The Sun.
London, England, 1841-01-25 00:00:00

WALSALL ELECTION.

(From Tait's Magazine for February.)
Limited as is our space, we cannot allow the occa-
sion to elapse, without one word expressive of hearty
satisfaction at the decided movement of the Anti-Corn-
law League. From the attitude the League has as-
sumed, whatever may be the immediate result of the
election—and we anticipate triumph—the most bene-
ficial consequences must arise. The Chartists and
working classes will now be convinced that the mem-
bers of the League arc in earnest in the pursuit of
that great object which has been misrepresented as a
trick of the middle classes to divert the peop!e from
those fundamental reforms more necessary to their well-
being ; and those of the Ministry, v;ho are capable of
serious reflection, must now believe that something
more is required to satisfy the abolitionists than
the hocus-pocus of Open Questions. A proof like this
was wanted to carry conviction both to that insensible
Government, who dispatched the unlucky young gentle-
man, at such a crisis, to such a constituency, and to
those misled persons (on this point grossly misled), who
imagine that they have an interest opposed to that of
the Corn-law abolitionists. In the present critically-
balanced state of factions and votes in Parliament, the
Ministerial points are, of course, furious at any step
which may endanger the places of their patrons ;
securi:y in office, keeping" in the Whigs," being the
Alpha and Omega of their desire for the general
weal. The real Reformers, also, would, in this parti-
cular instance, be doubly grieved and disappointed if
the Tory candidate was returned ; yet even that cala-
mity was tolerable, under the conviction of the advantages
that must result from the step advisedly taken at W alsall,
and which will be repeated as often as a similar crisis
arises. Did the Whigs, when they sent down that
raw young gentleman, believe that the Anti-Corn-law
Association was not sincere in the declarations put
forth, that,'with them, the repeal of the bread-tax was
to be the testing question of every candidate ? In
these circumstances, the appearance of Mr. Lyttelton
at Walsall looked like premeditated defiance and in
stilt. It was Lord Melbourne's speeches against repeal
put into action ; and upon every ground of principle,
expediency, and consistency, challenged opposition the
most decided, let the consequences be what they
might. The lesson which this energetic line of con-
duct has taught, will make the Whigs more cautious
how they put forth a candidate—forwarded per order—
whose only claim is aristocratic connection and Trea-
sury influence. It is of those who sent him that
Mr. Lyttelton has to complain, and not of the deputa-
tion of the League, who only performed a duty to
whl.ch the League was deliberately pledged, as the Go-
vernment well knew. But both the Ministry and their
tools have been so long accustomed to see every na-
tional object give way to " keeping in the Whigs," that
they have come to believe that the same game was to
be played for ever, in despite of every assurance put
forth to the contrary. The Liberal party, and even
many Members of the League, have, like the Dissen-
ters, given them but too much cause for this false
security. This is at an end, so far, at least, as regards
Cheap Bread and Free Trade ; and this is no mean
gain to the popular cause : while the utmost that is
hazarded is one vote, which may be subtracted from
the small Ministerial majority.

