The Sun.
London, England, 1841-01-23 00:00:00

COURT OF COMMON PLEAS, JAN. 22.

(Before Mr. Justice CourmAN and a Middlesex. Common
Jury.)
lIALL V. BALL.

This was an action of trover brought by a landlord to
compel the defendant to deliver up to him tho lease of
premises in Chelsea, which hal been &posited with the
latter by way of security for a loan of M. made to the
lessee, who has been since ejected from the preraises for
non-payment of rent. The evidence for the plaintiff
proved that the loan was in the hands of Ball, and that the
landlord was now in possession, having ejected the lessee.
Mr. Sergeant ACIIERLEY, for the defendant, stated that
this was obviously an action brought for costs. The
parchment sought to be recovered was not worth one
farthing to the plaintiff, as his Learned Friend (Sergeant
Bompas) had declared. But to the defendant it was of
value, as the only security he possessed for the money
which he had lost. The lessee, Spratley, was dead, and
his widow, being unable to pay the rent, the plaintiff twice
distrained upon her goods, and ultimately the plaintiff
brought an action of ejectment, in which the widow
suffered judgment by default. Thus the question of for.
(enure of the lease had never jtyen tried, and his Lordship
had never decided that it was one of question for this Jury
whether the lease bad ever been forfeited. The widow
was ejected, and the plaintiff, having re-entered upon the
premises on a Thursday, wrote on Fiiday to Ball demand-
ing the lease, which the latter refused, as he was justi-
fied in refusing, to surrender. On Saturday he received
a lawyer's letter, and on Monday was served with a
writ. The defendant was a publican, somewhat advanced
in years, and was at that time recovering from a nervous
fever ; so that, although he had at first stood upon his legal
right, yet when he saw what quick work the lawyer
was making, he became alarmed, and offered to gtve up
the lease and pay the costs so far. This offer was rejected
by the plaintiff's attorney unless defendant would pay
3/. 53. for damages alleged upcn his delay I After some
hesitation, he at length offered to pay this sum also, to
hive done with the law ; but he was told it was ton late—
the matter must be settled before a Jude. The Learned
Sergeant put it to the Jury to say whether this conduct
did not show that costs were the sole object?
His LORDSHIP, in summing up, snid that the plaintiff was
entitled to a verdict, and the Jury should find in such an
amount as would secure the surrender of the deed. The
damages would in effect be only nominal, as, if paid, they
must be returned to the defendant on his giving up the
lease.—Damages, 231.

The Ovcrland Courier, last received from Bom-
bay, says--" We understand from a good source that, at
[Jilin-lane, a place in the Portuguese settlement of Nlezam-
hique, a short distance to the south of that town, a disco-
very has been made of some valuable coal mines. This
discovery is of great interest, not only to the Portuguese,
but to the British inhabitants of India, as it will tend to
insure a supply of that necessary article, in many of the
contingencies of war, not only to steam .boats on the Indian
Ocean, but also at Aden and in various parts of the Red
Sea. The quality of the newly-discovered coal is said to
be excellent. Specimens have, as we hear, already arrived
in Bombay." Should the coal turn out well and the mines
easily accessible with plenty of labour handy, this discovery
may really, as said, be of the greatest importance in ex-
tending steam navigation all ever the eircumjacent coasts
of the ocean as well as of the rivers.
A TALL FA M ILY.—A person of the name of
Walker, or Melmorby, near Ripon, and seven sons, mea-
sure in height sixteen yards, being an average of two yards
each—the youngest fourteen years of age. How many
f
yards ,rther they will grow we dare not venture to assert.
—York Courant.

POLICE INTELLIGENCE

MANSION-HOUSE.

THE Loss OF THE DRYAD.—In pursuance of the
direction of Mr. Justice Williams, the case of Michael
Shaw Stewart Wallace and Patrick Maxwell Stewart
Wallace was recommenced at the Mansion-house, on
Thursday. Sir Peter Laurie was occupied during that
day and yesterday in hearing the evidence, which will
not be concluded in all probability till Tuesday or Wed-
nesday. The interest excited by the statements already
before the public has been much increased by the legal
objection thrown in the way of the prosecution.
Mr. Clarkson, Mr. Bodkin, and Mr. Laurie, attended
as counsel for the Insurance Companies, and Mr. Chas.
Phillips appeared for the prisoners, for whom Mr.
Humphreys acted as solicitor. Mr. Phillips and Mr.
Farquhar were solicitors to the prosecutors.
We give such parts of the evidence against the priso-
ners as have not hitherto appeared, in the order in
which it was taken down.

