The Sun.
London, England, 1841-03-06 00:00:00

LAW INTELLIGENCE.

ROLLS' COURT, MARCH 5.
sPEREY JUSTICE IN CHANCERY,

THE MASTEk a the ROLLS heard causes to-d.iy, the
circumstalces of which were devoid of interest. A no-
velty, however, pretreated itself in one of them, Davi s v.
Davies, which shows that whatever the arrears may Le in
:he Court of Chancery generally, there is no very great
Err( ar of causes set down for hearing bef,ne the Master of
tl.e Roll), fur it appesrel thLt the subi.cena to hear judg-
ment in thil case wa3 only returnab'e in January last, so
that the cause was actually beard within two months of its
being set down.
[Mr. 13.-mberton, shortly after entering the Court this
morning, r.:evived by post the painful intelligence of the
Leath of his mother. The Learned Gentleman im:nedi-
ately left the Coutt, and will not, of course, attend t) bu-
siness for some days.]

CENTRAL CRIMINAL COURT,

CASE OF THE DRYAD.

Chief Justice Tim:al and Mr. Justice Bosanquet took
their seats on the Beach at Ten o'C.ock, ind immediately after
Michael Shaw Stewart Wallace was put to tho lair, and
having pleaded Not guilty to an indictment fur being acces-
sory to the destruction of the ship Dryad, fur which offence his
brother Patrick Wallace was comic' cd yes' erday, and who
case will be found fully reported in this Morning's edition of
The Say,.

The ATTORNEY-GENERAL openei the case for the prmes-
cution in pi eci-ely the same ma .ner as in the former case,
to-the report of which; the facts being the same,.we refer our
readers. • The Learned Gentleman said, in addition, he would
only say that when the Jury should find that the prisoner at the
bar was in communication with Loo_e at Bristol, that lie ef-
feeted the fraudulent assurances; and participated iu the pro-
fits derived from them, he thought there was no exercise of
Christian charity by which they could conclude that the pri-
soner was innocent t f the offence for which he stood indicted.
He would, therefore. only further state that this charge was
first made on the 27th of Novetub.r' when an attempt was
made to take the prisoner into custody at his residence in
Tredegar-square, but he was not found until the 27th of De-
cember, when he was arrested at a little village on the sea-
coast in the coon yof Lancaster. It had been said the pri-
e.mer had gone there for the benefit of sea-bathing, but it was
for th' Jury to consider how far it was probable at that season of
the year the prisoner had gone there for that purpose. Before he
sat down, be wished to say one word with respect to a tnisre-
pres.notation thut bad been made with respect to what lie (the
Attorney-General) had said respecting the Poisoners' C..amsel
Act. It was said yesierday that he had said that Act was a
curse to the country. Now, he had never said so, nor any-
th ng that-would bear that construction. The facts were, that
in a case for forging a will, which was a disputed will, an.l
which ought to have been tried by way of ejectment, his client
had been indicted for a criminal offence, in order .to
prevent him (the Attorney - General) from reply-
ing to the prosecutor's case, uFon which he bad
said that if such abuses were to be tolerated the Aet, which
was a most excellent one, would become a curse to the country.
He had assisted in-carrying that Act through Parliamt nt, and
he had never entertained any other opinion of it than that he-1
had now expressed.
Mr. JEKVIS said he would now, with their Lordships' per-
mission, take an objection he had to make with respect to the
jurisdiction of the Central Criminal Caurt in this case. • He
would merely state what had fa 1 n from the Court on a
previous occasion with respect to the proper time .to
take the objection, that in the King and Easterby, re-
ported in Russell's Crown cases, the objection was taken
by Mr. Erskine, when the facts were before the Court. * In
that case the offence was a principal offence. 3iy the Ist Vic.,
c. 89, an accessory was made guilty of felony, and subjected to
the same punishment as the principal offender; and by the
14th section, offences within the jurisdiction of the qcurt of
Admiralty might be tried in'the same way as they were before
the pa-sing of the Act, that was without reference to the Cen-
tral Crithinal 'Comet Act by commission, and it went on io
state that the offences' of being accessory, procuring, or con-
niving at sueh)offences,• might be inquired • of, tried, and pa-
nished by aerzCourt that" should have jurisdiction' try
the principal felon. The jurisdiction, therefore, conferred on
the Court fir the trial of an accessory was a jurisdiction at-
tached to the person of the principal felon, and not to the ac-
cessory. The Act said that any Court that should have juris-
diction to try the principal felon, might try an accessory in
the same manner as if the offence of the principal felon had
been committed at the same place. In that section the words
were important, as thawing a distinction between the principal
felon and the person on his trial By the Central Criminal
Court Act, 4 and 5 Wil. 4, c. 36, s. 22, it was enacted that it
should be lawful for the Judges and Justices of Oyer and Ter-
miner, and for the Commissioners under the Act " to inquire
into, hear, and determine any offence committed, or alleged
to hare been committed, upon the high seas," and it went on
further to say " and to deliver the gaol of Nesvgate of any
person &taxied therein for any offence committed. or alleged
to have been committed, on the high seas." So that the
Court had the power to try any offence committed on
the high seas when the offender was in custody.
But Loose was not in custody, and the jurisdiction of the '
Court over the person of the offender depended neon the cus-
tody of the party. In the- King v. Easterby, it was decided
that the mere fact of a party being an accessory on land to an
offense committed .at sea would not make him liable to the
jurisdiction of the Admiralty, and therefore the 14th section
of the statute by which the offence was constituted could not
give that Court jurisdiction to try the offence as an Admiralty
offence. There was another point. It might be said an ac-
cessory might be tried in the county in which the acees-
sorial act took place ; but he (Mr. Jervis) took it from his
Learned Friend's statement that Michael Wallace was at
Lieerpool at the time of the sailing of the vessel , he appre-
hended, therefore, that on this point also the Court, as at pre-
sent
constituted, had no jurisdiction to try this case. He would
merely mention one other point, namely, the doubtful construe-
tion of the Act as to the distinction of the ship being the pro-
perty of the party charged. Their Lordships knew that by
the Act repealed by this Act, in the case of wilfully setting
fire to a dwelling-house, it was not an offence, provided the
house was the property of the party who set fire to it; but, by
the 3d section of this Act, it was m sde felony whether the
house was in the possession of the party or not; but with re-
ference to ships it said nothing of the kind. Ile therefore sub-
mitted these objections for the consideration of the Court.

