The Sun.
London, England, 1841-03-04 00:00:00

CENTRAL CRIMINAL COURT.

(Before Lord Chief Justice TITIDA L, 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. Bcdkirt, 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 ' ERVIS, f ‘r 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 ono Editor d Lease 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 cetiVicted—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 accessory was removed by
the enactments of that Act. He would refer their Lordships
to 9th section of 7 Geo. IV., which enacted, that persons aids
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
prin • cipal. 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 Ttstnat,—lt would appear as if they ap-
plied to put off the trial until Captain Loose should be found.
The ATTORNEY-GENERAL thought that would not be a
ground for their refusing to plead. He denied that by cortimen
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. I V. He 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 TINnAL—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 Stelvart 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 he shipped on board is vessel,•
nociientsthievhi
yietocrfstaeani
nddsepfor
punishablear
tuadtiino defrauding tthhAe
deueenactdshes wa
rb reti
stnebto.e
and then with casting the vessel away wilfully, for the pur-
i
Isvf.otrheeSyut
hewehefr:efic
fact
ninveleyersep
same way
awyoausl would r nec aabl punished
punishable
with
ma
tnod tthraenresfpoorret
aitfiotnhefoprrisolinfeer. werelie
ccould not characterize the crime better than in the words of
Lord motvell, that it was calculated to strike at the root of
our maritime commerce, and consequently to destroy our naval
supremacy. He need not dwell on the demoralizingeffects
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.
what he should be able to roveinHe would now briefly relate
Patrick resided at 40, WinKor-terrace, evidence.it The prisoner
place of business at Crutched-friars, where City-road, andhad.a
bristles and Russian produce, and also in ale. Imt-masaa dealer in
that he should allude to Michael Shaw Stewart was necessary
he was not now on his trial, and what lie had to say now would not at all affect him on his trial. Michael Wallace
resided in Treclegar-square, and had the same place f b •
ness as his brother in Crutched-friars. He owned "l-
-e 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 by 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 the facts
then detailed at great length 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 tot 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
anyth e ATTORNEY-GENERAL regarding Loose might be stated.
was not surprised at his Learned
T
Friend's anxiety. 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-

cnces 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
wf 2,0001. in goods, which had never been shipped. With re-
gard to one oi- his witnesses, he knew that he had been in-
i.uced by Captain Loose to sign a protest, giving a different
account of the casting away of the ship. fie would not Atiiat-
tempt to conceal that he would permit the
oof that pro-
test to be put in as evidence, andnot take an tage of it.
The protest, in fact, was as necessary to obtain isuranees
as the casting away the ship, because they would not havebeen
paid without a protest, signed by all the crew, and he appre-
hended that the protest would not at all affect the credit ‘lue
to the witnesses' testimony. The Learned Co,insel having con-
cluded his address, _ _ _

Mr. C. PHILLIrs 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.
Air. haws was about to proceed, when
Lord Chief Justice TINDAL said the objection came too late.
Mr. CLARKSON then called,

