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

LAW INTELLIGENCE.

COURT OF COMMON PLEAS, JAN. 22.
(Before Mr. Justice COLTMAN and a Middlesex Common
Jury.)
HALL V. BALL.

This was an action of trover brought by a landlord to
compel the defendant to deliver up to him the lease of
premises in Chelsea, which hai been deposited with the
latter by way of security for a loan of 51. made to the
lessee, who has been since ejected from the premises for
non-payment of rent. The evidence for the plaintiff
proved that the loan was in the hands of Ball, and that the
landlord was now in possession, having ejected the lessee.
Mr. Sergeant ACHERLEY, for the defendant, stated that
this was obviously an action brought for costs. The
parchment sought to be recovered was not worth one
farthing to the plaintiff, as his Learned Friend ( Sergeant
Bompas) had declared. But to the defendant it was of
value, as the only security he possessed for the money
which he had lost. The lessee, Spratley, was dead, and
his widow, being unable to pay the rent, the plaintiff twice
distrained upon her goods, and ultimately the plaintiff
brought an action of ejectment, in which the widow
suffered judgment by default. Thus the question of for.
feiture of the lease had never been tried, and his Lordship
had never decided that it was ono of question for this Jury
whether the lease had ever been forfeited. The widow
was ejected, and the plaintiff, having re-entered upon the
premises on a Thursday, wrote on Friday to Ball demand-
ing the lease, which the latter refused, as he was justi-
fied in refusing, to surrender. On Saturday he received
a lawyer's letter, and en Monday was served with a
writ. The defendant was a publican, somewhat advanced
in years, and was at that time recovering from a nervous
fever ; so that, although he had at first stood upon his legal
tight, yet when ho saw what quick work, the lawyer
was making, he became alarmed, and offered to give up
the lease and pay the costs so far. This offer was rejected
by the plaintiff's attorney unless defendant would pay
31. ss. for damages alleged upon his delay I After some
hesitation, he at length offered to pay this sum also, to
have done with the law ; but he was told it was too late—
the matter must be settled before a Judge. The Learned
Sergeant put it to the Jury to say whether this conduct
did not show that costs were the sole object?
His LORDSIIP, in summing up, snid that the plaintiff was
entitled to a verdict, and the Jury should find in such an
amount as would secure the surrender of the deed. The
damages would in effect bo only nominal, as, if paid, they
must be returned to the defendant on his giving up the
lease.—Damages, 251.

