been shipped
on board a vessel called the Lucy, on the 17th of Oc-
tober last, for Michael Wallace. Patrick Wallace had
nothing to do with that insurance. He produced a copy
of the policy, by which it appeared that the goods
stated to be on board consisted of earthenware, pork,
beef', and other articles, insured on a voyage from Bris-
tol and Llanelly, to Valparaiso, in South America. He
also produced a letter in the handwriting of Michael
Wallace, directing the insurance to be effected, and a
copy, or extract, of the bill of lading, from which it ap-
peared that the 'r,aster of the Lucy was Houston Wal-
lace, the brother of the prisoners. Witness considered
Michael Wallace to the owner and treated with him
as such.

Mr. C. Phillips could not see what object the state-
ment just made could answer. It certainly was not cal-
culated to benefit the prisoner.
Mr. Clarkson said his object was to show that he was
borne out in what he stated before the Magistrate ex-
pressed his intention to commit for the charge relative
to the loss of the Dryad.
Mr. Bodkin (also for the prosecution) said that he
had a document from Glasgow on the subject, but as
be had not evidence to prove it, he would not, of
course, call it legal evidence. That document stated
that a similar insurance had been effected in Glasgow ;
that the amount was the same, and that the marks and
numbers were the same. The certificate from the
Light-office of the Custom-house of Bristol stated that
the Lucy hail cleared in ballast for Llanelly on the 16th
of October ; and the certificate from the Custom-house
at Llanelly had stated that the Lucy had cleared that
port on the 3d December with coals only, This was
moral, but not legal evidence.
Sir P. Ls.uatE expressed himself satisfied with the
evidence, and committed the prisoners for trial in the
case of the Dryad.
Oa Wednesday application will be made to the Judge
presiding in the Central Criminal Court for the post-
ponement of the tri.sl, on the ground of the unavoidable
absence of a necessary witness.