Chief Justice TINDAL said the Court would take the ob-
jections into consideration if the result of the !nil should rev -
der it necessary.
Mr. Herring, sbip-broker, No. 12, Bishopsgate-street,
W►thin, produced the charter-party for the ship Dryad, signed
by Michael Wallace, on behalf of the owners of the ve,sel.
Witness was an attesting witness, and saw the document signed
by Messrs. Zulieta and Michael Wa'lace.

:Mr. Howden deposed to the sape effect as on Wednesday,
as to his part ownership in the brig Dryad. with Michael Wal-
lace. An insurance for 2,0001. was effected on the ship, and
Michael Wallace had a copy of the policy. In January, 1840,
the amount of that assurance was paid to him, of which Mi-
chael Wallace received his share. He also effected a policy
of 3001. at Lloyd's, on the freight, by desire of Michael
Wallace. A total loss was claimed on both policies, and three
fourths of the amount was paid by Michael Wallace.
Mr. Shepherd, of the Alliance Aseirance-office, Mr.
Quickly, the insurance broker, who effected the insurance on
the fre ght at Lloyd's, and Mr. Stott, the ship-broker, who ef-
fect d the insurance in the Maritime-office, for Michael Wal-
lace, were severally examined and deposed to the same effect as
in the former case, to the report of which we refer our readers,
no new facts having been eheiteil.
Mr. Stott cross-examined by Mr. JfiliVlS.—l became ac.
quainted with the prisoner when I lived at Messrs. Selden and
Johnson's. I lived with them for twelve years. They are
well known, and carry on a respectable business. Ido not
know that I have any business to tell )(in why I left them. I
dec'ine answering that question. I do not like to
answer it nor do I intend to do so. I left there
in July or August 1837. Alter I had lea them I lived
with my father. After that year was expired I was employed
in the Metropolitan Gas Company's offices. I was employed
there for four months. I left intending to take a situation in
an attorney's office, but he declined employing me, and be-
tween the two stools I fell to the ground. After that I did
nothing for three or four months. I then commen ed busi-
ness in Lower I hames-street as a Custom-house agent. I
lived there our or five months. I was in partnership there
with another person. I gave it up because it did not
answer, and then went into business in Teething-lane as a ship
broker and Custom-house agent. I remained there from the
time I left hames-street to the March following. I gave up
business there•because I obtained a situation with John Nichol).
and Co., with whom I remained until I was taken into custody
on this charge. I was kept in custody five weeks. I was not
examined by the solicitor before I went before the Magistrates.
I had no communication with any one but Mr. II obler, my at tor-
nay. I staled tohim what I knew. Ihe Magistrates then shifted
me from the bar to the witness-box. I paid 2001. to Patrick
Wallace as the balance of his accounts. My charges were 531.
Ha paid premium arid duty on insurance.
By Mr. CLAnKsort—ltle business in
•this ca'e . was more
than usually difficult. The greater portion of the money was
paid to me for other matters. When my place was
shifted as Mr. Jervis has sad from the bar to the witness-box,
the Magistrate expressed his regret that I should have been
placed there. I did not leave Messrs. Selden and Johnson for
any dishonest act, or any thing affecting my moral character.