Mr. Richard James Shepard, clerk to the Alliance
Insurance Company, produced a policy of insurance on
the Dryad fur 715/., from. Liverpool to Santa Cruz on
the goods and merchandize on board the Dryad. The
insurance was effected by Mr. James Stott, on the 22d
of August, 1839, in the name of Michael S. S. Wallace,
and a claim was made in the office before or in Febru-
ary, by Mr. Stott, on the ground that the vessel was
lost, and he produced the Captain's protest. The Com-
pany agreed to settle as for a total loss, on his giving an in-
demnity in the event of their being any salvage, and wit-
ness handed Mr. Stott a check for 715/.

Mr. R. J. Lodge, secretary to the Marine Insurance
Company, produced a policy of insurance for 2.003/.
on the Dryad on the same voyage, effected by a clerk
to Messrs. Howden and Ainsley. In January applica-
tion was made as for a total loss, and the loss was
adjusted.
Mr. Michael Wells produced a policy effected on the
Dryad and outfit, at the office of the Neptune Insur-
ance Company, by Mcssrs. Selden and Johnson. He
produced another policy on the chartered freight; and
a third policy, effected by Messrs. Landell and Hall,
for 687/. on geods stated to be on board the same
vessel. lie also pruduced a bill of lading, containing
an account of goods'stated to have been shipped on
board the Dryad by Messrs. W. and P. Wallace. A
claim was afterwards made as for a total loss on the
whole of the policies, and after some discussion was
settled as for a total loss.

Mr. Peter Kelly, whose statement in a former exa•
mination was a mere sketch, deposed as follows : —ln
July, 1839, I was managing clerk in the firm of Zu-
lueta and Co., merchants at Liverpool. They were
charterers of the Dryad, from Liverpool to Santa
Cruz, and Cuba, through their house in London, and
were entitled to the whole of the freight of that vessel
on the voyage according to that charter-party. It was
advertised that no goods could be received on board the
Dryad for that voyage without an order from the con-
signees. I superintended the lading of the Dryad for
tint voyage, and in so doing was on board of her
almost every day till she cleared at the Custom
House. On a former occasion I produced at this place
a copy of the Custom's outvoice, containing an account
of the goods shipped on hoard the Dryad for that
voyage. It was an official copy from the Custom
House. It does not contain an account cf all the
goods shipped under my superintendence. There are
fifteen keg, of paint not there. The outvoice contains
an account of all the goods entered at the Custom
House. It was my duty either to enter, myself, or to
cause to be entered at the Custom House, all the
goods shipped under my superintendence. There were
fifteen kegs of paint, and some hardware, which, not
being ready at the time of clearing, were shipped on
board afterwards, at the time Maxwell, the mate, joined
her. I continued to go on board the vessel down to
the time at which the mate joined her. I have seen
before one Michael Wallace, and have known him as
the owner of the Dryad. I handed Michael Wallace
check for 2001. on account of the freight, from Zulueta
Atnd Co. I took a receipt for it on the original charter-
testily. Michael was present at the lading of the vessel,
but I never saw him on board. I have seen him at the
counting-house, and with Captain Looze, who was at
that time the master of the vessel. I paid the 2001.
only a few days before the vessel sailed. There were
no other goods shipped on board the Dryad to my
knowledge but those contained in the bill of lading.
When I last saw the vessel she appeared to me to be
about two-thirds full. There was no broker employed
to despatch the vessel. I did it myself, at Michael
Wallace's request. No broker was required. It saved
expense. I attend here to-day in pursuance of a sum-
mons from a Magistrate. Before receiving the summons
I refused to attend, until I had come to a distinct un-
derstanding abcut the remuneration to be paid for my
reasonable expenses, and for my loss of time. The
travelling expenses and everything incurred at my hotel
have been paid for me every time I have come. lam
not a shilling out of pocket.
Mr. Alexander Howden, ship and insurance broker,
stated that he recollected having sold three-fourths of
the Dryad by Thomas Gillespie to Michael Wallace for
1,6001. She was 204 tons. Witness effected a policy
insurance for Michael Wallace for 2.000/. in the
Marine Insurance Office on the ship, and for 3001. on
the chartered freight at Lloyd's. Witness and Mr.
Henley had one quarter of the ship, and received as for
a total loss from the Company.
The proceedings were then adjourned.
Fainay.—The examination MIS resumed this day.

