The Sun.
London, England, 1841-03-05 00:00:00

CENTRAL CRIMINAL COURT.

(OLD COURT.)
(Before Lrrd Chief Justice TINDAL and Mr. Justice
WILLIAMS. )
LOSS OF THE DRYAD.
The Judges tcok their seats on the Bench at ten o'clock_yes-
terday morning,_ and immediately afterwards Patrick Max-
well Stewart Wallace was placed at the Bar.
The ATTORNEY-GENERAL then called Rowland Max-
well—l was mate of the brig Dryad, cn the voyage
from Liverpool to Santa. Cruz. Captain Loose engaged
me at Liverpool on September, 18.39, for the voyage
from Liverpool to Santa ( ruz, from thence to, St. Jago de
Cuba and from theme to Swansea. I was brought up to the
sea, and have commanded a ship in the South American trade.
I have often crossed the Atlantic, and am acquainted with the
navigat on of the West Indian Seas. I was in the ship's hold on
the 4th September. There were a few cases of hardware and
a few kegs of paint taken in that day ; they came with Zulieta's
bills, ant I signed them as ma.e. No goods were received
from that time to the time the snip sailed. I am
quite confident of it. I locked the ship up my,elf
every night, and saw her again in the morning I% hen
these goods were taken on board, one-third of her re-
ma.ned unfilled. There were no crates of earthenware loaded
on board after the 4th. There were no cases of any kind ex-
cept Zulieta's goods taken on board, nor were there any tierce 1
of beef, nor barrels of pork, nor firkins of butter, except what
were for the ship's use, and they were on board previously.
I saw the hold every day, and Lam sure there were no more
goods put on board except what came from Zulieta's. She was
ready for sea on the 4th. We had two tierces of beef and four
barrels of pork fur the ship's use. It was scanty even for the
outward voyage. It is usual for ships going such a voyage to
be I.rovi:ioned out and home both. lam sure the Dr} a hal
not provisi ms for theln.meward voyage. We went out of
dock on the 6th and anchored in the river, and sailed on the
7th. We had ten hands on beard in all. We went round Ire-
land through the North Channel. We took Curlingford Light
from the Irish coast. It is not unusual to go by the North
Channel. Captain Loose directed me to get tackles rove and
coiled into the long-boat, so that if she were wanted she
might be got quicker into the water. We had not a
long Inc. when we sailed. I endeavoured to replace
it by making one of spun yarn, but it was too heavy. We
bad no proper log line during the voyage. I found the
larboard pump was choked, the first time I endeavoured to
sound. This was a short time after we were at sea. I tried
to clear it out, but could not. I told Captain Loose of it. He
said nothing particular. That pump was never made to suck.
I applied to the Captain to be allowed to make use of the chro•
nometer, but was not allowed. It would have assisted me in
ascert lining the ship's longitude. We pursued our course to
the West India Seas. I had never been at Santa Cruz. 1 here
isgenerady a track laid down on charts as a guide. Captain
Loose devia.ed from it about longitude 59 west. He then
steered to the northward. . We first made land at Virgin
Guarda. I saw the land th,441...1 told the Captain. He came
on deck, remained about five minutes, and went below again.
Shortly alter 1 saw breakers ahead, denoting a reef and low
land beyond. We were about five miles from the breakers. I
went down and told the Captain. I found him in bed. It was
between six and seven in the morning. Benjamin Shultz was
at the helm. I told him I could see breakers ahead and low
land Ile got out of bed and went upon deck. I ordered the
man at the helm to put the helm clown to let the ship come
round, and keep her of the breakers. The Captain ran to the
wheel and hove the helm up again. It put the ship direct
on for the breakers. Captain Loose was himself at the wheel
then, and remained a short time. Hunt( r and Simpson, two of
the crew, came into the waist; and complained to the s aptain.
They said if he would not put her round, they would take
charge of her and put her round themselves—they were not
going to be lost. The Captain on that left the wheel.
Dhultz again took the wheel and put the helm down again, and
the ship came round. 'the ship just cleared the breakers, and
nothing more. In a few minutes she would haVe been on
shore. When she came round, the Captain said he did not
think she was so near. He told me at first to mind my own
d--d business, and take the studding sails in. That was
when he first came on deck. When she came round, he said
he would have me tried for mutiny for taking charge of the
ship from him. This was on the 17th of October.. On the
19th we were on the Silver Keys. This was on the north of
St. Domingo. The way I have generally gone is by the
south of St. Domingo, between Antigua and Guadaloupe.
It is the usual way. Supposing a ship going to the nor.h,
she ought to have kept near the shore to have avoided the
Silver Keys. When there I saw a rock between
six and seven in the morning, on :the larboard bow.
I mentioned it to the Captain, who was below. He
came on deck. I pointed out to him the rock—it was
easily to be discerned. He said he could not see it.
Ile had his teltsespe in his hand. The water as head
was discoloured, which indicates a shoal in those seas
One of the crew from the fore-yard called out, " Rocks
under the fore-foot." I ran forward, and the Captain
likewise. I saw the rock. ( aptain Loose said, "We arc 1-st,
we are lost, we are all lost." Immediately after this the ship
struck. She remained fast for about twenty minutes. He
ordered the jolly boat to be hove overboard, and we got tackles
to the long boat to save ourselves. After about twenty mi-
sutes she dragged off. She had suffered no perceptible in-
jury; she made no water. After going a short distance, she-
truck another reef, and dragged past 'hat. The Captain was
.n the cabin during the time putting a life preserver on.
Fr,,m the second rock we dragged off the rudder was disabled.
We then pinned the sails to keep her before the wind. I ap-
plied to the Captain for the main-boom or the spritFail-yard to
make a temporary rudder, which he refused. We had no
spare spars on board. He said we were in a nice pred•cament,
a ship at sea without a rudder, and that. it would have been
better to have gone on shore at Ann Guarda. The carpenter
made a temporary rudder of studding sail-booms and plank.
It assisted in steering her. On the 20th we made St. Do-
minos) the harbour of Port au Plat ; we proceeded close along
the land until the 22d. It would have been better to have had a
better officer, as we were sometimes so near as to be almost
among the breakers. On the afternoon of the 22d Oct. we
were close in with a reef that lies off the harbour of Cape
Hayti.. The jury rudder unshipped. The Captain gave orders
to keep her out to sea again. He asked me what I thought
was best to be done. I told him there was no danger to run
into the harbour. The wind was fair for it. He toll me to
ot the d
nc
.o n drr
hme ayt e
sa
indd
tSbi ieu lbt za ,r b hu er
egarpo foernwtearr:l
taondkncoawll Dtahveiisr,
not—he had no pilot on board, any_
d he would t loose sea tthheat innisguirna,nce
was before us, and they thought we might get in. Thed.f Cap_
tarn said
I told hint the only P
thing happened to thel vthesesnelwhase
tok wouldeep
The Captain went to
dintothsetamndorinnining.the morning, and get a
il on the larboard quarter at nine
re-
placebpeita
wtt hiBtehoj
,utchri jury
crakeu.
ad dherlres,eaaaawnea
a sa
tookeA like a large ship, and was
probably
run
down to her. We
o'clock. I told the Captain, who
could give us assistance if we were,
have
ocrabel on
na
deck.man of Iwsaarid, who
could have easily done it ; we could
nothing with her. He went to bed again,
wind. The Captain would not allow it; he
down before the
•
eto the call him at 12 o'clock. At day break we were he
asanidd
toad
oldwmanetetdo
o
larboard of the entrance at day break. few
south-
east of the entrance of the Port. We saw a slhvieli
waerleatlet
thethen
miles cif. The Captain was on deck aboutsteeringtowards the reef. I could see the7bore,calkoecrks. a
The
Dryad was then steering the course he had ordered when hre
left the deck previous. The ship we saw to the northward
tired a gun. She was the Bencoolen, Captain Pike. I un-
derstood the meaning of the firing the gun to be to warn us
that we were in danger. The Bencoolen had a signal flying
for a pilot. We had none. I proposed to hoist one, and
Captain Loose said that if they were toe lazy to come off
without a signal let them stop where they were. The Dryad
kept on the same course until a pilot came on board. It
was almost a calm. I told captain Loose the ship to the
north had tired a gun and hoisted a signal. He said that
was nothing to him. He was below at that time. It .was
about eleven o'clock in the forenoon when the pilot came on
board. The captain called him aft, showed him the jury
rudder, and asked him if he would take charge of the vessel.
He said he would if the crew would work the ship in. 'I he
pilot came from the Bencoolen, and waved a flag all the way.
It was about three miles. The meaning of waving a flag was

