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

CENTRAL CRIMINAL COURT.

(Before Lord Chief Justice TINDAL, 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 t ar,
charge:l with being accessories before the fact to the felonious
casting away of the ship Dr)a.:l, with intent to defraud the
underwriters.

(Continued from The Sun cf Yesterday. )
Mr. JERVIS was about to proceed, when
Lord Chief Justice TINDA L said the objection came t 7 o I le.
Mr. CLARKSON then called,
George Herring—l 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 party. I taw it executed by Zee-
heti 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 le use
not having engaged a ship. (The chartnioarty was then put
in and reed, 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 Cuba,
and that they were to have the who'e 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 Howden examined by the ATTORNEY-GENERAL—I
am in partnership with Mr. Ainslie as ship-brokers and ship-
owners. I knew the brig Dryad; we owned one-fourth of
her ; Mr. Michael Wallace owned the remaining three-fourths.
She was chartered in July, 1839, to Zulieta and Co. Mr.
Michael Wallace acted as ship's-husband. She was lying at
Liverpool. He directed 2,0001. insurances to be effected on
the ship, which was done.
Mr: C. PHILLIPS objected to this evidence.
The Loan CHIEF JUSTICE—Part of the res gestm 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. ('f he policy effected in the Marine Assur-
ance Company was then put in and read, the premium in
which was 147/., the ship being insured in 2,000/. ) There was
a total loss claimed upon that in Jan., 1810. I paid three-four hs
of what I received to Michael Wallace. I also effected a po'icy
of 300/. at Lloyd's, for the chartered freight, by desire of
Michael Wallace.—( The policy was put in and read, it was
effected at seven guinea; per cent.) A total loss was clairn-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. PHIL urs.—Alr. Wallace par_
chased the three-fourths of the ship at the rate of 1,600/.
for the whole. After that she was put into dry • dock, and
made a first-class ship. This was in October, 1537. Her
value was increased in consequence. She was coppered.
About 600/. was laid out upon her. Ido not include the stores
in that. I should value the stores of the ship at probably
150!. There was no salvage on the ship to my knowledge.
We received a bill for 4001. from a person named Frost. It
was not for salvage.
Re-examined by the AT TORNEY- GRN EK A 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 I 539, wis
2,000/. ; I believe site would have sold for that previous to
that voyage from Liverpool to Santa Cruz. We never in-
sured her under 2,0001. The first voyage she was insurel
for 2,400/., and afterwards for 2,100!. I did not knew of aiy
other policies effected on the sl.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, IS4O, and paid to Zulieta ai.d
Co. (The policy was put in and read, and was dated Sep-
tember 1839, and was for the cargo shipped on board the
Dryad from Liverpool to Santa Cruz. Zuleita. and Co. male
the declaration of the value; it was dated 17th September.
It was effected on hardware, earthenware, sugar mills, pane,
and salt, for 3,000/. It was signed by the, underwriters in my
presence. . _ _