George Herring-1 carry on business at No. 12, Bishops-
gate-street Within, as a ship-broker. I procured a charter-
party for Zulieta and Co. and the owners of the ship Dryad.
The charterparty produced is the one in question. I
am the subscribing rartv. taw it executed by Zu-
lieta and Co., and M.chael. Wallace. Zulieta and Co.
have a house at Liverpool and at London. The ship was en-
gaged by the London house, subject to the Liverpool kiuse
not having engaged a ship. (1 chart ,rparty was then put
in and read, from which it appeared that Zulieta and-Company
chartered the brig Dryad, A 1, burden about 240 tons, for a
voyage from Liverpool to Santa Cruz, in the island of Cuha,
and that they were to have the whole room in the ship for the
purpose of stowage. It was signed by Michael S. S. Wallace,
on behalf of the owners of the Dryad.
Edward llowden examined by the ATTORNEY-GENERAL—I
am in partnership with. Mr. Ainslie as • ship-brokers and ship-
owners. I knew the brig Dry..d ; we owned one-fourth of
her; Mr. Michael Wallace owned the remaining three-fourths.
he was chartered in July, 1839, to Zulieta and Co. Mr.
Michael Wallace acted as ship's-husband. She was lying at
Liverpool. He directed 2,000/. insurances to be effected on
the ship, which was done.
Mr. C. PHILLIPS objected to this evidence.
The LORD CHIEF JUSTICE—Part of the res gestic charged
is the effecting insurances, and they must prove it.
The Witness—This is the policy effected on the ship, Michael
had a copy of it. ( The policy effected in the. Marine Assur-
ance Company was then put in and read, the premium in
which was 1471., the ship being insured in 2,0001.) There was
a total loss claimed upon that in Jan., 1810. I paid three-fourths
of what I received to Michael Wallace. I also effected a 100 icy
of 3001. at Lloyd's, for the chartered freight, by desire of
Michael Walace.—( The policy was put in and read, it was
effected at seven guineas per cent.) A total loss was claim, d
for, and three-fourths of the money received was paid to
Michael Wallace. Michael Wallace had a copy of the policy.
Cross-examined by Mr. Pni Li es. r. Wallace pur-
chased the three-fourths of the ship at the rate of 1,6001.
for the whole. After that she was put into dry dock, and
made a first-class ship. This was in October, 1.937. Her
value was increased in consequence. ,She was coppered.
About 6001. was laid out upon. her. Ido not include the stores
in that. I should value the stores of the ship at probably
1501. There was no salvage. on the ship to my knowledge.
We received a bill fcr 4001. from a person named FroC. It
was not for salvage.
Ite-examined by the ATTORNEY.GENERAL-.-We ,got the mo-
ney upon the 400/. bill, and we kept the money and still have
it in our possession. The value of the Dryad, in 1639, was
2,000/. ; 1 believe s:te would have sold for that previous to
that vovage from Liverpoal to Santa Cruz. We never in-
sured her under 2,0001. The first voyage she was insured
for 2,4001., and afterwards for 2,1001. I did not knew of aoy
other policies effected on the si.ip and freight for that voyage
at the time she sailed.