forus to bear down towards her. We did not do so. The cap-
tain was on deck, and saw the signal, but did not alter his
course. The pilot hailed, and asked where we were going
with the vessel. We were about half-a-mile from the breakers,
blit we went very little through the water, it was so calm.
On the 23d of October we went into port. I left the Dryad
at Hayti, on the 2d of November. I assigned a reason to
Captain Loose. I went on board the Bence°len. I was paid
my wages all except 21., by Captain Loose, which 21. ought to
be paid in Liverpool. The cour.e the Dryad took to port
Hayti was a deviation from what I consider the proper track.
The track she took was dangereus in many places, and by
keeping the proper track she might have avoided these dangers.
There was nothing in the wind or weather to force her so
near the shore. There was no occasion or necessity for it. I
was not afraid, but I had always my suspicions.
Cross-examined by Mr. PHILLIPS—I did not sleep any last
night. I passed the night in a room in a house. I did not
inquire if it was the station-house. I rather doubt that it was.
I think it was, but I did not inqu're. I had no curiosity about
it. It was an unusual thing for me to find myself in a strange
room. There were men and women there. The men had
coats and trousers.—( A laugh.) Some of them had blue coats
with figures on them.
Mr. PHlteirs—Were they policemen ? I did not ask
them.—( A laugh.)
Mr. PHILLIPS—Do you know who the gentleman was who
came into that passage yesterday shouting as laud as could be?
—I have been told.
Mr. PHILLIPS—Do you know who it was ?—I am only very
sorry that I should have taken an extra glass of wine. I took
it in a public-house by myself. I paid for it myself. I got
nothing from any friends of the prisoner. I was not taken up
on this charge myself.
Mr. PIIILLIPS—Were you not taken into custody by the
prosecutors ?—No, Sir.
Not on the 2d of November ?—I was on bail. •
Mr. PHILLIPS —Were you not in custody of an officer before
that ?—I was never in confinement. I do not know whether
I could have gone away. I never tried. Bail was c ffered for
my appearance before it was asked.
Mr. PHILLIPS—Did you come in a state of drunkenness to
the Mansioa-House to give your testimony ?—I might have
been a little merry.
Mr. PHILLIPS —Merry before Sir Peter Laurie, cracking
jokes with the Magistrates, hey ! Were you nut confined all
night for your merriment ? I was taken to the Compter.
My belief would be that the Captain is alive. I haze heard
several times that he was dead. There are authorities at Cape
Hayti. The Dryad remained there under repairs two or three
weeks.
Mr. PHILLIPS—Did not the Captain when on the Silver
Keys call out to clear away the boats ?—He did. The jolly
boat was then bottom upwal ds in the long boat. There was
no tackling in the long boat ; we had to get it in. I told the Cap-
tain we could ra ily get a jury rudder made that would take
us into port. We were then about 200 miles from Cape Hayti.
I gave my opinion to the Captain that Cape Hayti was the best
port for us to go to. I asked the Captain what we should take
to make a jury rudder of, as there were no spare spars. The
Captain said that I should not take the boom, but that if the car-
penter could make anything of the studding-sail booms he
should have them ; and the carpenter made a jury rudder ac-
cordingly. On the 22d the straps of the jury rudder gave way.
We were close to the reef then. We trimmed the sails so as
to keep her off and get her head to sea, by the Captain's or-
ders. We were then about four miles from the harbour. We
had not a signal flying for a pilot when we made the harbour
its tile morn Met. If lever said so, it was not a fact. Ido not
4sink I ever did say so, I saw Michael Wallace at Liverpool.
He was very seldom away from the Dryad. Loose was often
in his company. I should not judge the Dryad to be capable
of carrying 300 tons dead weight ; she might of measur,ment
goods.

