The Proceedings of the Old Bailey

 

836.   PATRICK MAXWELL STEWART WALLACE was indicted for that   Edmund Loose, on the 10th of November, a certain vessel called the Dryad, the property of   Alexander Howden and another, on a voyage on the high seas, within the jurisdiction of the Admiralty, and of the Central Criminal Court, feloniously, maliciously, and wilfully did cast away and destroy, with intent to prejudice the said   Alexander Howden and another, part owners of the said vessel; against the Statute, &c.; and that the said PATRICK MAXWELL STEWART WALLACE, before the felony was committed in form aforesaid, on the 1st day of August, at   London, within the jurisdiction of the said Court, feloniously and wilfully did incite, procure, aid, counsel, hire, and command the said Edmund Loose, the felony, in manner aforesaid, to do and commit; against the Statute, &c.—Other COUNTS stating his intention to be to prejudice different persons.

MR. ATTORNEY-GENERAL, with MESSRS. CLARKSON, BODKIN, and LAURIE conducted the Prosecution.

  GEORGE HERRING . I am a ship-broker, and live in Bishopsgate-street-within. I acted in that capacity to procure a charter-party fox Messrs. Zulueta and Co., and the owners of the ship Dryad—the document now produced is the charter-party—I am subscribing witness to its execution—I know the hand-writing of the firm of Zulueta and Co. of London—I saw it executed both by them and Michael Wallace—Zulueta and Co. have another house at Liverpool—there is another document attached to it, which is the charter of confirmation by the house at Liverpool—the charter-party was executed by the firm in London, subject to the house at Liverpool not having engaged a vessel; and on hearing that they had not, the charter-party was confirmed—I saw the charter-party signed by both parties.

(The charter-party was here read, dated 25th July, 1839, by which it was agreed between M. S. Wallace and the owners of the Dryad, (204 tons,) and Zulueta and Co., of London, that the said vessel should be exclusively chartered to Zulueta and Co., for the sum of 300l., to proceed from Liverpool to Santa Cruz, in Cuba, subject to the approbation of the firm of Zulueta, at Liverpool, by return of post.)

  ALEXANDER HOWDEN . I am in partnership with Mr. Ainslie as ship-brokers and owners. We had one-fourth share in the brig Dryad—Michael Wallace was owner of the other three-fourths—I was aware of her being chartered in July, 1839, to Zulueta and Co.—Michael Wallace generally acted as ship's husband—the ship was then lying at Liverpool—he directed an insurance of 2,200l. to be effected on the vessel, verbally, but we only insured for 2,000l.—he directed 300l. to be insured on the freight out and home—the document now produced is the policy for the 2000l.—Michael Wallace was aware that I had effected it—he had a copy of the policy—(This policy, which was effected in the name of Howden and Ainslie, with the Marine Insurance Company, dated the

10th of August, 1839, for the voyage to Santa Cruz, in Cuba, and back, was here read)—in the early part of January, 1840, a total loss was paid on that policy, and I paid Michael Wallace three-fourths of what I received—I also effected a policy of 300l. on the chartered freight, by direction of Michael Wallace, at Lloyd's—the policy now produced is the one—(read)—a total loss was paid on that, and I paid Michael Wallace three-fourths of that—he knew I had effected that policy, and had a copy of it.

Cross-examined by MR. PHILLIPS. Q. Michael Wallace had three-fourths of the ship? A. Yes, and our firm one-fourth—Wallace had bought three-fourths of Gillespie and ourselves, at the rate of 1,600l. for the whole, but she was afterwards repaired, put into dry dock, and made a first-class ship, under the surveillance of a Lloyd's officer, immediately after he purchased her, which, I think, was in October, 1837, she was new coppered and repaired, at the cost of about 600l., which would bring her to 2,200l.—I do not include the stores in that—the stores for the voyage would probably be worth about 150l., but I cannot tell without my book—there was no salvage on the ship to my knowledge—we received a bill from one Frost for 400l.—I cannot tell what it was for—it was not given as salvage.

MR. ATTORNEY-GENERAL. Q. Did you get the money on the 400l. bill? A. We did, and have the whole of it in our hands now—I consider the Dryad would have sold for 2000l. in August, 1839, previous to being fitted for that westerly voyage—it would have been a fair price, as far as my judgment goes—she was insured for 2,400l. on the first voyage—I believe in no case was she insured under 2,000l.—I knew of no policy being effected on the ship or freight besides the 2,000l. and 300l. at the time she sailed.