James Shepherd-_I belong to the Alliance Marine Insurance
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 put 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, upon 40 cases
of flannels, two cases of cloth, two cases of printed cotton:,
making in all 7151. value, insured at 40s. per cent.) Mr.
Stott was the broker who effected the insurance. The bill cf
lading was brought to the office by Mr. Stott, when the claial
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 ace to Mr. Stott on that account.
James Grey—l am superintendant of the underwriting de-
partment of the General Maritime Insurance Company. I
produce a policy effected on the Dryad for 1,234/. 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 nas
on pork, butter, earthenware, cottons, and blankets, valued at
1,2641. 121. at 40s. per cent.) It was effected by Mr. James
Stott. The piper produced is signed by Stott. I paid a sum
Of SO per cent. amou iting to 1,f.)12/. on it, as a part for the total
lots in January, 1810. At that time the bill of lading now put
in was produced by Stott. The cheque produced for 1,012/.
is the one I paid Stott on that occasion. I received the paper
of the valuation of the goods from Stott at the time the in-
surance was effected. I paid the balance 2531. in Oatobsr,
and received from Stott the letter of indemnity produced. The
cheque for 2531. is the one produced.
James Stott, examined by the ATTORNEY-GENERAL —I
have been a ship broker. 1 was brought up n Selden
and Johnson. I let them in 1837, and some time ofi er
commenced business on my own account as a ship broker at
37, Seething-lane, Tower-street. I became acquainted .)hill
Patrick Wallace when I was at Selden and Johnson's. He
naa an ale and porter merchant, and an importer of bristles
and isinglass. His place of business was 18, Cooper's-row,
'Poser-hill. He had lived there in 1839; latterly he lived at
Windsor-terrace, City-road. tie employed me in my busi-
ness in passing entries for him, and gave me an order to effect
some insurances in August, 1339. It was to insure 1,264/. 123.
on goods by the Dryad with the Maritime Insurance Office.
He gave me a specification of the goods. The one produced
is in my writing, copied from his directions, he saw it. I
was to show it to the office. (The specification was put in
and read.) I signed the slips Liven by the Maritime Office,
which is now produced. (The slips were put in and re :d.) he
policy which has been put in was the one I effected. I handed
it over to Mr. P. Wallace. In February, 1840, he instructed me
to claim a loss upon the policy. lie brought me the
bill of lading, and asked if it was of any consequence, as
rod being stamped. I told him I did not think there would
be any objection. It was the first time I had seen the bill of
lading. He went and got it stamped, paying the penalty ofs/.
I claimed a total loss. Eighty per cent was paid to me by the
cheque produced. I handed it over to Patrick Wallace. They
(leaned paying more at that time. The prisoner frequently
desired me to claim the remaining 20 per cent. I did so, and they
asked fur an undertaking. I communicated it to Patrick, who
gave me the undertaking produced. It is wholly in his hand-
writing. (The undertaking was then read ; it was dated the
9th of October, and was signed " P. M. S. Wallace.") 'I hey
pail me the remaining 20 per cent., by the cheque produced.
I got it changed, and paid Patrick the balance due to hint,
deducting my commission and the amount due to me. It was
for 2831. 1 deducted 50/, and handed him the balance. Ile
expressed himself contented with the settlement of the ac-
count, as I had had an immensity of trouble. He signed the
receipt produced, which I had written. He gave me instruc-
tions not to leave the protest longer than two days. When I
went to make the claim he told me he had got it by favour, and
was nut to keep it longer than that time. The officer at first
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 is them. I told him he had better Fet it, and
he said he would endeavour to do so. l'wo days
after he brought the letter, and said it had co t
him two sovereigns. I asked him how it could do so.
He said he had given it to Howden and Ainslie's clerk, who
had given him the letter, unknown to both, in order that they
should not mention it to his brother, who he did not wish to
know that he hail effected an insurance. In April, 1839, he
o dered me to effect an insurance by the Alliance. Prisoner
said his brother wished 7151. insurance done on his goods by
the Dryad. I ascertained the premium. He gave me the
specification produced. I signed the slip produced, which
was made out by the gentleman at the insurance office. 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 nu
that. A few days after the loss was claimed for from the 'Mari-
time. He gave me the protest, the policy, and the bill of
lading. The bill of lading is nosy produced. I demanded a
total loss from the Alliance ; they paid the whole of it. '1 he
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 bills is in the hand-writing of l'a-
trick Wallace. Ido not know the writing of Loose. At the
Al iance 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 Hall for the Neptune Com-
pany. He gave me the letter produced, signed " M. S.
Wallace." It is in Patrick's hand 'writing. ( The letter
of indemnity to the Alliance was put in and read. )
'I 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 i.ro-
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 ktter. 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, fur he did not intend to show it to
them—they had the protest and the policy, and that was all
that was required by law to settle it, and if they did not settle
Ilesai d s
ai d
no
h
before the twelvemonth was up, he would make them. 1 said
saved,
or, butp ockno. bleef asked or p
whatork.
he
ee laughed
would be better to do it amicably if they could. I asked ti.e
particulars of the letter. He said there were some pass
s
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 his desire to the Consul. The one producid is
aslahuegdhivnhgen at he
.
a copy, in Patrick's writing. (It was then put in and read.
It was dated 15th of March, 1840,
signed Jamesaddressed to Job Hardy, jun., Esq., requesting him to obtain
such information as to the goods saved out, of the Dr ad
h Stott, and
as might enable him to come to a settlement respect-
ingthe communicationps
was in confidence.)about
Patrick directed the P.
the insurance, and stating that
required it. He said do
c :nfidence. I asked him why he so
as I direct you or let it alone. dine. ti e'r
the ship according the merchants not having filled up
• self had filled her up them-
charterparty, his brother and him.
charge
freight. He He said the reason was, that
did not wish them to know it or they would
_a
rswer was received stating
that he was making inquiry.. An a .
that the captain had brought the papers to
England. Patrick
e. That was said
freight. He also said he did not, wish Captain Loose to h,,ar
said neither Loose nor papers ever would arm
on my showing him the answer to the letter. I asked him his
reason for saying so. He said Loose was a great rogue, all-)
ha 1 picked up all he could from the wreck, and gone assay to
the States. He made that observation jokingly; About a
month after that I asked him if he had any further i,t
elbgence
from Capt. Loose. He said he believed he was dead. That
he had died on board the Premier coming home. I asked him
if he had received his papers. He said the captain's trunk
had been opened, and there were no papers. I af.
tens ards asked if h's friends had got any informati
as to Loose's death, when he said he believed he was not dial,
but in London, and had been three weeks. I asked why, if he
was in London, he did not go to the Maritime to get a settle-
ment, as I thought his word would be sufficient ; he replied