Re-examined ty the ATTORNEY-GENERAL.—No charge
was ever brought against me of being concerned in casting away
the Dryad. I was taken into confinement beeau.e having
taken a glass of wine before Michael Wallace was taken, I, in
a jocular way said, I thought I knew where he was. I was
tipsy yesterday. When at sea I never taste either wine or
spirits. I was never the worse for liquor from the time I left
Liverpool until I reached Port Hayti. I have heard that Cap-
tain Loose sailed from Montego Bay, in Jamaica, to America.
When on the Silver Keys, if the Dryad had not got off, there
would have been no difficulty in getting off in the boat:, and
going to Hayti. We could have got the boats afloat in from
ten to fifteen minutes. The studding sail booms were not fit
materials for making a jury rudder, the main boom or thesprits-
sail yards would have been best. 'I hey could have been spared
fa. that distance. The Bencoolen was not in a position of
danger, and the Dryad might have been where the Bencoolen
was at daylight in the morning. We were two miles from the
breakers, and going towards them when the Captain refused to
allow the signal to be made for a pilot.
By the JUDGE—I was asked by the Captain to take brandy
.with. him in his cabin, but I did not. .
Benjamin Shultz--I was carpenter an board the Dryad in
1839. I arrived about 17 days ago in England from the coast
of Africa. I was engaged by Captain Loose for the Dryad.
She was poorly found in point of provisions, and in point of
spars and gear generally. The Captain told me to keep the
long-boat always in good order, so as to be ready for sea at
once. I always kept two too's in the boat by the Captain's
orders. I was at the wheel when she hove in sight of Anna
Guarda. I saw breakers, and called- Maxwell. He ordered
me to put the ship about, and then he went to the Captain. I
put her head round ; befoie that she was going right towards
them. The Captain came on deck, and cursed me, and asked
me who gave me orders to put the ship about Ile pushed me
away, hove the helm up again, and Lrought her head towards
the reef again. I told the Captain I took the orders myself,
and that 1 was not going to run the ship upon the reef in
broad daylight. The crew then came all aft upon the quarter-
deck, and inquired of the Captain what he had a mind to do.
He went to the cabin ; I went to the helm, and the crew braced
the yards that I might put the helm down again. She went
away, and. cleared the rock very closely. If she was two
minutes longer she would have gone fast on the rocks. Two
days after we saw the Silver keys. I told the mate, who
called the Captain. The Captain said he could not see the
breakers or rock ; they were plain enough to be seen. The
man on the foleyard shouted out. The Captain was
en deck. About five minutes after the man shouted the
vessel struck. 'I he Captain tt as very frightened at the time,
and was shouting cut, " What shall we do lads? we are lost."
The long-boat was lying in the gripes of the ship, and the
jolly-boat in her. Nothing was done to get the boats out.
The rudder unshipped when we struck. The captain went
_below. 1 made a jury rud !er. The night before we made
St. Dom'ngo, the s rap of the jury rudder gave way. 'I his
was about tight or nine days after we had made it. When
the strap came off the captain's life-preserver was on deck.
Ihe crew told him if he put that on they would cut it a'l to
pieces. We were then about five miles from Cape Hayti,
close to the shore. There was no reason for keeping so close.
The night before the gun was fired we kept out to sea. I
saw the breakers of the reef. We were about five miles from
the breakers when the gun was tired, steering right on
them. The ship's course was not altered on the
gun being fired. The night before myself and the
second mate had been called by the Captain. He asked
us what we had a mind to do with the ship, as we had no
rudder to her. He thought the best way would be to keep
her to the racks. We said we cou'd not do that. We thought
the best way would be to keep her off the racks, and stand out
to sea for the night, and make Cape Hayti in the morning.
We had not signalled for a pilot when we saw the Ben-
erolen. When the pilot boarded us, he hailed, and asked us
where we were g ing with the ship Our course was not
altered until the pilot altered it. The breakers were plain to
be seen from the time c f the gun firing. The wind was very
free for us to keep off the rock. We remained in Cape Hayti
Harbour nine or twelve days. Many complaints were made
by myself and the crew to the Captair, when we came into har-
bour. I made an effort to leave the ship there, but the Captain
would not allow the. The Dryad left Cape Hayti on the sth
November. I know the reef off Cape Cruz. She struck on
it on the 10th. About teilliminutes before striking on the reef,
we struck on a small lump of rock. We had seen the reef all
the day before very plain. The ship's course was not altered
at all to avoid it. We struck in the night. We were acting
by the orders of the Captain himself when we struck. 'the
Captain was on deck all night. It was about half-past two
when we struck. The Captain was never on deck another
night before but that night. He was on deck when she struck.

