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

ROLLS COURT-(THIS DAY.)

V. CHATTWAT.
The MASTER of the Rou.s gave judgment in this cas,.,
which was argued yesterday, upon a point reserved. His Lord-
ship was of opinion that the lapsed legacy of 100/. which had
been given by the testator to John Bladen, but who died in
the testator's lifetime, must be held to have fallen into the
residue, and to have passed by the gift of the residue.

GRIVVITHS V. EVANS.
This suit related to certain estates in . Wales, and the object
of the bill was to have it declared that David Evans was
trustee of the estate for the plaintiff, and to make him account.
for the rents and profits which he had received during the
time he had been in possession of the estate. The case having
been opened,
The MASTER of the ROLLS thought that some proef must
be adduced of the plaintiff being the heir-at-law, and the case
was ordered to stand over.

DAYNIS V. FLIGHT.
This bill was filed for the specific performance cf an agree-
ment f.,r the purchase of a lease, but on ti-,e ch-Lndant under-
taking to perform the contract, the plaintiff consented to have
his bill dismissed with costs.

CRIMINAL COURT.-(THIS DAY.)

(OLD COURT.)
Michael Shaw Stewart Wallace was again placed at the
bar, when

Captain John Feke was examined by the ATTORNEY-
GENERAL—He was Captain of the Bencoolen in 1e39. On
the 23d of October in that year he was off Cape Haytien, and
saw the Dryad there. There was a reef of rocks about there
which were laid down in the charts, and were well known to
mariners, yet the Dryad appeared to be running right upon
them. He waited to see whether she would change her
course, and finding she did not he fired a gun to warn her,
and sent the pilot he had on board to go and give his assistance
to the brig. Be did, but the brig did not alter her course
until he got on board. She then altered her course, and got
into harbour. lie saw Captain Loose on shore, and observed
that the Dryad had had her rulder unshipped. Some repairs
were made upon her after a survey. Saw Captain Loose pay
the m .te Maxwell's wages and discharge hint. Loose nave a
reason. Witness afterward. gave Maxwell a berth. He had
looked into the hold of the Dryad when she was undergoing
repairs ; it was about three-fourths full. Witness was of opi-
nion that any one with such a wind as prevailed when off Cape
Haytien might easily have avoided the rooks.
John Roe, of the City Old Police, deposed to his having
taken the prisoner, into custody at the Pot-houses in Lanca-
shire, and produced a bag with 6/. lOs. in it, at.d some news-
papers, which he found in the primer's room.
Margaret Robertson was servant with the prisoner and his
wile in Tredegar-square, Mile End-road.
,On the 27th Nov.,
t 839, her master mire home, and appeared railer flurried. He
sent her with a note to Mr. Howden, in West Ham. He gave
her a sovereign to ride in ao omnibus. Mr. Bowden was not
at home, but on her return she found him at the door. The
two sisters of the prisoner came to the house soon after. Her
master was then gone. She was called up stairs. She
found her mistress crying, and one of the Misses Wal-
lace paid her her wages, and discharged her. She had
had no warning. On her return from West Ham she ob-
served some remains of burnt papers in the kitchen fire-place,
which were not there when she went away, and the fire ap-
peared to have been put out by water.
Policeman, K 267, was on duty in Tredegar-square on
the 6th of December, when he saw the key-hole of No. 40 full
of grease. He put his hand upon the door and it opened.
When his sergeant came round they entered the house, and in
the dining-room found some bottles and glasses on Vie table.
The beds were all made, and the hou-e fully furnished.
They were in possession of the house till Tuesday. No one
came to claim the house during that period.
Cross-examined—Did not know that Mrs. Wallace had gone
to reside at her father's.

Mr. CLARKSON admitted the fact.
Mr. Howden had received 4001. from Frost and the pri-
soner on the 23d of November, which still remaintll un-
applied. The prisoner was aware of it. The prisoner bad
never accounted to him for any part of 500/. insurance on the
Ocean. He had never heard one word of it till he went to
the Mansion-house.