Samuel Wheatley—l am an insurance-broker. I effected
the policy produced for Zulieta and Co. at Loyd's. A total
loss was claimed 7th November, 1840, and paid to Zulieta and
Co. (The policy was put in and read, and was dated cep-
. tember 1839, and was for the cargo shipped on board the
Dryad from Liverpool to Santa Cruz. ZIA-cite aid CO. made
the declaration of the value; it was dated 17th September.
It was effected on hardware, earthenware, sugar mine, pans,
ane salt, for 3,0001. It was signed by the.underwritere in my
presence.
James Shepherd--I below*' to the Alliance Marine Ineurance
Company. I have a policy for 7151. for goods on board the
Dryad. It is executed by three of the Directors. ( The
policy was then pia in, dated 4th Aug. 1839, and effected in
the name of Mr. S. Wallace, on goods shipped on board the
Dryad, for the voyage from Liverpool to Cuba, upor; 40 cases
of flannels, two cases of cloth, two eases of printed cousin's,
making in all 715 i. value, insured at 40s. per cent.) Mr:
Stott was the broker who effected the insurance. The bill of
lading was brought to the office by Mr. Stott,•when the claim
for a total loss was made. The loss was finally settled on Mr.
Stott bringing an undertaking to reimburse us if anything
should be saved. The cheque produced for the 7151. is the one
paid by the office to Mr. Stott on that account.
James Grey—l am superintendent of the underwriting de-
partment of the General Maritime Insurance Company. I
produce a policy effected on the Drvad for 1,284/. 12s. It is
signed by the Directors. (The policy was then read. It was
dated 7th August, 1839, and was effected in the name of James
Stott, on the voyage from Liverpool to Santa Cruz, and was
On pork, butter, earthenware, cottons, and blankets, valued at
1,2641. 12s. at 40s. per cent.) It was effected by Mr. James
Stott. The paper produced is signed by Stott. I paid a sum
of 60 par cent. amounting to 1,012/. oil it, as a part fur tile total
loss in January, 1840.. At that time the bill of lading now put
in was produced by Stott. The cheque produced for 1,0121.
is the one I paid Stott or, that occasion. I received the paper
of the valuation of the "nods from Stott at the time the in-
eileinete was efieletech I paid the balance 2531. in October,
Mall received from Stott the letter of indemnity produced. The
cheque for 2531. is the one produced.
James Stott, examined by the ATTOKNEt,'GENERAL —I
have been a ship broker. 1 was brought with Wdon
and Johnson. I left them in 1837, and some time after
commenced business on my own account as a ship broker at
tr, Seething:•lane, Tower street. I became actinaintecl with
Patrick Wallace when I Was at Sdlaidti and JohnsOn's. He
was an ale and porter merchant, and an importer of bristles
and isinglass. His place of business was 18, Cooper's-raw,
Tower-hill. He had lived there in. 1839; latterly he lived at
WindsoMetracei City-road. He employed me in my hese-
itesk iii pakeink 6ntribs for Mini lino gave me en order to effect
some insurances in Auguit, 1859. it *iki tfi Wilke I 46414 121.
on goods by the Dryad with the Maritime Insurande Office,
He gave me a speeifieation of the goods. The one produced
is in my writing, copied front His directions, he saw it. I
was to showit to the dffiee. (The specificatithi *es pot in
and read,) I signed the, slips: Oven by. the Maritime Office,
which is now produced. (The §lipii were pet iii and reach) The
policy which has been put in was the one I effected. I hittleed
it over to Mr. P. Wallace' In February, 1840, he instructed me
to claim a loss Upon the Policy, lie brought me the
hill of lading; and asked if it was of any elingeait43r co. as
hot being stamped: I told him I did not think there would
be any objection. It Wits the first tithe I had seen the bill of
lading. He went and got it stamped, paying the pentilty
I claimed a total loss. Eichty per cent was paid to me by the
cheque produced, I litindea it fiver to Patrick Wallace. They
declined paying more at that time. The prisoner frequently
desired me to than the rertiaitting 20 ed. cent. I did ee, And tlley
asked for in undertaking, I Oottimbnielted it to Patrick, with
gave me the undertaking produced. It i 3 wholly hi his hand-
writing. (The undertaking was then read; it was dated the
9th of October, and was signed " P. AI. S. Wallace.") 'I hey
paid ins the remaining 20 per cent., by the cheque produced.
I got it changed,• and paid Patrick the balance dice to him,
deducting nay comtlii§tiOn end the ittliotot due to me, It Weiss
for 2831. 1 deducted_a_lh
eatnisd4haonfdterdoiihbintie.th:}ll:l
expressed himself contented the settlement of the ac-
count, as I had h
receipt produced, which 1 had written. He gibe ms3ied:ni:esdtrulthicee-
tlohe not to le eve the pretest, longer then twd. days. When I
Went to make the claimhe told me he had get It he faeotir, 4tici
was not to keep it longer than that time. The alai'et grit
refused, and I told him so, and that at the office they said they
never saw such a protest, and wanted the Captain's letter.
.Prisoner said it was no business of his, he had not got it, and