Simpson was at the helm. The Captain told him to let go
the wheel and run away, as he might be wanted. No orders
were given. No attempt was made to get her off. 1 sounded
the pump nearly half an hour, and she made no water. • She
might have been got off easily. One of the pumps was choked ;
I told Captain Loose of it at Live' pool, but nothing was done
to it. 'I he crew were on deck when she struck doing nothing.
The Captain went into the cabin—he gave no orders to the
crew. .She might have been got off. The sails were. all hoisted
up, and no orders were given to get a sail in. The
crew were wilting to work if they had been directed.
If an anchor had been heaved out and the sails doused
she might have been got off. About ten o'clock that morning
some Spaniards came on board in a canoe ; we were then hard
and fast. The Captain asked the Spaniards if there was not a
town close in ? They said, " Yes ; thirty miles over the
mountain." They said there was an English Consul there.
The Captain then went ashore in the canee, and stayed ashore
until four o'clock. On his return he took our boat and four
men, and went ashore again. He told us he had gone to the
Spaniard's house. I and Harry Simpson were Mt on board.
The ship had not made any water up to that time. There
was another boat on board, and we tried her; we sailed round

twhiethshainp
troCnl ohsnelttoctlnhaea sttnerint s;
it rat anceiagrar
tfloax
caathtihne
wbiontdton.mw,
Ile water was very c:ear in those seas. The cigar box had
four or five letters in it. 2'here were some leaves of a log-book
in the box. When Loose came back next day he had some
conversation with the crew. We finally left the ship next day
about five o'clock, in the long boat, and went to Fal-
mouth, Jamaica, where the protest was mace. We left the
jolly boat on board. Simpson kept the papers we found in the
igar box. He afterwards produced them to the Captain.
Captain Loose snapped them away from Simpson in Jatca ca
and gave him 51. to get them—that was at Falmouth. After I
came on board on the Ist of September I do not know of any
goods coming on board. If goods had taken a day or a day and
a half in shipping 1 mus have seen them. I saw none attempted
to be :hipped from the water side. None of the crew or Cap-
tain attempted to go back to the vessel from Falmouth. The
Captain went to Montego Bay. From the time the crew left her
she was abandoned by the Captain. Before we went bo Faktouth
we found n hole cut through her by her stern, big enough for me
to put my shoulder through. No reek could have made it.
About 12 o'clock the Captain asked me if I had sounded her.
I said yes, and that she was tight. The next evening I saw
the hole. The weather was calm the whole time we were on
the rocks. When I found the hole I sounded her, and found
five feet water in the hold. After I found the hole she could
not have got off. We left for Falmouth the day after I fou d
the hole. I first saw the hole from the inner part of thu ves-
sel. The Captain's state-room was locked. It was near the
state-room. lie Captain saw the hole plainly. He wa; in
the cabin where it was. From the time we were on the Silver
Keys the crew kept their clothes in bags, ready to save them,
as we always kept close in to the shore, among the rocks and
reefs.

Cross-examined by Mr. PHILLIPS—I gave my evidence to
the Solicitors for tihane,Fros,eichution about seventeen days ago, on
amwyayarornivapluirnpoEsne.g
as te steering the vessel but
I have soalid'es.he wa
sworn she was cast a •
e Captain never asked my opinion
Captain and crew sworn to at
il„atihntionukt th,h
jeasni-esase:cla,wraselatcainsgt
the
h he a vey
accidesuctruty.a_wzyThaceepidreontetsaltlyo.l.
to the casting away of the Dryad_L, was here put in and read. )
prumisel
us our
to eat. We had no
I signierdwethweouphriostiegsnt
Re examii.e,l by
ti‘oirg.et our wages, wages
bnout four poundssome shillings wages
which I was sworn to.
mhiomuthiu and 1 refused p sign it
We IL""N—
-oimtn.
,acgeae.ns
(.1
Iv
eT
Therehe signedCwa apst Captain
was at a house where
ir,uiodur wages.
the
ee to m
Captaine. 1
iI,
assi.gn-4,eit aatskl:ald
pro-
mised as soon as we had signed he wHe pro-
When we had signed he did not give us give
us our wages.
not pay them. It was after the protest had wages, he would
been signed that
ha was told about the cigar-boa. Simpson told him if he did
not pay us our wages we had something that would put him in
irons. The Captain laughed and said he should like to seewhat
it was. The Captain sent for Simpson the next mornir i
Simpson ga to him, and when he came out he had fogtir saw
d notes. I never saw the letters after. The °h?-
poun Captain
told me if I signed the protest he would pay me my wages and
find me in grub until I had a ship. When I had signed it he
refused me my wages, and told me I might go about my busi-
ness. He gave me a note to Air. Wallace, the owner.
By the JUDGE—The notes were Jamaica notes, twelve shil-
lings to a pound.
Captain Fike, of the Bencoolen, recalled—A ship sailing
from England to Santa Cruz customarily goes on the south

