The Sun.
London, England, 1841-03-03 00:00:00

THE WEATHER.

ROYAL GALLERY OF SCIENCE, ADELAIDE-
STREET.

NooN. MARCH 3.
Barometer 294 In.
Thermometer
Highest 46
Lowest

Wind VV.—Freezing Point 32 Deg.

We regret to learn that Col. Salwey, M.P., is
seriously Indisposed with an attack of influenza.
LOAN SOCIETIES.—In a case brought before
Mr. Long yesterday at Marlborough-streei, that Magis-
trate observed, that he very decidedly objected to the
sptetp on which the Loan Societies appeared to conduct

their business. They would lend to any needy person, pro-
vieed that person could induce any person of respectabi-
lity to give his name as surety. They did not appear at
all desirous of looking offer the principal, but they imme-
diately proceeded to fix the surety.

STAFFOItD AND. RUGBY RAIL-
WAY.-(THIS DAY.)

The Committee on Petitions have this day
over-ruled all the technical objections . taken
by the opponents, and have decided the
Standing Orders have been complied with.
The resolutions of the Committee will this even-
ing be reported to the House, and the Bill
at once brought in. We understood that the
proceedings of the Committee, whose sittings
have occupied two days, excited a strong interest,
the room being crowded the whole time.

CRIMINAL COURT.-(THIS DAY.)