would not show titenti I field of
he had bitter git it, and
he said he would endeavour to de gd. Tfo fin•y4
after he brought the letter, and said it had cost
him • two sovereigns, I asked him how it could do so.
He said he had given it to Howden and Ainslie's clerk, who
bad given him the letter, unknown to both, in order that they
should not mention it to his brother, who did hat stislt to
done
nieanoAncperh.
is glpote3roie9s
Prisoner
nbheyer
sok
anridodewr
hise tdh ambt
reohtt
hoe
eerff hadewcietsffhaeencdt ei
;d7suair.na
ientist
lubir,ayartitichceee.
the Dryad. I ascertained the premium. He gave the the
specification produced, I sighed the slip produced, which
was made out by the gentleman at the insurance dila. The
policy produced is the one I made with the Alliance. I handed
it over to the prisoner. I Was instructed to claim a loss on
thate A few days after the loss was claimed for froth the Marie
time. He gave me the protest, the policy, arid the bill of
lading. The bill of lading it nose proditeed. I dEinanded
total loss from the Alliance ; they paid the whole Of it. The
bill of lading is in the hand-writing of Patrick, and also the
one of the goods insured in the Maritime. I have no doubt
but that the writing of both hills is in the handwriting of Pa-
trick Wallace. Ido not know the writing of Loose: At the
Alliance they wanted a letter from his brother. I told Patrick
so ; and he'said one from himself would do as well, for he had
given one' before to Lindell and Mall for the Neptune Com-
pany. He gave me the letter produced, signed " 31. S.
Wallace." It is in Patrick's hand -writing. (The letter
of indemnity to the Alliance was put in and read. )
1 hey paid a total loss by. the cheque produced. I paid it to
Patrick, the prisoner. The London and Westminster Bank
were Patrick Wallace's bankers. The cheque is crossed " Lon-
don and Westminster Banking Company:" The receipt pro-
duced is in Patrick Wallace's writing, and was given to me by
him on receiving the cheque. I asked him if he had received
any further information from the wreck, and he said his bro-
ther had received a letter. I said that was all right, and asked
for it to take to the Maritime Insurance Office. He said he
wished they might get it, for he did not intenaddttohasht volveaits
to
them—they had the protest and the policy, a
all
that was required by law to settle it, and if they did not. settle
before the twelvemonth was up, he would make them. 1 said
it would be better t do it amicably if they could. I asked tee
particulars of the letter. He said there were some pans
saved, but no beef or pork. He laughed when he said no
beef or pork. I asked- what he was • laughing at. He said
Loose had done the job very well I asked him what job ?He
laughed again, and said I was not half awake. He requested
me to write a letter to the Consul at Cuba. It had been sug-
gested by the Maritime Insurance Company, and I told him. I
wrote a letter by hie desire to the Consul. The one produced is
a copy, in Patrick's writing. (It was then put in and read.
It was dated 15th of March, 1810, signed James Stott, and
addressed to Job Hardy, jun., Esq., requesting him to obtain
such information as to the goods saved out of the Dryad
as might enable him to come to a settlement respect-
ing the insurance, and stating that the communication
was in confidence.) Patrick directed the P.S. about
confidence. I asked him why he so required it. He said do
as I direct you or let it alone. He said the reason was, that
the merchants not having filled up the ship according to their
charterparty, his brother and himself had tilled her up them-
selves. He did not wish them to know it or they would charge
freight. He also said he did not wish Captain Loose to hear
that be was malting inquiry. An answer was received stating
hodthat the captain brought the papers to England. Patrick
said neither Loose nor papers ever would arrive. That was said
on my showing him the answer to the letter. I asked him his
afteres thliaet I
mien for saying so. He said Loose was a great rogue, aho
mtlinenSthtat
ha't picked up all he could frotrn the wreck, and gone away to
from Capt. Loom. He said,he believed he was dead. That
he had died on board the Premier coming home. I asked him
madeasked that
iofbhseerhvaadt
iyjofukritnliglyr. intelligence Abo a
if he had received his papers. He said the captain's trunk
had been opened,- and there -were no papers. I af-
terwards asked if his friends had got any information
as to Loose's death, when he said he believed he was not dead,
but in London, and had been three weeks. I asked why, if he
was in London, be did not go to the elarititne to get a settle-
ment, as I thought his word would be sufficient ; he replied
that he wished they might get Captain Loose there, but he
was quite sure he would not go, he had not even gone to settle
hisinsurance for his own chronometer. I afterwards saw
Patrick in an offi,w which- he' had ire Crosby-hell Cliaan',er:.
asked hi,n if he • ca C • a;ti 1,4 ••
not in London ; dossvta, 4,:u11t weei,
tion. He said lie wished he was in London, for he would give