' ide of St. Domingo. The course laid down in the chart as
Ithe tract of the Dryad is decidedly a wrong one. She ought
not to have got on the Sneer Bank. It is laid clown in all
charts, and is well known lam not aware of any fair par, ose
of navigation which could bring her in so close upon the shore
of St. Domingo. The reef on which the Dryad was last is
plainly laid down in the charts and might easily have been
avoided.
Cross-examined by Mr. DOANE—The state of the rudder of
the Dryad, when off Cape Hayti, would tend to render h( r less
manageable. I have gone the north passage by St. Domingo.
I never went to Cape Cruz. The main hatchway of the
Dryad was closed when I saw her at Cape Hayti. The Silver
Keys would be about sixty miles from land.
lie-examined—l believe there was nothing in the state of
her rudder to prevent her being brought round, when I fired
the signal.
William Norman Frost—I saw the prisoner Patrick
Wallace in the Compter, after he was in custody on this
charge. I had some conversation w:th him. I expre;sed
my sorrow to find Wm in such a place. He declared him-
se f to be an innocent man, but said his brother was aI ig
scoundrel, and that he was only acting as agent, and that
he knew nothing but what the goods were shipped ti at
were supposed to be shipped.
Cross-examined by Mr. PIIILLIP3—Up to that period I
Lad a high opinion cf
John Roe—l am a police officer. I took the prison er
into custody on t'le 27(11November at the Jerusalem Core -
house. He was inqui•e 1 for, and the clerk of the roam
called hi.n ;' he cans to the door, and 1 sad 4, I most
trouble you t.) CATIC out or the room, if you please? %Weir
he can.e out, I said, do you know a person named S.ott ?
He said, I do. I said, you insure goods on bc'a d the
Dryad? He said, I did. I said, You mu t contidtr your-
self in my custody. He said, L.'s all right ; you may
depend upon i.. 1 tank him to the M.insion-house, and
searched him, and fund a bunch of keys on him. He wJs
examicel and remanded. .0.1 the way to the Comp!, r
he said, Ah I Mr: Roe, you ought to go after my brothe• ;
he is the most guilty pasty is this matter, and
that you will find. You will find the pun( ice
are signed " Michael," and act " Patrick;" ex.
cept in the Maritime, where I acted under his iiistrue.ions ?
then went to his lodging:, 40, Windsor-terrace, 11,,d
found some papers, which 1 afterwards gave to the fir,t
witness. I appeeheaded Michael Wallace on the 17th
D..cernber. The book produced is one I found at
the priioner's lodgings. I apprehended Michael Wallace
at a place called Pothouses, Lancaster. It is a paor c,t-
tege in the outski ts of Lancaster. I had teen looking
elier hi.n before, but could not find It is close to the
sea where I found him. I yaw the sitters if the prisoner,
and the ai'e of Michael, i n custody afterwards.
li:nry Cutton-1 am a clerk in the London and West-
minster Bank. Patrick Wallace, the primer, had an
account there in January, 1840. On the 22d of January
there was paid int) his account the cheque produced fur
1,012/., from the Multi re. Oa the sth of February tl.e
cheque produced from the Alliance for 715/ was also
paid into his account. They would make 1,727/. His
account was credited with interest, so as to make it up
1 731/. 6'. 81." Oa the sth of February 5/. was paid
back, and on the 8.6 of February 250/. was drawn out.
The wit.ess then proceeded to derail the state of Patrick
WAlace's banking account up to the 26th of March, 1840,
whet the balance 1,430/. was drawn out. It appeared that
on the Rth February a 200/. Ba cf England note had
been t aid by the Bank in t.a.-t payment of the 250/ , and
111;4 the balance, 26th Marc'-, had been paid in one 1,000/.
note, two 2001. notes, and a 30/. note.
Cross-examined—Patrick Wall:ce hal Leers a deposi.or
in the Bank about a year Lefore.
Jilin Saunders—l am in the London Joint-stock Bank.
In January, 1840, Midi tel Wallace had a deposit account
thar.. This witness proved that on the Bth February,
the day the account was opened, the 2001. note which had
been psid by the London and Westminster Bank to Pa•
trick Wallace was deposited in the London Bank by Mi-
ch el Wallace.
Iha Kempstcr, a clerk in the Bank of England, pro-
duced the tote for 1,000/., the two for 200/., and the 30/.
note, which had been paid by the London and Westminster
Bank to Patrick Wallace. They had been brought it.ts
the Bank on 26th March, 1840, in the name of Wallace,
and had been exchanged for saver( igns. Tne examina-
ion of this witness being concluded,
The Court adjourred fur refreshment at twenty minutes
to th ee o'clock.
On the re-assembling of the Court at three o'clock, the
prosecutor called—
. Mr. W Iliam Herbert Mullins—l am a stock-broker.
I know the prisoner. On the 27th of March, 1840, I
pu. chased 1,1001 of Steck for him—he paid for it all in
sovereigns. It was trantlerrei to the name of Catherine
Wallace.