FISHERROW, JAN. 18.—A melancholy acci-
dent occurred here on Saturday last. A yawl, 0,,,,,,d,
by John Cunningham, an infirm old man, belonging to
this place, had left the harbour at half-past nine o'clock
this morning, with a crew consisting of himself, a man
named Ritchie, and two boys, aged fourteen and fifteen
years, for the purpose of dredging oysters. They had
gone about two miles north-west from the pier-head,
when a sudden squall from the east struck the sail, and,
the sheet being fast, the boat capsized. Cunningham,
who is an excellent swimmer, assisted by an oar, kept him-
self afloat, and was picked up about 15 mine.tes after the
accident; but, we regret to say, the other man and
the two buys were drowned. Yesterday (Sunday,) the
greater nurnbar of the boats and crews belonging to
the place, in a most praiseworthy manner, turned out, and
w _a
were all day engaged under the able superintendence of
M . John Gibson, fish-curer (and who supplied refresh-
ments), in dragging for the bodies, alid were successful in
Ending them all, together with tte boat, near the place
where the accident happened, To-day the whole fisher-
men bare remained
have just followed ti.„, home to attend the obsequies, and
bodies. in procession to their last
resting-place in blver'esek
to the suurrsc'h-yard. The kindness and
sympathy displayed
bayn.dthreelativcso
ceased, in the present inststiaCireviohr seafaringf tphaer td ce
i
cur population, is deserving e leebstl praise,aat al,d and
honest is
altogether worthy of their proverbiallyell
vbwcier.—Edinburgh Paper.
HE MANCHESTER CHARTER OF INF' CwOllllPO-
MATioN.—At a meeting cf the Judges in the
y: Exchequer
'
'Chamber on Tuesday last, the day for taking
error in the Court of Exchequer was fixed for Mronsd aoyf
the 22,1 of February ; when, of course, something will be.
said about ihe cause of Rutter v. Chapman, and most
probably judgment will be given. As many parties have
supposed that this arrangement amounts to a postpone-
ment of the judgment, we think it right to state, that we
believe such is not the fact. It is customary to allot the
first Monday after term to writs of error in the Queen's
Bench, the second Monday to writs of error in
the Common Pleas, and the third Monday to writs in the
Exchequer; and this allotteent has been adhered to on
thepresent oecasion.
DEATH OF THE DICTATOR FRANCIA.—We
eve been favoured with the following extract of a letter
received by a commercial house in Glasgow, dated Monte
it:ws,, so, November last, announcing the death of the
r .arkable man :-.-.“ We think we can advise with
,-...• :„,., t • a
_:leath, on the 20th September last, of the
~ , 0,, ~...4 araguay. That extraordinary man bas been
t_ ~
._ tyi, .. tcd to have died, that we took
t
newspapers the other day reporting
, ~,:,,.:- le
of the no notice of
c e..., • ee..ee...- . re ~---
"-AA- isiiitieteatffi-bUt were yesterday informed, theougi,r a-
. afectne liere thick worthy of •
re_ --iti, .
.. credit, eve6roan- chat!
g his death
- as before tnentioned.'—Glaegoto Chronicle.
—NI :i

LAW INTELLIGENCE.

INSOLVENT DEBTORS' COURT, JAY. 25.
IN RE SIR THOMAS SWYMMER MOSTYN CHAMPNEYS,

BART.

This case was before Mr. Commissioner Law the
whole day (Saturday), and some extraordinary dis-
closures have been made in the proof debts, for some
days past, of the manner in which money bad been
raised on " bill transactions." There is a large sum-
upwards of 20,0001.—available for the creditors under
the insolvency of the year 1835, when the deceased
Baronet was discharged at Winchester ; and the pre-
sent proceeding has been adopted preparatory to the
declaration of a dividend, which, in some measure, will
depend on the debts proved or allowed. The question
of " usury" has been raised in a number of instances,
and strict proof is required of the alleged debts, many
of which were entered by the deceased Baronet as
" disputed," and the consideration has been questioned,
on the part of the assignees, by their solicitors, Messrs.
Lawrence and Blenkarne, of Bucklersbury.
A curious instance occurred to-day before Mr.
Commissioner Law. A wine-merchant sought to prove
Is a creditor for 5001 on a bill of exchange accepted
by Sir Thomas Champneys for that amount, for
which, it was alleged, wine had in pipes been sup-
plied to his agent, a gentleman who drew the bill.
It appeared that the wino was sold by the wine.
merchant to the [Agent at 451. 103. a pipe, and the
agent, requiring money for Sir Thomas, sold the wine
immediately afterwards to a highly-respectable house in
the trade for 301. a pipe, thereby sustaining a loss on
each pipe of 151. 10:,.! !! The amount obtained for the
5001. bill was only about 330/. ; and it was stated that,
in innumerable instances, the system had been pursued
for the purpose of raising money. The wine-merchant
declared that he was selling wine at the same price. A
warrant of attorney bad been taken for the money, and
thereon judgment was entered up before the bill, at three
months, became due. It was contended for the assignee
that the Court could not allow such a claim, as it was
clearly an usurious transaction.
Mr. Commissioner Law said usury had been shown,
and on the present evidence he should disallow the
claim. Here was an instance of wine being sold at 151.
a pipe under what it was charged. It was an usurious
transaction, and he should disallow the claim. The wine
merchant might produce any other evidence if he
thought proper, but, as the case now appeared, he
should disallow the claim.—The claim was rejected.

