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

CENTRAL CRIMINAL COURT.

CASE OF THE DRYAD.
Chief Justice Tindal and Mr. Justice Bosanquet took
their seats on the Bench at Ten o'Cock, and immediately after
Michael Shaw Stewart Wallace was put to the bar, and
pleaded Not guilty to an indictment for being accessory to
the destruction of the ship Dryad, for which offence his brother
Patrick 'Wallace was convicted on Thursday.
(Continued from The Sun of yesterday.)
Mr. Kelly, clerk in the employ of Meesrs. 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 Silver 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 detailed 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 pilot, nor would he take
any notice of a gun fired from the Bencoolen to warn
him. A pilot came on board from the latter ship and took
her into the harbour. At Cape Hayti 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

;hat port.
The witness was cross-examined at considerable length by

Mr. Jervis, but nothing was elicited to weaken his evidence, or
of a different nature to that given by him on the former trial.
Benjamin Schultz, the carpenter of the Dryad, corroborated
the last witness up to the moment of his leaving the vessel. At
Hayti the crew complained and threatened to leave the vessel.
He went on to Santa Cruz, in the Island of Cuba, and on the
voyage they struck upon a reef off Cape Cruz. On the night
they struck, the Captain was on deck allnight, he had neverbeen
s ) before during the whole voyage. He told Simpson to leave the
wheel as he might get hurt ; he gave no orders to the crew to
make any effort to get her off, she continued to get
higher and higher until 11 o'clock. She struck about half-
past two in the morning. The vessel was quite sound all
the time. She made no water. Only one pump would work
from the time they left Liverpool. It was fine weather when
they struck, and from the time of leaving Santa Cruz, the
Captain had never once ordered the lead to be thrown. Had
they done so they must have found they were in danger, and
might have avoided it. The sails were set when they struck,
and they were taken down by the men of their own accord,
without any orders from the Captain. Some Spaniards came
off in a canoe, about 11 o'clock, with whom the captain went
ashore. He went ashore on the second day, when witness and
others of the crew were rowing about in the jolly-boat. On
coming to the stern of the vessel, they saw a eigar-box in ton
he
water, near the captains cabin. They fished it up, ddry ing it and opening it, they found some leaves of the log •
book. There was no water in the hold until the third day,
when the captain came on board that night and asked witness
as to the state of the pumps. Witness said the vessel was
firm. Next morning he desired him to sound again. There
was then five feet water in the hold. The captain said—" she
has got a hole in her bottom now." The hole was under the
captain's cabin. He was on board all night ; and the vessel was
left high and dry on the rock, so that she could not bump. From
what they had seen at the Silver Keys, the crew alwuys kept
their clothes ready in case of anyth;ng happening. They then
went to Falmouth in Jamaica. The witness then detailed the
manner in which the captain had obliged the crew to sign the
protest. They signed the protest upon a promise that they
would receive their wages. In place of doing so, he gave him
an order on the prisoner for 4/. 13s. 6d., which had never been
paid. Before the captain left Falmouth he saw Simpson go in
to the room where the captain was with the papers taken from
the cigar-box. When he came out he had four Jamaica 11.
notes in his hand, worth 12s. each.
Cross-examined.—lt was a dark night when they struck.
They could not see the rocks then, and they had escaped them
all through the day when they could see them. Davis, Simp-
son, and others were present when he signed the protest.
They heard the protest read over. He did not know when he
signed it that there was an agent of Lloyd's residing in Fal-
mouth. The hole made in the bottom was about two feet and
a half round. The crew heard no noise during the night.
Re-examined—When they were in Jamaica he knew nothing
of the ship being insured, nor had he ever heard of Lloyd's
agents.
It being now seven o'clock, the trial was postponed till to-
morrow (this day).
The Jury were conveyed in the care of Mr. Kemp, the
Sheriff's officer, to the Ludgate Coffee-house.

---
--------'"—=--------..---' ----•
NEW NOVEL, BY THE AUTHOR OF " TEE"
MAINE."—The forthcoming novel by this distinguished
writer is said to busy itself with scenes and events which
will excite towards it a great curiosity. We understand
that in detailing the singular and varied career of a young
political aspirant, from his first bumble private secretary
ship to his height of power and influence ; it brings the
reader acquainted with many of cabal,hitherto undivulged
secrets of poi tical intrigue and and places before
him many portraits that will be at once recognired as
e political celebrites of the last
more or less resembling the
i half century. We understand, too, that interwoven with
given at tl •
the personal and political satire for which this writer is so
. this theatre,
ce!ebrated, vrill be found a lore story fraught with the mos
absorbing interest.
daltoftlK as
es aq ;Oen was
th e house b
MASQUERADE AT DRURY-LANE. Last
The at-
e scale as tihe
night
being
also
l s second
tcbeen ell a s
from this day by the GertmaanndOthpeeraw
pt :coy
iaoruesn
ma of
sf
citul -ci e_
the et
bn boxes
m; comp
encienrgtacTinngaged
tendance was a very full one, both in the
ith great spirit and eclat.
raids at this house, went off w
whichmuses awnedr in