Mr. Cotton recalled—Stated that in February, 1840.
Michael Wallace had also ao account with the London and
Westminster Bank. The cheque produced I,r 500!.
(the Neptune cheque) was paid into the credit of
his tccount on the Ist of February, 1840. Ile
had at that day standing to his credit before, LOGS!.
The wits ea then tzplained the state of .Michael
Wallace's banking account, from whi h it- appeared
that t e had to his credit in that bank in Feb. 1840, the
sum of 3 5431. 18•. 6d., .and a balance of 3,4551. we:s
drawn out on the 71h Feb., the day after t►he last of the
large sums bad been paid in.
Mr. John Bryant Priestman, clerk in the Bank of &nit! ,
Pa) no, and Smith, proved that 7th Feb. Vlere was paid
into the Bank sum of 3,4001. in the name of M. S. S.
W.lltec. He had not kept an account there Wore:
This cloted the case for the'procceution.
Benja sin Shul z recalled by Mr. PHILLIPS—There ,
was a seamai named Fitzpatrick on board. I have Lot
see I him lately. I have not seen him in London.
Captain Ftke recalled by Mr. PHILLIPS—MaxweII
has b, en in Lot:don three or fuur times since the toss of
the Dryad.
Mr. C. PHILLIP 3 then adds eased the Court fir tie pri-
soner, t hi had against him all the power cf some of Vie
n ost wealthy Insurance cfficea in London, who hal I ft 113
stone unturned to procuri his conviction. He, however,
trust:d to tl e justice of the Jury for the acquittal to whits
hi cocteeded he was fa.ly entitled. He was accused of
cuunstlling Captain Loose in taring away the Dryad
to defraud the Insurance Compani.s ut tie insurances ef-

beted on goods th t were never put on boars'.
Nuw they must, to convict the prisoner, be convinced that
Captain Loose voluntarily and wilfully cast the ship away,
and then must see if there was bufficient evidence to con-
vince them that the goods were never on board, and then
they must he satisfied that here was evidence sufficient
to conviace them that the prisoner, Patrick Wallace, had
efYcied those iasurances, knowing that there were no goods
on beard, and that the Captain was about wilfully to cast
away the ship. They were there to-day trying the dea
who trued not cross-examine his traducers. If this prece-
dent were followed, how did they know that, after having
passed through life re,pectebly, some calumniator might not,
when they were in their graves, trump up a story to stamp
their corpse with the brand of fsleny ? Was it prObetee
that Loose would endanger his own life by casting the
Pt.rleodereiTin.waohdlife.t
amongthe pr prisoner had t
o bbr
bring
airy'a
the 9 crimeakea of thereAlthough
which wasbneottwhiris'pg:'accused home to him. Now
a.thougn it hid been represented that the long boat had
been fitted with tackle;
Witnesseso) fault rhea i'ndaya dtt
c,ase!t
.tt
efe
oidnar
att
ieeartnth:
eearmn
adi oftnytdhet h theil
jnogldibyaonb,gtoeavr:
atistnat:...l
her,
e
hat
when the Captain saw the vessel running on, the reef he
went down and went to bed. Was it probable, if he thouget
there was danger, that he would have gone to bed ?
He was represented as on one occasion Perfectly reeklese,
and on another as so carefi 1 of himself, as to put on a Life.
preserver. The crew were manifestly discorreeted, aed
had on one occasion threatened ter cut it in Fir ttes if he
put it on. And teese were the inconsistencies on wbiell
they acre called on to convict the prisoners. Could they
believe that Maxwell, who was so drunk ashore, was so
sober at se, The geetlman meant to say he was c.trtain
of a thing when he doubted it. He could fancy
what would have been the glance of the Attorney-
Geherel, had that witness crone from arotber country.
—( A laugh.) But now the Jury wculd know ti at wher -
ever a Scotchman said that he doubted a tiring, he
meant he was certain of it. That man came to the Court
last Light in a state of ietexieatioto howling in lit horrid
dialect—(A laugh)—in such a manner that he was °blips'
to he taken off a d put into the stitioe-heuse to get soler ;
and when there he saw men is blue cost; an troesere,
perhaes a novelty to him—(A lauelr)—with v h e
numbers on their collies, and yet, did not know tee •
were policeniee. It was evident wlea Loose trek
the helm from Shultz that it ;yes only done in
anger, for he gives it up a moment after and goes b. lew.
Again at Cape Hayti was it Ik, ly he would wreck I is
vessel in the face ci the town of Hayti. And after a lap e
of five hours it came out that they bad made a progress tc-
sr a tithe reef of just one mile. The pilot would not take
charge of the ship unless the crew woad promise to obey
his orders. Wily was thet ? Because the ship was in 1
such dangerous state, and he sought that port in accord-
ance with the recommendation of Maxwell and Shultz.
What could the Captain have done that I e had re.t done ?
It was attempted to be insinuated by Shultz that the vessel
was ill found. Did he know that NI-. Kelly had sworn that
he had exami..ed the Dryad, and that she was perfectly see-
worthy before he would trust his master's prove:ty on
board? Did he know that M-. Howden had given e,
deme that she was in a perfectly sea-worthy state, and h id
eLvi.e:xymithii,ririgugshine
into such haveto
testimony lal
beee.e Shultz? It would he colitemptiele to waste time
cati board. Could they
on
Shultz's, if the safety
of a human creature had not depended ssupon it. It was
strange that it should appear from the extract from the leg
book in the prot,,st that there was a signal for a pil r.
flying when off Port Hayti, and that he should have askel
when be was interrupted bythe Attorney-General whether
Maxwell bad ever said so before the Magistra:e
Was it not extraordinary that if he intended to destroy the
shie, he should not have been glad to
have Received the
offer of the hostile witness Schultz at Hayti to leave the
ship? Would men Cm thought thei' lives were in danger
air down quietly when the ship struck, as represented by
Shultz? How was it that Maxwell, who had been in
London five or six times, had not uttered one word about
all this until now ; and why had be come forward at lest ?
His Learned Friend had taken special care not to ask him
that. Why did he not ask the Captain o Ite Port of
Hayti to prevent the Dread putting to sea ? I
the prosecutors thought 51-axweel a trustworthy per-
son, why dil they require bail fee his appearance ? I
Arid it was on tie testimony rf such a man as that thst
eas sought to brand with infamy and guilt a man who,
of the prosecutors, had borne a
accordieg t • the testimony
high cheaeter up to the present hour, And they thought
to corroborate that evident e by the testimony of Mr.
Shultz, who, according to his own testimony, had sworn
to a falsehood for 41. How much had he got for the oath
he had taken that day? Which of Iris oaths were
true ? He bad admitted that be bad sworn falsely
for money ; and then, thank God, not with English,
but wi h foreign audacity, he asked a Jury of
Englishmen to convict a brother Englishman on
his unsupported testimony. He perjured himself, for-
sooth, because he was starving for food end money. He i
get neither, and yet this starring lean lived on. There
to the truth uf his statement.
were attached to the protest the oaths of five other men,
bstil, the Captain,
The ATTORNEY-GENERAL objected to the Counsel for
the defence alluding to the protest further than related to