POLICE INTELLIGENCE.

MANSION-HOUSE.

THE SHIP DRYAD.—On Satnrday Michael Shaw
Stewart IVallace, and Patrick Maxwell Stewart Wal-
lace, brothers, were brought up agaia for examination
before Sir Peter Laurie. The interest was greatly in-
creased, and the evidence, most of which was entirely
new, put it beyond all doubt that the ship was lust for
the purpose of plundering the insurance companies. The
statements of Mr. Stott, who, it will be recollected, was
charged with being an accomplice at the commencement
of the proceedings, and before the solicitors for the pro-
secution had had time to make the necessary inquiries,
will be read with deep interest.
Mr. Clarkson, Mr. Bodkin, and Mr. Laurie attended
as counsel for the prosecutors, to which Mr. Phillips and
Mr. Farquhar acted as solicitors ; and Mr. C. Phillips
attended as counsel for the prisoners, to whom Mr.
Humphries was solicitor. Mr. Hobler, jun., attended
to make an application on the part of Mr. Stott.
The examination lasted for five hours.

Captain Tait, of the Banco°len, stated that as he
was making for Cape Haytien, in St. Domingo, he ob-
served the Dryad steering on for the reef. He fired a
signal gun which was not returned, and he sent a pilot
on board who brought the vessel into port. Tho wit-
ness then gave the account alreaiy published of the con•
duct of Captain Looze, of the Dryad, on shore, which
clearly proved that Captain Looze was sorry that the
ship got off'. Witness shipped the mate, in consequence
of that person's statement that it was the intention of
the Captain to sink the ship ; indeed, the observations
of Captain Looze were such, that no doubt was enter-
tained of his intention. The Captain of the port said
to witness, the day after the Dryad left port, that he
was sure she would not go far. Some days afterwards,
a steam-vessel came in an reported the loss of the Dryad
on a reef of rocks off Cuba.