Mr. Humphreys stated that his client, Patrick Max-
well Stuart Wallace had recived a summons from the
Court of Bankruptcy to attend on that day before the
Commissioners to surrender to the Court. If the pri-
soner were not allowed to surrender, a sentence of out-
lawry would be the:consequence. _ _

Sir PETER LAURIE, after some conversation with
the Counsel for the prosecution, sent for one of the offi-
cers of the Court in order to be assured of the necessity
which existed for the surrender of the bankrupt under
the circumstances in which he was placed as a prisonQr
under a serious charge.

The officer stated that if the bankrupt did not appear
nothing could prevent his outlawry. Even if affidavits
were made that a bankrupt was on his death-bed, they
would be of no avail. That was a part of the law which
asked loudly for amendment.
Sir PETER LAURIE consented, upon the understand-
ing that it was at the request of the solicitor for the pri-
soner, to allow the bankrupt to go, accompanied by
Roe, the officer of the Court, to the Court of Bank-
ruptcy, for the purpose of surrendering. In a short
time the prisoner returned, and the examination was
resumed.
Richard Maxwell, the mate of the Dryad, made at
considerably greater length the statement about the
conduct of Captain Local, which appeared in substance
on a former examination. After having mentioned all
the suspicious circumstances of the conduct of Captain
Looze, from which the crew apprehended that it was
the Captain's intention to destroy the ship, the witness
stated that when they were near Annaguarda, one of
the West India islands, he, without consulting the
Captain, ordered the man at the helm to put the helm
down, as the only course by which she could by posibi-
lity avoid the breakers. The Captain then put the
helm up, the way to drive her upon the breakers, tell-
ing the witness at the same time " to mind his own d—d
business, and to take the studding sails in first."
Th omas Hunter, one of the men on board, then said to
the Captain after the wheel was turned down again, " if
you put the wheel up again, we will put the ship
round again." The ship did clear the breakers by
what the crew did, but she had not a minute to spare.
If she had missed stays, she must have gone on the
breakers. As they were working the ship round, the
Captain, instead of thanking the witness and crew
for their exertions in saving the vessel as they did,
threatened "to arrest witness for mutiny." The Cap-
tain some time afterwards said that he did not perceive
that the breakers were so near, and asked the witness to
go down and take a glass of brandy on account of his
exertions. The witness, in stating the particulars of
the narrow escape from the rocks, subsequently said
that the Captain instead of giving any assistance was in
the state-room fastening on a life-preserver ; upon that
occasion the ship lost her rudder, and the Captain re-
marked that they were a ship at sea without a rudder,
to which witness replied that they would make a jury
rudder, which would enable them to get into port,
and proposed to use the sprit-sail yard and the main-
boom. The Captain refused, but said that if the car.
penter could make anything of the studding-sail-boom
be might have them. The carpenter contrived then
to make a rudder of oars and pieces of plank. After
the vessel was trimmed, and whilst the Captain and
witness were at breakfast, and the boy waiting upon
them, the Captain said that es the ship was then
without a rudder, he wished that they had been all
asleep, and let her have gone on Annaguarda.
The whole of the evidence of this wit ness increased,
if possible, the impressian made by his previous state-
, 'lent, that it had been the determination of Captain
Looze to destroy the ship.
Margaret Sutherland Robertson stated that she
was servant to Michael Wallace's family, in Tredegar-
square, in November last. She recollected that her
master came home to dine on Friday, the '?7th No-
vember, at five o'clock. He was rather flurried. He
toak dinner with Mrs. Wallace, and gave witness a
note to take to Mr. Howden at Westham. He gave
her a sovereign to take an omnibus, but she did not see
one, and she walked there ; and after having left the
note at Mr. Howden's, who was not at. home, walked
back. Mr. Howden afterwards called at the house,
and saw Mrs. Wallace, but Mr. Wallace was not at
home, and he went away. The two Misses Wallace
afterwards came to the house in a cab, and went into
the room in which Mrs. Wallace was. Witness was
called up stairs.
The ladies were flurried and in a
h
Nt Vo a
packla c e was u
p
crying, Miss Janet Wal-
lher things, and paid her
aucreryd,i .eancd t edM hrse. r
31. 55., her wages, and a month for warning. It was
about half-past ten o'clock, and witness had had no
previous notice to quit. Some papers were burnt that
r
night.
Mr. PHILLIPS objected that neither of the prisoners
were present at the time, and that the statement as to
the burning of papers was not evidence,