POLICE INTELLIGENCE
MANSION-HO USE.
THE Loss or THE DRYAD.—In pursuance of the
direction of Mr. Justice Williams, the case of Michael
Shaw Stewart Wallace and Patrick Maxwell Stewart
Wallace was recommenced at the Mansion-house, on
Thursday. Sir Peter Laurie was occupied during that '
day and yesterday in hearing the evidence, which will
not be concluded in all probability till Tuesday or Wed-
nesday. The interest excited by the statements already
before the public has been much increased by the legal
objection thrown in the way of the prosecution.
Mr. Clarkson, Mr. Bodkin, and Mr. Laurie, attended
as counsel for the insurance Companies, and Mr. Chas.
Phillips appeared for the prisoners, for whom Mr.
Humphreys acted as solicitor. Mr. Phillips and Mr.
Farquhar were solicitors to the prosecutors.
We give such parts of the evidence against the priso-
ners as have not hitherto appeared, in the order in
which it was taken down.
Mr. Richard James Shepard, clerk to the Alliance
Insurance Company, produced a policy of insurance oa
the Dryad for 7151., from Liverpool to Santa Cruz on
the goods and merchandize on board the Dryad. The
insurance was affected by Mr. James Stott, on the 22d
of August, 18;19, in the name of Michael S. S. Wallace,
and a claim was made in the office before or in Febru-
ary, by Mr. Stott, on the ground that the vessel was
lost, and he produced the Captain's protest. The Com-
/Any agreed to settle as for a total loss,en his giving an in-
demnity in the event of their being any salvage, and wit-
ness handed Mr. Stott a check for 7151.
Mr. It. J. Lodge, secretary to the Marine Insurance
Company, produced a policy of insurance for 2,00)1.
on the Dryad on the same voyage, effected by a clerk
to Messrs. Howden and Ainsley. In January applica-
tion was made as for a total loss, and the loss was
adjusted.
Mr. Michael Wells produced a policy effected on the
Dryad and outfit, at the office of the Neptune Insur-
ance Company, by Messrs. Selden and Johnson. Ho
produced another policy on the chartered freight ; and
a third policy, effected by Messrs. Landed and Hail,
for 6871. on goods stated to be on board the same
vessel. He also produced a bill of lading, containing
an account of goods stated to have been shipped on
board the Dryad by Messrs. W. and P. Wallace. A
claim was afterwards made ;is for, a total loss on the
whole of the policies, and after some discussion was
settled as for a total loss.
Mr. Peter Kelly, whose statement in a former exa-
mination seas a mere sketch, deposed as follows
July, 1839, I was managing clerk in the firm of Za-
lueta and Co., merchants at Liverpool. 'They were
charterers of the Dryad, from Liverpool to Santa
Cruz, and Cuba, through their house in Landon, and
were entitled to the whole of the freight of that vessel
on the voyage according to that charter-party. It was
advertised that no goods could be received on board the
Dryad for that voyage without an order from the con-
signees. I superintended the lading of the Dryad for
that voyage, and in so doing was on board of her
almost every day till she cleared at the Custom
House. On a former occasion I produced at this place
a copy of the Custom's outvoice, containing an account
of the goods shipped on board the Dryad for that
voyage. It was an official copy from the Custom
House. It does not contain an account cf all the
goods shipped under my superintendence. There are
fifteen kegs of paint not there. The outvoice contains
an account of all the goods entered at the Custom
House. It was my duty either to enter, myself, or to
cause to be entered at the Custom House, all the
goods shipped under my superintendence. There were
fifteen kegs of paint, and some hardware, which, not
being ready at the time of clearing, were shipped on
board afterwards, at the time Maxwell, the mate, joined
her. 1 continued to go on board the vessel down to
the time at which the mate joined her. I have seen
before one Michael Wallace, and have known him as
the owner of the Dryad. I handed Michael Wallace
a check for 2001. on account of the freight, from Zulucta
and Co. I took a receipt for it on the original charter-
party. Michael was present at the lading of the vessel,
but I never saw him on board. I have seen him at the
counting-house, and with Captain Looze, who was at
that time the master of the vessel. I paid the °OOl.
only a few days before the vessel sailed. There were
no other goods shipped on board the Dryad to my
knowledge but those contained in the bill of lading.
When I last saw the vessel she appeared to me to be
about two-thirds full. There was no broker employed
to despatch the vessel. I did it myself, at Michael
Wallace's request. No broker was required. It saved
expense. I attend here to-day in pursuance of a sum-
mons frpm a Magistrate. Before receiving the summons
I refused to attend, until I had come to a distinct un-
derstanding about the remuneration to be paid for my
reasonable expenses, and for my loss of time. The
travelling expenses and everything incurred at my hotel
have been paid for me every time I have come. lam
not a shilling out of pocket.
Mr. Alexander Bowden, ship and insurance broker,
stated that he recollected having sold three-fourths of
the Dryad by Thomas Gillespie to Michael Wallace for
1,6001. She was 204 tons. Witness effected a policy
insurance for Michael Wallace for 2,000/. in the
Marine Insurance Office on the ship, and for 3001. on
the chartered freight at Lloyd's. Witness and Mr.
Henley bad one quarter of the ship, and received as for
a total loss from the Company.
The proceedings were then adjourned.
FRIDAY.—The examination was resumed this day.
Mr. Humphreys stated that his client, Patrick Max-
well Stuart Wallace had recived a summons from the
Court of Bankruptcy to attend on that day before the
Commissioners to surrender to the Court. If the pri-
soner were not allowed to surrender, a sentence of out-
lawry would be the ;consequence.
Sir PETER LAURIE, after some conversation with
the Counsel for the prosecution, sent for one of the offi-
cers of the Court in order to be assured of the necessity
which existed for the surrender of the bankrupt under
the circumstances in which he was
placed as a prisoner
under a serious charge.
The officer stated that if the bankrupt did not appear
nothing could prevent his outlawry. Even if affidavits
were made that a bankrupt was on his death-bed, they
would be of no avail. That was a part of the law which
asked loudly for amendment.
Sir PETER LAURIE consented, upon the understand-
ing that it was at the request of the solicitor for the pby
ri-
soner, to allow the bankrupt to go, accompanied
Roe, the officer of the Court, to the Court of Bank.
ruptcy, for the purpose of surrendering. In a short
resumed.
time the prisoner returned, and the examination was
Richard Maxwell, the mate of the Dryad, made at
considerably greater length the statement about the
conduct of Captain Looze,
on a former examination.. After having mentioned all
the suspicious circumstances of the conduct of Captain
Looze, from which the
crew apprehended that it was
the Captain's intention to destroy the ship, the witness
f
which appeared in substance
stated. that when they were near Annaguarda, one
the West India islands, he, without consulting the
i
Captain, ordered the man at the helm to put the helm
down, as the only course by which she could by positbie-
lity avoid the breakers. The Captain then put
helm up, the way to drive her upon the breakers,dd
tell-
ing the witness at the same time " to mind his o
Thomas Hunter, one of the men on board, then said
„tif
business, and to take the studding sails inwnfir.o"
the Captain after the wheel was turned downiestbaten,sbi
you put the wheel up again, we willput
round again." The ship did clear tho breakersby
what the crew did, but she had not a minute to spare.
iiL
P
If she had missed stays, she must have gone on
the
breakers. As they were working the ship round,
Captain, instead of thanking the witness andl .7:.11,
for their exertions in saving the vessel
,frs
;lireatened " to arrest witness for mutiny. u -
tain some time afterwards said that he did not perceive