him a ship directly, he was a very clever fellow, and deserved
all he had got, for he had done th Drrt d's j' b very clean. I
said he must have been well paid it he had done so. He
laughed, and said a thousand or two, that was all. I recollect
when the prisoner was taken into custody on 27th November,
I saw him at the Mansion-house, and asked him what was the
meaning of it ; he said it was the Dryad. I s reel
then my suspicions all along had been correct. He
said it was a bad job, but I need not fear, because I was only
the agent, but he was afraid he should be transported. I said
why should you fear that, you were not master of the ship.
He said, Oh ! the goods were never on board. There are
papers in the house which will prove me guilty. I had been
taken into custody at this time. The conversation was about
five minutes before we went up before the Lord Mayor. I
saw him several times while he was in custody. Going back
in the coach he told Roe, the officer, he should be after his
brother, as he was the rogue ; all he had done was for him.
do not believe he would have been in this scrape except for
his brother.
The examination in chief of the witness being concluded the
Court adjourned for refreshment at two o'clock, before going
into the cross examination.
The Court re-assembled at half-past two, when Mr. PHIL-
Lips proceeded with the • cross-examination of the witness
Stott—lt was about three weeks after the conversation relating
to Zulieta that prisoner was taken up. I was taken up at the same
lime. Mr. Phillips, jun., was in the room at the Mansion-house
when the conversation took place ; lie interrupted us, and told
me I must not speak to him. Almost all his conversations
were in a jocular manner. I told him that I had heard of
ships being sent out on purpose to be lost, and I asked him
it the Dryad was one of those. He became exceedingly in-
dignant, and threwened to kick me out of the room. I
missed him from London about July last. He told me he
was absent at St. Petersburgh on business.
Mr. PHILLIPS—Did you sukipose there was anything wrong
ill this young man about this business?
Witness—l thought there was something very curious about
it, but I did not suspect any fraud. His brother was taken
up about three weeks after Patrick was in his custody. I saw
his sisters in the ante-room at the Mansion-house the day I
was there last, but had no conversation with them.
Re-examined by the ATTORNEY-GENERAL—I never had
any difference with Patrick Wallace.
Mr. Michael Wills—l am Secretary of the Neptune In-
surance Company. The policy produced was effected with
that Company. on the ship Dryad and her outfit for 2,7001. I
am the subscribing witness to its execution: It is signed by
Michael Wallace. I am the subscribing witness to another
policy, dated 17th August same year, for the chartered freight
of the same ship on the same voyage, from Liverpool to Santa
Cruz, for 7001. lam also the subscribing witness to a third
policy, dated 21st August, 1839, for 6871. for roods shipped on
board the same ve:sel, for 33 tierces of beef, 43 bat refs of
pork, 35 firkins of butter, and 30 crates of earthenware. The
bill of lading is the one which was produced on paying the
loss. There was a total loss pa'd on the three policies. Ido
not know the writing, of the body of the bill of lading.
Mr. Stott recalled—Swore the bill of lading was in Patrick
Wallace's writing.
Mr. Wills's examination continued—The cheques produced
are those by which I paid the sums claimed. Before they were
finally settled the office required a letter of indemnity. The
letter produced sv,:s given in respect of the goods. The in-
surance on the goods was cif, ct• d by Linder and Hall, and
that on the ship and freight by Se.den a ,d Johnson. I received
two letters of indemnity, one from each party. (Mir. Srott
proved that the body of the one received from Selden and John-
son was written by Mr. Selden, and signed by Mr. Wallace.
The one from Linder and Hall, Stott could not swear to the
handwriting of the body, but the signature was Patrick Wal-
lace's writing.) 'I he papers produced are the slips produced at
the office on which the policies were prepared.
Thomas Johnson examined by Mr. BODKIN—I am a ship
and insurance broker, in partnership with Mr. Selden I ef-
fected the policies produced in the Neptune for Michael Wal-
lace. I did not see him personally on the subject. I received
the letters produced in the course of these transactions. I be-
lieve them to be Michael Wallace's hand-writing. I have
never seen him write, but have corresponded with him. (The
letters were put in and read ; they were ordering the witness
to effect insurances in any of the Companies except the Ma-
rine and Lloyd's on the Dryad, and her chartered freight out
and home.) The papers pro duced are the slips by which the
policies were effected by our firm. My partner received the
amount of the policies as for a total less, by desire of Michael
Wallace on the sth February, 1840. I received the total
amount. The check now produced is in my partner's hand-
writing • it is signed on the back by Michael S. Wallace, and
is for the total amount less our commission and premium.
Mr. Robert Selden—l am the partner of the last witness.
The cheque produced is in my hand-writing. I delivered it to
Michael Wallace.