William Norman Frost said—l am a ship-chandler at
320, Wapping. I was acquainted with Captain Edmund
Looze, and knew him as master of the. brig Dryad. I
had known him about eight or ten years. In the last
voyage of the Dryad I supplied the captain with sails,
by direction of Michael Wallace, given to me in Lon-
don. I did not see Captain Looze on the subject along
with Michael Wallace. I did not see the captain at all
in London immediately before his voyage. It is now
from 18 months to two years since I saw Captain
Looze. I have been paid for the sails which I supplied
by Michael Wallace. They were supplied for the last
voyage to Cuba, and I was paid about two or three
months afterwards at the furthest. In July Captain
Cuddy, of the Premier, barque, called upon me. He
delivered to me some papers and property, as from
Captain Looze. The property consisted of clothes,
money to the amount of about 971., and a bill of ex-
change for 400/. The clothes I still have, and the
cash I handed to Captain Looze's mother. The papers
I delivered to Patrick Wallace, to give to his brother
Michael. I was present when the bill for 4001. was
deposited in the hands of Howden and Anisley. Mi-
chael Wallace was likewise present. Not a word was
said while he was present about what the bill had
been drawn for, or whether it referred to the Dryad,
or anything of the sort. It was only stated that it
was to be kept till the parties entitled to it were found.
The bill remained with me till it was deposited with
Howden and Anisley. I kept it in my possession till I
received a notice from Michael Wallace to deliver it to
himself and Mr. Howden. I accordingly delivered it
to Mr. Howden in his presence, and with bis concur-
rence. The notice to deliver it was not in writing,
but Michael Wallace called upon me and gave it to me
verbally. He did not tell me what the bill referred to.
There was no conversation between us upon the subject.
From papers which were amongst those I received
from Captain Cuddy, and which I afterwards handed
over to Patrick Wallace to give to Michael, I was in-
duced to believe that the bill referred to was drawn
for the salvage of the cargo of the Dryad. After Pa-
trick Wallace was taken, his sisters made a communica-
tion to me, in consequence of which I went to the
Compter to see him. I think this was about a week
after he was taken. I saw Patrick Wallace on that
occasion, and he talked over the subject of this charge.
It was a friendly conversation, and I did not expect
that I should be obliged to disclose it here. I said I
was sorry to see him in the situation he was in, and he
declared to me that he was an innocent man, and that
his brother was the man they ought to have taken ;
that his brother was a big scoundrel, and had led him
into the error ; and that he knew not but what the
goods were shipped on board of the Dryad that were
supposed to be shipped. I believe that that was about
all that took place on that subject. I also said to him
that there were papers, which I delivered here, that
would I thought help him out of the difficulty, ea they
referred to some of the crew and the mate, the were
discharged at Falmouth in Jamaica. I asked him if he
e"...c.eange for 4001., and he
knew anything of the bill
'..AI the bill had been divided,
answered that he believ
'eve exactly. He mentioned the pri-
sbountehrediiied not kb.
"eel 'Wallace as one.
Jarnes Stott was next called : He said, I was clerk
taa Mr. Nicol, ship-broker, at George-yard, Lombard.
street. Before that time I had been clerk in the office
of Seldon and Johnson. I was clerk to Mr. Nicol when
I was taken into custody. I first became acquainted
with Patrick Wallace about seven years ago. in 1839,
when I commenced business upon my own account, he
called upon me and promised me a share of his business.
He gave me several orders in his way of business, as a
bottled ale merchant and importer of bristles. One
morning he said that he would give me something to do
in eiiecting insurances for his ship, the Dryad, which I
Was very anxious to be engaged in. (Here the witness
mentioned the commissions given to him by Patrick
Wallace to execute insurances for the Dryad at the
companies' offices.) From that time until the news
arrived that the veesel was lost nothing transpired, and
I continued to do business for him in his general way.
Some days after the loss appeared, he said that his bill
of lading was not stamped, and asked whether the
Company would make any objection to settling a loss.
To which I replied that I thought not, as I never
heard of such a thing. He said, " Oh, 1 know better,
and I shall get it stamped." He then begged that I
would accompany him to Somerset House to get the
bill of lading stamped. I did so, and it cost him .5/.
Two or three days afterwards he brought me the pro-
testpolicy, and requested me to go to the General
Company and obtain a settlement of the loss.
Maritime and
ytre not
sotisfied
rsepeiantgric iNklrivGallraacyeatthatltiethNslacriotimmpeanO
t
likein-
formed to see
•
Captain Looze's letter. He said he should do
no such thing. There was the protest and policy,
and what more did they want, and that he
should make them pay. After a
great deal of trouble
he brought me the Captain's letter, at the same time
saying, " That be: ter has cost me two sot creigns, for I
did not like to let my brother know that I am settling
my iiiturance ; therefore, I have been obliged to get it
from the clerk of Howden and Anisley, for if I had
asked that house for it my brother would have heard of
it. I then produced the letter at the Maritime-office,
and they consented to settle 80/.per cent., which I paid,
as soon as I got it, to Patrick Wallace. (The witness
then stated the fact of his having received from the Alli-
ance Company the sum of 715/. for Mr. Patrick Wal-
lace.) A month or six weeks afterwards I asked him if
he had heard again from the Captain. He said that
his brother had bad a letter fromthe Captain, but he
did not intend to show the Maritime Company that or
anything else. When I inquired the reason he smiled,
and said, " Oh, it is all right ; if they expect any of the
goods will be saved, they are much mistaken." I said,
,‘ Well, if you Willa your insurance settled, why don't
you give them proof. Will not the Captain's letter do

so ?" He said, " Oh, yes, there are a good many pans 1
saved, but no beef and pork," and again laughed. I
asked him what he laughed at, and he said, " Oh, it's a
clear thing ; Looze has done it well." I then left him.
Witness, after detailing several other conversations be-
tween him and Patrick Wallace, relative to the balance
at the Maritime-office, proceeded—" I said I heard of
ships being lost intentional'y, and I hoped that
was not the case of the Dryad." He then changed his
temper, and threatened to kick me out of the place, and
that if I used such languagelto others. I might be troubled
with an action for defamation of character. Next morn-
ing he called upon me, and said, " I was not to think
anything of what he had: said the day before ; it was all
a joke, and he was sorry to see that be could make me
believe anything." I did not apply again to Mr. Gray,
till after I addressed a letter to the Consul at Santa
Cruz. This is the portfolio of Patrick Wallace. This
letter was not written by me, but is, as nearly as I can
tell, a copy of what I wrote. It is not my writing.
Mr. Gray requested that I would write a letter to the
Consul to ascertain what goods were saved, and state
when the thing could be settled. I told Mr. Wallace
so, and he said it was a great nuisance, and would take
three or four months to get an answer. Ile then said,
" Take a sheet of paper and write," and I wrote at his
dictation to the Consul. He took it away. I wish to
explain why I put the postscript. He said, " Thu
communication is anonymous between ourselves." He
directed me to add the postscript. I asked why, as it
looked queer. [The postscript stated, "Of course this
communication is in confidence between us.") I was
reluctant to write it, and asked him the meaning of
it. He said that there was a part of the cargo not
filled up, and he and his brother had determined to fill
the vessel on their own account, and he did not wish
the charterers to know it.