Several bills of lading were put in, drawn in the handwriting
of P. M. J. Wallace, and signed by Captain Loose, part of the
goods purporting to be the property of the prisoner—part be-
longing to P. M. J. Wallace, and part joint property.
Several bankers' clerks and stock-brokers were called, and,
as in the former case, they traced the proceeds of the various
Insurances to have been invested in stock in the name of
Charlotte Wallace, and sub. equently sold out and transmitted
to the Linen Bank of Scotland.
This closed the case for the prosecution.
Mr. JAnvis then addressed the Jury for the prisoner, whose
liberty and future prospects were now in their hands. He
thank them for the close atten, ion they had already paid to
the case, but lie must entreat them to afford hint yet a little
more of it. whsle he attempted to unravel and elucidate the
very complicated case which had been laid before them. In
approaching the facts of the case, it was wholly unnec.-ssary
for him to conjure them to dismiss from their minds every
thing which they had heard of this case out of doors. lie
concurred Zvi h his Learned Friend the Attorney-General
in his estimate of the extreme importance of the
case. There could be no question of it; it was of
vast importance in a commercial country like this ; but inas-
much as they were all deeply interested in affording the utmost
protection to the property of underwriters, all their interests
and feeling would naturally be enlisted on the side of the ac-
cusers ; by sri much must they, acting upon their oa.hs, sworn
as they were to decide the case upon the evidence laid before
them, lay aside all which must have reached them of another
case—they must decide upon the evidence in that case alone,
and take no account of any other. He was aware he was
wa•ting time by these cautionary remarks, for his client would
be quite safe in the hands of the Jury, under the direction of
the Learned Judge who presided. He would then proceed to
examine all the evidence which had been offered, and so ex-
plain it as to lead them to a right judgment upon it. There
were oily two substantial facts, which they must find in the
affirmative before they could come to a conviction. They must
find that Captain Loose wilfully cast away the vessel—and
abo that before that was done Michael Wallace procured
and incited him to commit the crime. Now the whole of the
evidence respecting the loss of the ship depended upon the
evidence of Shultz. but he would consider that at a future
time. The Learned Gentleman then went into matters of ac-
count respecting the cost and value of the ship, as detailed in
evidence, and showed that it amounted, the premiums for in-
surance having been added, to 2,950/. ; the insurances
amounted to 8,200/. He would ask, was that any ex-
treme margin for a merchant to reserve, in order
to save himself harmless in case of less? Would not his
expected profit amount to that? Was that a staten ent of
facts upon which they could find that such an overvalue had
been put upon the ship as to induce them to suppose a foregone
conclusion to lose the ship ? Why, it was a fact that the most
respectable merchants in London were in the habit of acting in
the same mrnner every day. Then, as to the insurances
up n freight, the Learned Gentleman showed its value to be
between 1,4001. and 1,5001., while the amount insured was
only 1,6001. But he would ask if his client,had determined to
lose the ship. would he have selected the most eminent and
respectable brokers to effect the insurances? Could he not in
this city have found out 'some discharged servant from some
respectable office, who would have lent himself as a miserable
tool in order to save his principal for some pittance ? He'. does
not act in this way ; but, on the contrary, he employs men
who, if the offices themselves were quiescent under any sus-
picion of fraud, who must, for the sake of their own honour
and character have instituted the most searching inquiries.
the trial was proceeding when we went to Press.

SACRED HARMONIC SOCIETY,
EXETER HALL.