Henry Hall—l am in partnex,hip with Mr. Linder as ship
brokers. The policy produced was effected in the Neptune
by us, by the order of Patrick Wallace. I made gut any slip
fsr the purpose of taking to the Neptune frcm the Slip handed
to me by Patrick Wallace. I have not Patrick Wallace's slip
In my possession. I afterwards made a claim as for a tstal
less, by Patrick Wallace's directioni. The day after effecting
the' insurance with the Neptune; I effected an insurance
witli.the Mutual Indemnity Marine Assurance Company by the
directions of Michael Wallace. I afterwards claimed for a total
loss by the direction of Patrick Wallace, who gave me the bill
of lading produced, which refers to the Neptune. Oa 29th Ja-
nuary, 1840, I received the letter produced, signed by Michael
Wallace, directing us to pay the money received from the Mu-
tual to his brother Patrick. He received the money from the
Mutual, and paid Mr. Wallace 500/. on account about ..:9th
January. On sth February, 1 received the amount from the
Neptune, and gave to Mr. Linder, jun., our clerk, a cheque
for 7001. It is the one produced. I gave it him to pay to the
prisoner. That was on account of the balance due on both po-
lices.

Mr. W. Stuart —I am the subscribing witness to the policy
produced. It is executed by two of our directors, Mr. W. As-
tell and Mr, G. Hibbert, directors of the Mutual Company.
(It was executed 22d August, 1839, for freight of Dryad from
Liverpool )
Mr. Oliver Thomas Linder—l am a clerk to Linder and
MA ship-brokers. I received from Air. Hall the cheque pro-
duced for 700!., to be paid to the prisoner Patrick Wallace.
I paid it to him, and he indorsed it in my presence. The
cheque for 5001. was paid la our counting-house to the pri-
soner, Patrick Wallace. The body of the letter of indemnity
POduced is in my writing. It was signed in my preseticu by
atrick Wallace.

Mr. Francis Lewis Philip Secretun—l am an underwriter
on the policy produced for 3001.
Mr. S. llarshall—l am an underwriter upon the policy
produced for 700/. There are fourteen other underwriters to
the same policy.
Mr. Lodge—l am Secretary to the Marine Assurance Com-
' pany, and am subscribing Witness to a policy subscribed by two
of our Directors, and effected on the ship Dryad fur 2,000/. In
January 1840, a claim was made for a total loss, which was
adjusted an tith of the same month, with Howding and Ains-
lie, hy paying them a cheque for 1,411/. 195., being the
balance due to them after deducting our account against them
for premiums.
Air, Charles Bahr—l am in partnership with Mr. Beherens,
at Liverpool, We are ship and insurince brokers. The
pplicy produced was effected by our firm for Mr. Michael
Waliee. I saw him at Liverpool on the subject. Ido not
recollect Whether 1 ever saw Captain Loose. He was at our
office. Ido not know if Michael Wallace was there at the
time. 1 claimed under that policy as for a total lo,s in
January 1840. I received 5001. on the policy. It is for 6501.
It is 500/. on the ship Dryad, and 1501. on the Captain's effects.
litre paid the 500/. wo had received to Michael Wallace. We
claimed thti Captain's insurance by desire of Mr. Wallace.
It was not paid. Michel Wallace told us to insure 150/. on
the master's effects. In consequence of some inquiries, I gave
the pokey up.
Cross-examined by Mr. PHILLIPS—We did not press the
claim 14 the Captain's effects.
Mr. Frost—knows Capt. Loose's handwriting. The signature
to the bill of lading produced is in Capt. Loose's handwriting.
Peter Kelly—l was a clerk in the employment of Zulieta
and Co. I entered their employment in 1831. They carried
tin business in Liverpool and Londoo. I belonged to the Li-
idtiVeel estt,blishmerit Upwards of nine years. They were ex-
porters of goodg Cuhsf. I recollect their freighting the brig
Dryad in 1639. I was t lie :lifting clerk. I saw the Dryad
lying in St. George's Dock, at Liter #O4: I then became ac-
qiiiiiiited ,t,ittft Capt. Loose, as the master of the Dryad. I was
on beilid hei front tints to time. I knew Michael Wallace as
part owner of the veas,q, aud saw him ai; 'Liverpool while
she was loading. I never saw hitvt on board the Dryad.
He requested me to despatch the tell—that IYA4 in
August, 1839. I saw him two or three tit s:
Ship itaS advertised for Cuba. No goods offered folf Iser;
except Zelleta4ii gOOdt 1 saw the goods on board that they
sent on board. 'the bill of I sling is the one for those goods—
it was made according to my direction, and contains the whole
of the goods shipped by Zulieta and Co. We were about a week
putting the goods on board. She lay close to the Quay.
The gusde were seat in carts and barges to the Dryad.
They were all oft board on the sth of September.
I was on board the Dryad after they were shipped. Ido not
knew of any other goods being on board. If there had been
several tierces of beef and pork, crates of earthenware, cases
of flannel, firkins of butter, and cases of cotton goods I might
have seert them: I tind not gee any other goods besides those
mentioned in the hill of latlingi of Zulieta and Co. I was last
on board a day or two before she saited, and I did not at that
dint see any goods on board but those belonging to Zulieta
and Co: If goods had offered according to the course of
praetice they cold hat hive gone on board without an order
Path the eonsigneesß Zulieta and Co. They had the whole of
the vessel outward.: If wts part of my duty to see that no
other goods were put on board, If I had seen any other goods it
waled have been my duty to have named it. Neither Michael
Wallace tier Captain Loose ever applied to me to take any
goods on board. I do not think the goods and pro-
visions you hate mentioned would occupy a very large
space. Earthenware would occupy a very large space. Beef,
pork, and butter not occupy a space anything like
earthenware. Eighty cratBsl of 'earthenware would occupy
a space of eighty tons. The whole with beef and pork
might occupy 90 tons of space. I scarcely think 90 tons of
goods could have been on board the Dryad in addition to Zu-
lieta's goods without my perceiv.ng it.
By the JUDGE—The tonnage of the ship was 204 tons.
By the Arroaxer-GertertAL—l saw Zulieta's goods stowed
away—they would fill about two-thirds of the ship. I should
say they were sufficient to fill her rep as she was filled when I
last saw her. I was present when the captain made his decta •
ration at the Cust.m-house. The vessel is generally loaded
before she is cleated at the Custom-house. The raii;t6r's de-
claration is the act of clearing her. Goods are sonftitheS
taken on board after that; in that case there ought to be a
fresh entry. There was no second entry of the Dryad. I was
down the day that she sailed, but did not go on board. At the
time she was cleared she was two-thirds filled. I recollect
Maxwell the mate going to the ship. He came to me two
days before she sailed. 1 had been on board down to the time
that he came on board. Up to that time she had been as I
have described.