Sir PETER LAURIE—If you had given me this an-
swer when you were in custody, I would have discharged
you without any imputation on your character.
Witness—Because my solicitor directed me.
Mr. Clarkson said it was impossible that any other
advice could have been given under the circumstances
with judgment.
Mr. Hobjer, jun., said that he had advised Mr. Stott
to be silent under the circumstances, and he referred to
the bar whether he could have acted otherwise.
All the barristers and solicitors on both sides said the
answer was perfectly judicious, and was in every respect
creditable to the gentleman who advised it.

Witness proceeded—l wished to write a letter in my
own style, and Patrick Wallace said "do as I direct
you, or let it alone." I showed the letter I received to
Patrick Wallace, and I also, at his desire, showed it to
Mr. Gray, who said that I must wait till the Captain
should arrive with the papers. Patrick Wallace said if
he expected Captain Looze, or the papers, be was
much mistaken, for neither would arrive. 1 said you
must have some good grounds for saying so. He said
Captain Looze was a big :rogue ; no doubt he picked
all he could out of the wreck, and then he had gone to
the States. This was said in a laughing way. Patrick
is a very jocular, lively tempered man. Patrick said
afterwards to me he was going to St. Petersburgh to
make some large purchases in isinglass, and to recover
a sum of money belonging to his brother, who died of
the cholera. He stated that by making the purchases
he should save the commission. He said he expected
upon his return that I should have got the insurance of
the Dryad. I said " How is is possible I can do so as
you have got the papers." He then promised to give
me the papers on the Monday morning, as he was going
away on the Wednesday. Patrick Wallace told me at one
time that Capt. Looze was dead, at another that he was
not dead. It was always in a jocular way. He also said the
Captain was in London for three weeks. I asked him why
Captain Looze did not go to the Maritime Insurance.
Patrick Wallace said that Looze was a clever fellow,
and had done the Dryad's job well, and he would give
him a vessel again. I said " Indeed, then lie must have
been well paid," and joked him how much. He said
1,0001. or 2,000/. When I was taken into custody I
saw Patrick Wallace in the room below. I asked him
what this business was about. I did not understand it.
I expressed my surprise. He said "It is a dreadful
job. You are all right. You are only agent in the
affair, and need not mind anything about it." I said,
" No more hate you ; you are not master of the ship."
He said the papers found on board the Palmyra, belong
ing to the master, were in his (Patrick's purse, and they
would prove his guilt, and he was quite sure he should
be transported. I said he must hope better for himself.
He also said, going in the coach, that his brother was
the biggest rogue. All he had done was for his brother,
who, no doubt, would fly. At the Compter our rooms
were separated, he being above and I below. I could
see the window of his room, and had several conversa-
tions with him. He asked me if I remembered going to
the Bank with him in the summer to get gold to pur-
chase sugars at the Mauritius, to the amount of 1,7001.,
and he said, when I replied yes, " Oh, well that money
never went to the Mauritius. I have got that safe
enough. They have traced the money to the changing
for gold at the Bank, and that beat them." He said if
he was transported he had that safe enc ugh. The ex-
amination of Mr. Stott ended here.

Mr. Hobler, jun., applied for the release of Mr.
Stott's securities.

Mr. Phillips—Most certainly. Mr. Stott is certainly
entitled to have his securities released.

Sir P. LAURlE—Certainly—l regret very much that
he has been inconvenienced, or that any imputation has
been cast upon him.
The further examination was adjourned.