(Before Lord Chief Justice TINDAL, Mr. Justice BOSANQUET,
and Mr. Justice WILLIAMS. )
CASE OF THE DRYAD.
Michael Shaw Stewart Wallace, aged 28, and Patrick
Maxwell Stewart Wallace, aged 24, were placed at the bar,
charged with being accessories before the fact to the felonious
casting away of the ship Dryad, with intent to defraud the
underwriters.
The indictment against the Wallaces extends to very great
length, and contains no less than twenty-six counts.
The Attorney-General, Mr. Clarkson, Mr. Bodkin, and Mr.
Laurie, appeared for the prosecution; Mr. John Jervis and
Mr. Ballantine for the prisoner Michael ; and Mr. C. Phillips
and Mr. Doane for the prisoner Patrick.
Mr. JOHN •iERVIS, for the prisoner Michael, applied that he
might have liberty to withdraw his plea, and not be called upon
to plead until the principal should have been convicted.
The indictment set forth that one Edvtar:d Loose had
cast away the Dryad with intent to defraud the prosecutors,
and that the prisoner had incited him to commit the act Now
by the Act of Geo. IV., accessories before the fact might he
indicted with the principal, when the accessory might plead
and take his trial with the principal, if he so chose, or might
-refuse to plead until the principal should be convicted—as for
a substantive felony. Now the indictment must show in which
form it was intended to charge the party, and in this case it
was in the old common law form, charging the principal, and
not setting forth any reason why he could not come in and
plead. Now the prisoner had a right to say the principal may
come in and plead, and I will not plead until he be convicted.
If the charge were for a substantive felony, it should have
been so laid as that the principal could not come in and
plead. Now as the indictment had been so framed, he sub-
mitted that the prisoner had a right to refuse to plead under
this form of indictment.
Mr. Justice BOSANQUET—IS it in the common law form ?
The ATTORNEY-GENERAL—It is in the form in which all
such indictments have been drawn up since the statute of
Geo. IV. All difficulty as to the access- ry was removed by
the enactments of that A ct. He would refer their Lordships
to 9th section of 7 Geo. IV., which enacted, that persons aid-
ing and assisting in the commission of a felony might be in-
dicted either as an accessory before the fact, or as guilty of a
substantive felony. Under that Act, it was clear these pri-
soners might be indicted and convicted without the trial of the
principal. His Learned Friend's objection, as he took it, was
solely to the form of the indictment. He would not take any
advantage of the having already pleaded; and therefore the
question was, whether, in the absence of the principal, they
were not bound to plead.
Lord Chief Justice TINDAL—It would appear as if they ap-
plied to put off the trial-until Captain Loose snould be found.
The. ATTORNEY-GENERAL thouht that would not be
ground for their refusing to plead. lie denied that by common
law the accessories could not be convicted before the principal
felon had been convicted. Suppose a principal had died be-
fore the trial, would that preclude them from proceeding against
the accessory? They must prove the corpus delicti, and hav-
ing done so, they could try the accessories. Did his Learned
Friend mean to say that by common law they could not indict
the principal and accessory in one indictment, and that the ac-
cessory might refuse to plead until the principal should be con-
victed?
Mr. JERVlS—Decidedly.
Lord Chief Justice TINDAL—Lord Hale lays it down that
the accessory may refuse to plead until the principal be tried.
The ATTORNEY-GENERAL would then submit that the sta-
tute of George IV. entirely cured that defect, and that it was
impossible under that Act to have drawn up the indictment in
any other manner. That statute enacted that the accessory
might be indicted for a substantive felony, whether the prin-
cipal were convicted or not previously. Now this was an in-
dictment for a substantive felony ; it was sufficient that it
alleged the facts that showed the accessory had been guilty of
that felony. They showed that by charging Captain Loose
with committing felony to defraud the underwriters, and then
showed that the prisoner was aiding and assisting. Now this was
made a substantive felony by the Act Geo. IV. fle was not
aware.of any other form in which the indictment could be
drawn up. Now what he had to do was to show that the in-
dictment clearly showed that the priSoners had been guilty of a
substantive felony. The point had been decided in Caspar's case.
Lord Chief Justice TINDAL—Not exactly. We are not in-
clined to give any opinion on the point at present; the trial
must go on, ,but we will reserve it for you ; the trial must
proceed.
Mr. JERVIS—Then I understand your Lordships to decide
that for the present the indictment is to be considered as
charging a substantive felony ; I therefore call upon the pro.
secutor to elect against which of the prisoners they will first
proceed.
The ATTORNEY-GENERAL—I will elect to proceed against
Patrick Maxwell Stewart Wallace first.
The COURT then permitted Michael Shaw Stewart Wallace
to withdraw ; and
Patrick Maxwell Stewart Wallace being placed at the bar—
The Clerk proceeded to read the indictment, which charged
Edward Loose with feloniously casting away the ship Dryad,
with intent to defraud the owners and underwriters, and Pa-
trick Maxwell Stewart Wallace with inciting him thereto.
The ATTORNEY-GENERAL said this was a case which would
call for the most serious attention of the Jury. The prisoner
was charged with being concerned in a scheme for effecting
insurances on goods purporting to be shipped on board a vessel,
and then with casting the vessel away wilfully, for the pur-
pose of defrauding the underwriters. Such offences were for.
merly punishable with death, but now they were only punishable
with transportation. Accessaries before the fact were punished
in the same way as principals, and therefore if the prisoner were
convicted he would be liable to transportation for life. He
could not characterize the crime better than in the words of
Lord Stowell, that it was calculated to strike at the root of
our maritime comrcerce, and consequently to destroy our naval
supremacy. He need not dwell on the demoralizing effects of
this crime. He would caution them to dismiss from their
minds everything they might have read on the subject, and to
be guided entirely by the evidence. He would now briefly relate
what he should be able to prove in evidence. The prisoner
Patrick resided at 40, Windsor.terrace, City-road, and had a
place of business at Crutched-friars, where he was a dealer in
bristles and Russian produce, and also in ale. It was necessary
that he should allude to Michael Shaw Stewart Wallace, al-
though he was not now on his trial, and what he had to say
now would not at all affect him on his trial. Michael Wallace
resided in Tredegar-square, and had the same place of busi-
ness as his brother •in Crutched-friars. He owned two-
thirds of a brig called the Dryad—a portion of which
he had mortgaged to his sister, Janet Wallace. In 1839
that brig, owned b 3 Wallace and commanded by Loose, was
chartered by Fullerton and Co., who alone by the terms of the
charter party had any right to load goods on board her for her
voyage from Liverpool to Santa Cruz. The Learned Gentle-
man then detailed at great length 'the facts as they afterwards
came out in evidence. Having in the course of his speech al-
luded to Captain Loose,
Mr. C. PHILLIPS objected ,to anything .being stated with
regard to Loose which had not passed in the presence of the
prisoner, as the prisoner was indicted for a substantive felony.
Lord Chief Justice TINDAL thought where words were
equivalent to facts, as explaining, or connected with facts, then
anything regarding Loose might be stated.
The ATTORNEY-GENERAL was not surprised at his Learned
Friend's anxiety. He would state' nothing with respect to
Loose but what could be properly proved in evidence. He
had mentioned his name only as having signed a bill of lading
for goods which had never been shipped, and on which insur-
ances had been effected by the prisoner. The Learned
Gentleman then proceeded with his statement, which
went to show that insurances had been effected to the amount
sf 2,0001. in goods, which had never been shipped. With re-
gard to one of his witnesses, he knew that he had been in-
duced by Captain Loose to sign a protest, giving a different
account of the casting away of the ship. He would not at-
tempt to conceal that he would permit the copy of that pro-
test to be put in as evidence, and not take any advantage of it.
The protest, in fact, was as necessary to obtain the insurances
as the casting away the ship, because they would not have been
paid without a protest, signed by all the crew, and he appre-
hended that the protest would not at all affect the credit due
to the witnesses' testimony. The Learned Counsel having con-
cluded his address,
Mr. C. PIIILLIPS said that his friend •Mr. Jervis, who was
for Michael Wallace, had just stated a point as to the jurisdic-
tion of the Court, which perhaps it might be as well to have
argued now.
The trial was proceeding when we went to Press.