Cross-examined. by Mr. PHILLIPS—She came to Liverpool
in July and August. I was not on board night and day. My
employers had chartered the vessel, and if any goods ha,l been
put on board they must have paid the freight; so that if any
persons wished to ship goods without paying the freight they
must have been put on board clandestinely. Capt. Loose did not
take a dock berth. She mutt have been approached by boats
on one side. There was no access to her from the river.
Things were put down into the hold after I had been in the
hold. It is customary occasionally to ship earthenware fos
Cuba. It might have been a week before she sailed that I was
last in her hold.

Mr. Plituars—ls it not sometimes customary to ship goods
at Liverpool in fraud of the charterer ?
Witne,s—lt might have been done, but never to my know-
ledge. I am the person of all others from whom the knowledge
of such a fact would have been concealed in relation to the
Dryad, because it would have been my duty to inform my
employers. Go .dc might have been put on board without my
knowledge. There were ten kegs of paint put on board,
and no entry after the declaration.
Mr. Putwrs—Were there not fifteen kegs of paint and
some hardware put on board after the declaration?—l believe
there were. I ordered them on board. I did not make a
fresh clearance at the Custom-house. They did net pay the
duty. It was so trifling it was not worth while to make a
fresh declaration.
Re-examined by the ATTORNEY-GENERAL—We tried to
get gods for her down tck_the last hour. .No goods could go
0,, I,oard t,efor, our:. At t:me t,e . ~f intention of

••• .`: i,.‘;!.
1.1 e had hu 60,,d.) till d . IL 11 LL.., LllO 01 th; Le
days after that that the loading, begun. Earthenware and

544 are shilipiti froth lighters, and other goods from the shore.
It would take a day 61 eight or nine working hours, to *hip
e;ghty crates of earthenware. It would require the use of tackle
on board, and a good many hands. The provisions would
require two or three hours to ship them. I could see the hold
from the main hatchway without going down. I hurl. than
opportunity within three days before the ship sailed. Down
to the time of her sailing, we would have taken any goods,
that. offered.