eeThultz, there was no proof that the others had signed it,
end he had put it in to give the defence the advantage of
commenting Moen it an far as regarded Shultz.
Mr PHILLIPS ea; preeceeieg t) comment upon the
t st, eeea he wan iteerrupted
Lord Chief Justice TINDAL, who told him ho must
coeflue his übserva!ions to Shultz.
PHILLIP 3 continued.—'rho Attorney- Genova!, the
counsel ler the pr secuticn had put into the box a witecis
who he knew had committed perjury. Judas betrayed his
master for money, and this fellow had sworn to false-
hood on the Gospel of that Master. Why had nothing been
said of all this at Falmouth, in Jame ce ? They aveited
until ,he captain was in his grave before th y brought for-
ward this story of his guilt.. Would net the Agent of
Lloyd's at Falmouth have taken care of them, and sent
them home to give evidence, if they had imparted such a
secret. flow was it that nothing was said even when t' ey
had been set at defiance by the captain. Had the captain
been on his trial could they have done otherwise than de-
clare him innocent. Never before had he known the ab-
sent tried where he had no means of defence.
Take the esideace of Shultz away, there was
no evidence that ti ,e captain hid cist away the ship.
Would it not have henl as well to awdit t'.e arrival of
hi:zpatrick, who was expected every day to corroborate
the evidence of Shultz, but Fezpatrick had also sign
the protest, and perhaps they were afraid it n ight luok
like een.ipiracy. Without al uding te the case a; fir a;
related to the goods being or not being or, board, he would
crime to the question—seas t Jere evidence to prove that
Pa rick W,llace was ceanselline and ig to cast away
this vessel ? Esea it they supposed that Micheal Wellac
which he by no means meant to say, was ceninectei with
Loose i i gstlt, wan there any evidence that Patrick Wall .c
cennected with them ? He never was shown to be
Loose's company. lie maintained was very possible
tee: Michael \Val:ace in Liverpool might have persuaeed
Patr'ek teat these goods were on board the Dryad, and
that in that belief he may have effected these insurances
on them. He goes, net to a stranger, but t 3
Mr. Stott, who knows t im, and effects them
in his own name. Now, if he had ben cognisant
of fraud he would have gone to some stranger, or base
effacted the iesurances ie the name of a third persoe.
And how did he act when 201. per cent, of the inse-
ranee was kept back—he thri a eta to go to law with
them for it. Wan that like a guilty man ? And what
wsa his conduct when Stott insinuated that the Dryad
might have been lost? he threatens to kick him out of
tl e room. His whose conduct was ineenetive of inno-
cence. His account to Stott that he wished the commu-
nication to the Consul at CuLa to be confident al because
the goods had been shipped without the knowledge of
Zulieta, was a most probable one. No document tendir g
to criminate him had been found among his papers. They
admitted S:o t was an innocent agent, and what was
there to prove that Patrick was not an innocent
agent? and the after knowledge of a crime wool
nut render him amenable to this indictment. Tie
guilt of the brother by no means involved tl e gui't of
Patrick. Whet was his exclamation when he aas take i?.
They have gut the innocent, and let the guilty one escape ;
my brother is the guilty man. And Stott said that he
betieved that Pat ick was the dupe of his brotLee Why
were not I is sisters and Micrharlei wife put into the witneie
box ? The prosecutors said from humanity. That hu-
manity had been outraged when they were torn
from their homes; and kept in confinement and iii sus-
}ease tee) knew how long. They had not been brought
ire ard, bee aule their cross-examination n ight have cleared
the prisoner. The evidence of' Frost, for which he was
oeligcd to t'.e prosecutors, also went to show shit
be was the dupe of his brother. He knew that every
means that money or malignity could make use of
had been usel by these Insurance-offices against
this young man, and he should call witnesses to character,
undeterred by any thi eat of cross-examina ien. He could
not close the case without thanking the Court for the
exclusion of much which ought never to hove sce
tee light, and which could only have been published for
the sake cf blackening the young man, who, up to the
present time had maintained an excellent character.
The Learned Counsel then called
Mr. Willi im Carpenter, a draper, living in Great St.
Helens, who had known the prisoner six years, arid who
gave Um a I igh character.
Cross-examined —Knew the ship Jaftr, cammended
by Michael Wallace. Did not know if Loose was mate.
Heard she was lost. Patrick Lever told him it he had
effected any insurance on her. Had heard she
was lost. Had heard Pet. ink mention the Lucy.
He never told me whether he had effected insurances on
her. Had heard of the lost of the Lucy. Never had any
conversation with Patrick about it. Nay.ur heard he had
any interest in the LUC."