Handel's Israel in Egypt, next to the Messiah, his
greatest work, was last night performed by this society to a
full audience. So attractive was it, probably in conjunction
with the influence of the season, that the number of applicants
for the gallery tickets became quite redundant, and it was
thought ilia e_-s,ry to accommodate the overflow by making a
considerable accession to the seats usually reserved on the
area of the hail Perhaps, for singular choral power and
expression, the Israel in Egypt might be considered pre-
eminent in musical composition. The choruses of the plagues
are awful and unique. They are as pictures in the poetry of
sound, at once appalling and wondrous. Once heard they
cannot be forgotten. It is but necessary to recal their opening
words—" They loathed to drink of the river"—" Thex land
brought forth frogs"—" Ile spake the word, and there
came all manner r f flies"—" lie gave them hailstones"—
" He set a thick darkness," and " He smote all the first-
born of Egypt." 'f o the deep and most appropriate character
of these outpourings of sublime song, the succeeding
and exquisitely melodious and tender, " But as for his people,
he led them forth like sheen," offe.s a contrast not to be sur-
passed in touching effect. Ihe great double chorusses through-
out this oratorio are all in the master's highest vigour of inspi-
ration. They were most ardently encored in mote than one
instance last night. The performance .of them was, upon the
whole, most commendable. The solo and duet parts, on this
occasion, were sus ained by Madame Caradori Allan (whose
non-arrival until after her appointed hour, and the conse.
quent delay in commencing the second part of the oratorio,
caused considerable disapprobation). Madame F. Lablache,
Miss Pennington, Messrs. Hobbs, Machin, and Leffler. Ma-
dame F. Lablache received a warm encore in the air• " Thou
shalt bring them in." Mr. Hobbs was also deservedly ap-
plauded for bis delicate execution of the air " The enemy
said." We should say, however, that there was a want of
energetic spirit, of true dramatic expression, in the efforts of
all these singers. They did not, they do not in general, sym-
pathise wi'h the great action in which they are supposed to
take a prominent part—they are tame and frequently vapid
after the zealous thunders of the " 500" behind them. This
is the very vice of our school. Mr. Surman, " conductor,"
should look to it.

THE WEATIIER.-1-Yesterday there was a vio-
lent hurricane from the S.W., accompanied with I eavy
tthowers of ride, which presented the arrival of several
steamers and other vessels. The Dundee rteam ship,
which Itft Dundee on Wednesday ;:fet.noon, and was ex-
pected at noon, did not make hlr appearance in the pool
up to eight o'clock last evening, and is supposed to he de-
tained below. The Royal Victoria steam-ship, from Leith,
is also delayed by the storm, and would have come up in
the ordinary course about three or four o'clock 3e-eerday
afternoon, but had not arrivel. The Ocean, from Rot-
terdam, which er, iced yesterday morning off the Custom-
House, was detoined for twenty-four hours by a thick fog,
and brought up below the Nore. The gusts of wind di
much damage to the craft on the ri,er, which for 1 everd
hours prevented the appearance of a rough see, and the
small boats could hardly live in it.
_ .

It is a curious fact, that the first historical pic-
ture ordered in England since the Reformation, by a body
of men, to advance a public object by the moral influence
of the art, should come from the Soc et; of Friends. The
commission given f,r a mcmor'al of the great meeting of
delegates for the Ah:ilition of Slavery all over the world,
held at the Fraragons"Faverr, with Mr. Clarkson in the
chair, last year, is It e picture alluded t). May such an
example he followed by other bodies who have any gre:it
principle in view, and the art of England will soon be felt
in its real power by the people as a m rkl and intellectual

engine.
LIGHTING OF THE HOUSE OF CONIMONS.-
By the intreducinn into the House of Comm°. s of the
Bude light, a ar.ving is effeetel to the country of Ur-
wards of 1,000/. her annuni. The holy of the House is
now lighted fin twelve shillings a n;gllt, and the library,
passageF, comrrit:tee-room, &c , are lighted for 1301. I:er
Se,sion.

LOAN SOCIETIES.--Yesterday Mr. Bingham,
the Sittig AlPgimrste at Worship.street, was occupied
until an unusur.lly late hour, the busit.ess consisting
chiefly of warrants and summonses, of which no less than
22 were at the instance of diffeiert loan societies.
THE GREEN PA R K.—The so-called improve-
ments in the Green Park prccee 1 rapidly, and in the
course of a month it is expected that the whole till be
planted with eveig,cens and shrubs similar to the inclosed
pleasure-garden of St. James's Park,