Thomas Sherlock—l am the clerk and examiner, and clearer
in the Long-room, Customs, Liverpool. I produce the Bill of
entry and declaration of the master of the Dryad, dated Aug.
1839. ( The documents were put in and read, and proved to be
signed by Captain Loose and Peter Kelly, and r.lated solely
to the goods shipped by Zulieta and Co.) The export duty
on earthenware is 10s. per cwt. Salt is free. The entry and
declaration are all the documents we have at the Custom-house
relating to the Dryad. The docks cannot be entered except at
high water, when there is always some one watching. I should
say it was almost impossible to ship any thing which would
take eight or nine hours to ship without any one knowing any
thing about it. The entries and the master's declaration
correspond, we have nothing to do with the bill of lading.
No ma'erial was elic:ted in the course of the cross-exa-

Captain John Meek—l was master of a vessel called the
Bencoolen in 1839. I was bound to Cape Hayti from La-
guryra. On 23d October, the Bencoolen was off the harbour
at Cape Hayti. Her burden was 410 tons. While off the
harbour I was boarded by a pilot. Three pilots came on b 'ard.
'1 here is a reef of rocks about three miles from the place where
the pilot bearded us. I observed a brig to the eastward. She
turned out to be the Dryad, Captain Loose. She was going
right stem on to the reef. The reef is laid down in the chart,
and well known to mariners '1 hey are laid down in the chart
produced. There is a bank, called the Silver Bank. The
reef she was going on is called the Reef of the Harbour of
Cape Hayti. They ;orm the outside of the harbour, and ex-
tend about fifteen miles to the eastward. We waited to see if
the brig would alter her course. She did not. Our
pilot made a remark. I fired a gun as a signal to the
brig to warn_lbon of their danger. ohe paid no attention,
614;4.1e but still ea on. I ordered the pilot to go away with his
bo rect.y and go on board the vessel. He pulled to her and
anted her. She did not alter her course until the pilot
boarded her, but continued going in the direction of the reef.
There was a light westerly wind blowing at the time. She
could have avoided the reef. When the pilot went on board
she alterpd her course and came into the harbour. I saw Loose
on shore-there. I observed that. the Dryad's rudder had been
unshipped and a jury rudder made. Several gudgeons had been
unshipped. I atteoded a survey on board the vessel. The
brig was surveyed, and certain repairs were ordered. There
is a gentleman there acting as Lloyd'i; agent. I remained at
Cape Hayti seven weeks. Tile Dryad remained a fortnight.
I frequently saw Loose. I. conversed with h.m about the brig,
where she had been, and what had happened to her.
Mr. CLAuxsow—Did you learn from him what had been
the effect of your sending the pilot on board him ?
Mr. PHILLIPS objected to any evidence being gone into re-
garding. Louse.
The ATTORNEY-GENERAL and Mr. CLA RKSON contended
that they had a right to put the question in order to bring the
case home to Loose.

Lord Chief Justice TINDAL said they had no light to elicit
any declaration of the Captain unaccompanied by any act.
They could only take his declarations in evidence against the
prisoner, where those declarations were accompanied by acts.
Examination continued—l saw Looie during the survey. I
saw tho mate of the Dryad, Ronald -Maxwell, soon alter I
arrived. He applied to me for a berth. I met the captain at
Killick with the mate. The captain paid the mare his wages
and discharged him. I asked the mate the reason of his ap-
plying to me for a berth, and he gave me a reason. I gave him
a berth. I saw some of the crew on board; they made com•
plaints in my hearing. I remember the brig leaving to proceed
to Cuba after her repairs. The day after I saw Colonel Bi--
lister, the Colonel of the port. He made a remark to me, and.
three or four days after I heard of the loss of the Dryad. I
saw down the aft hatchway when I was surveying her, and she
appeared about two-thirds full of goods. I never saw her log
book, nor do I know of any one who ever did see it. From
what I saw of her course it appeared to me she had an oppor-
tunity of avoiding the reefs before I fired the glib. She had
no business there at all—there was nothing in the state of the
weather to drive her there.

Cross-examined by Mr. DoANE—I know Maxwell. I have
seen him here to-day. I heard a person taken out of Court
just now, I believe it was Maxv♦ell's voice. I believe he must
have been tipy.
Re-examined. 4 do not know who made him so, or whether
he made himself so.
( While the witness was under examination'a man in a state
of intoxication was endeavouring to obtain admission into the
Court, but he was quickly removed by the officers.)
The Court adjourned at a quarter to six o'clock until to-
morrow.