Re-examined by Mr. PHILLIPS—D;3 you hear of the
loss of the Governor Fenner ?--Yc.•.

Mr. Putu.lPs—Did you hear if he had any gcodi ii-
sured on board her? Sir.—(A laugh.)
Mr. PHILLIPS —I shall call nu moo witnesiee.

Lord Chief Jusice TINDAL then summed up, and told
the Jury that they must be satisfied that Loose hal wil-
fclly cast away the ship; but there was one point which
had teen much urged by the counsel for the defence,
Iwhiel seemed to him unfounded. It did not appear
from any evidence that Loroic was dead; and the ba-
lance of testimony went, he though', to prove that he was
al v.-. But still the law allowed that accessories might
be tried, whether the principal were brought to justice or
not-. They must also be itatisfied Brat the ship .10, cast
away for the purpose of defrauding the insures or
the pact owners, and that the prisoner was aiding,
counselling, and a iv;:i.tg in fiat wicked act. With re gird
to the casting away of the ship, they would have to con.i.
der whit credit they were inclined to give to the testi
nuooy ef Shultz, and to see how far alit evidence was
corroborated by eircurns.anee . If they were sati,fied on
that Lear', they would have to consider whether
the prisoner el.fected the insurances for his brother,
knowing there were no such goods on board at the time.
Ir. was not absolutlly necessary that it should be proved
that the prisoner had derived profit from the fraud; but if
it we, e shown that he had derived profit from the transac-
tion, it would be fur them to consicer how far such a cir-
cumstance might be supposed an inducement to him to
act in such a manner. His Lord,hip observed wish te-
gard to the evidence; of Shul z, that they must look with
gre.t jealou-y at the ev;dence of a marl who admitted that
he had on a former occasion t.kea a false oath. They
could nit look for direst corroboration of his testimony,
but they were to consider how far the conduct and con-
v nations; of the prisoner, and the documentary evi-
dence, went to prove that unfair practices had been re-
sorted to by Cap'ain Loose in conjunction with the prisoner.
The prisoner contended that the articles mentioned in the
p •
liey were ec'ually put on board. Now, if they had been
actually
pr,..ved ; and it did seem almost impossible that goods if
such hulk, and which would take sevtral hours to put on
board, could have been loaded without some cffieer, or
some one its attendauce on the ship, knowing sonie!hiog
about it. With ref,,,rd to the Li lof lading, one could
Istrdly suppose that a captain, wi h au honest inlentioe,
scow(' put his name to a bill of lading for goods that were
never on hoard, as be made himself HAI, t ) an action for
their safe delivery. Neither ciuld it Le imagined how
any person could effect insurances on goods which were
aer on board a teasel with any honest irreatior. They wet e
to consider whether the prisoner was aware there were no
goods on b,,srl, cr how far he may have put confidence
in the representations of his brother, and hell ved that
the goods were actually on hoard; and they would con-
•r how far such a supposition was reconeileable with his
pr-vious conversations on the subj, et. If they ha l any
doub.s. as to the thn e points to which bu bad drawn their
i,tertion, they would acquit the prisoner. If they had
not they would find him gud,y.
The Jury retir,cl to consider of their verdict at five
minutes to Seven.

The Jury returned into Court at twenty-five minutes
after eight o'clock, with a ‘erditt of '• Gu lty."
The prisoner turnei v.ry pale, and there was a stght
agltation c f his features p reeptble when he lierrd the
,erdict. Tie Court deferred passi-g sentence, and the
prkiner was immediately removed from the bar.
On the application of Mr. BODKIN the Court fixed ale
trial of Michael Shaw Stewart Wallace f,r ten o'clock
to-m-rrow morning.
The stock purchased by theWallaees, with the money re-
ived from ti e Insurance Offices on account c f the loss
of the Dryad, was sold out on the day that Pau ick
was iii.r..hecided, and rent ti,ed to Sct. tland through
the 13iit,sli Linen Company, in whose hands it now re.
mains, the Insurance Companies having isucd a distrinyas
to pre I'A-A their disposing of it. The evidence relating
to noes and cheques was given to enable the insute's
to c ai.n this money, in the esJut of thi it succeeding in
rib aihi tg a convction of the Wallaces.
In the course of t'.e day, the Grand Jury returned a
true bill against Michael Sha v Stewart Wallace, as prin-
cip 1, and agai.ist Patrick Maxwell Stewart Wallace, for
the wilful casti,ig away of the ship Delti, with invent to
defraul the underwriters. The Delta was lost in 1837.
She was at that time commanclei by Michael Shaw
Stewart Wallace, and Loose, afterwards commander of the
Dryad, eat her mate,