It was respecting a lady.
Mr. Lendall, Mr. Secretaire, Mr. S. Marshall, Mr. Lodge,
and Mr. Bahr, gave similar evidence to that on the former
occasion, with respect to the effecting the insurances on the
Druid, and the payments thereon to the pri,oncr.
Mr. Frost, in addition to his evidence in the former case,
said he knew of the death of Loose by having received his
effects from Captain Cuddy, of the Premier. He received in
July the whole of his clothes, a bill for 4001., and cash
amounting to 971. On the 27th of July he deliveredthe papers
to Michael Wallace. He was then carrying on business at
Crosby Hall Chae-bers. He had known Patrick do business
for Michael on other occasions and for other shits; one was the
Delta, and another the Lucy.
The Court then adjourned for a short time.
On the Court reassembling,
Mr. Kelly, clerk in the employ of Ale,srs. Zulieta and Co.
proved the freighting of the vessel.
The witness was cross-examined by Mr. John Jarvis, but
nothing new was elicited.
The Clearing Clerk from the Custom-house proved that no
goods were shippedon board the Dryad except those by Zulieta
and Co.

Ronald Maxwell, the mate of the ship, repeated the evidence
given by him in the former case, and proved that there was
scarcely beef and pork enough on board for the subsistence of
the crew—that no goods were put on board after those sent
from Zulieta and Co. He also proved the attempt made by
Captain Loose to throw away the vessel on the Si!ver Keys or
Rocks, off the Virgin :Guarda, on which occasion they got off
the rock with the loss of the rudder. The course then taken
by the Captain was evidently a wrong one, and he had fre-
quently warned him of the danger, but the Captain would not
see the rocks when they were within a few lengths of them,
and when they were plainly visible. He also detai'ed the cir-
cumstances which took place off Cape Hayti. He was
running on a dangerous reef of rocks, but he refused
to make any signal for a pilnt, nor would he tarn
him. twice. of a gun fired 1 urn the Benceiolea to warn him. A yi!cit came on board from the latter sh:p and took
her into the harbour. At Cape Ha) ti witness solicited his dis-
charge and obtained it. .He told the Captain his reason for
leaving, and he heard of the loss of the Dryad before leaving
that port.
The witness was cross-examined at considerable length by
mi.. J, rvis, but nothing was elicited to weaken his evidence, cr
of a dill' rent nature toiiethmatumgei:etnofbhyilsiilinem(inngthtehfeo trial.
Benjamin Schultz, the carpenter of the Dryad, corroborated
intopltained and threatened to leave the vessel.
t'le last witness p
vessel. At
Santa Cruz, in the Island of Cuba, and on the
upon a reef off Cape Cruz. On the ' n•glit
voyage they struck n
was on deck all night, he had neverbeen
k the Captai
they strue ,
' whole voyage. -He told Simpson to leave the
s i before durirgtne
fie gave noorders to the crew to
liii_eayv,t,ient hteoncretvov
scuoul
get her off, she continued to get
make any effort-
toitif 11 o'clock. She struck about half-
higher and higher until 11
The vessel was quite sound all
in the morning.
Only one Pump wouti work
past two
o water.
the time. the made n _
_verpoo_.
aheel as he might
get
It was fine weather when
from the time thoy left Li
t. eof leaving Santa Cruz, the
fro u..the time they struck, and ,
get hurt;
they were in danger, and
they done so they must lelead to be thrown. Had
has found Captain had never once orderoeudn the