  SAMUEL BICKLEY . I am an insurance-broker. I effected the policy now produced, at Lloyd's, for Zulueta and Co., on the 7th of September, 1839—a total loss was afterwards paid on it for Zulueta and Co.—I think on the 7th of January—Zulueta and Co. made a declaration afterwards, which I witnessed.—(This was a policy on goods in the Dryad for the same voyage, with leave to declare the value hereafter—the declaration and valuation described the goods as hardware, 1000 bags of salt and other things, value, together, 3,000l., the total loss on which was settled on the 10th of January, 1840.)—The loss was paid accordingly—the policy Was signed by the underwriters, whose names are subscribed.

Cross-examined by MR. DOANE. Q. Did you see them signed? A. I did.

  RICHARD JAMES SHEPPARD . I belong to the Alliance Marine Insurance Company. I have a policy marked "A," for 715l., on goods by the Dryad, executed in the name of M. S. Wallace—it is executed by three of the directors.—(This policy was dated the 24th of August, 1839, for six cases of flannel, each containing 40 pieces; two cases of cloth, each containing 10 pieces; and two cases of printed cotton, each containing 50 pieces; value, together, 715l.)—This paper, marked "B," was exhibited at the time the policy was effected by Mr. Stott, the insurance-broker, who effected the insurance—this other paper was prepared from it—it is signed by James Stott—this bill of lading, marked "D," was brought by Mr. Stott when the loss was claimed—this paper, marked "E," is an undertaking to reimburse us in case any proceeds were found—Stott brought that when the loss was finally settled, as we required it—this cheque for 715l., marked "F," I paid Stott for the loss.

  JAMES GRAY . I am superintendent of the underwriting department of

the General Maritime Insurance Company. I produce a policy of insurance effected on the Dryad for 1,264l. 12s.—it is signed by three of the directors.—(This policy marked "G," was dated the 21st of August, 1839, and was for 39 tierces of beef, 52 barrels of pork, 38 firkins of butter, 35 crates of earthenware, 7 cases of cotton prints, 50 pieces each; 5 bales of blankets, 35 in each; value, together, 1,264l. 12s., on board the Dryad, bound for Santa Cruz.)—This was effected by James Stott—this paper, marked "H," is the paper of particulars signed by Stott at the time—I paid Stott 1,012l. in January, 1840, as 80l. per cent, on the loss; on which occasion he produced the bill of lading marked "M"—this cheque for 1,012l., marked "I," is what I paid him—the bill of lading was produced at the time the claim was made—I received from Stott, at the time the insurance was effected, this paper, marked] "K," as the valuation of the goods—in October I paid the balance, 253l., to Stott, on receiving this letter of indemnity, marked "J"—this, marked "L," is the cheque for 253l.

  JAMES STOTT . I have been a ship-broker. I was brought up with Seldon and Johnson—I left them in 1837; and some time afterwards I commenced business on my own account as ship-broker and custom-house agent, in Seething-lane, Tower-street—I first became acquainted with Patrick Wallace when I was at Seldon and Johnson's—he was an ale and porter merchant—he imported bristles and isinglass from Russia, and carried on business at No. 18, Cooper's-row, Tower-hill, and lived there—the name was on the door, and the family altogether lived there—it was his father's house, I believe—this was in 1839—he has latterly lived at Windsor-terrace—I do not know when he went there—he employed me in passing entries for him—he gave me an order to effect some insurances for him in 1839—in August, I think—he ordered" me to do 1,264l. 12s. at the General Maritime Insurance office, on goods, by the Dryad—he gave me an account of the goods—he gave me a paper containing a specification—this paper is my writing, copied from the one he brought me, and which he took away—I copied it from his direction or book—he had his invoices and a lot of papers with him—he saw this paper—I was to show this at the Maritime Insurance office.—(This valuation was here read, which agreed with the goods named in policy marked "G.")—This slip, marked "H," is what I made out at the time I made the insurance—it is signed by me—(read)—the policy which has been read, marked "G," is the one I effected—I handed it over to Patrick Wallace—he instructed me to claim a lose on that in January, 1840—he brought the bill of lading, and asked if it was of any consequence it not being stamped—this is it—that was the first time I saw the bill of lading—I told him I thought it was not the least objection; but he got it stamped, as he considered it was of consequence—he paid the penalty of 52.—I claimed a total loss on that policy of 1,264l.—80l. per cent, was paid at first by the cheque marked "I," on Robarts and Co., for 1,012l., now produced, which is endorsed by me—I handed it over to Patrick Wallace—the office declined paying more than 80l. per cent, at that time—I claimed the total loss—Patrick Wallace afterwards desired me to claim the remaining 20l. per cent, frequently—I did so, and it was paid some considerable time after—they asked for an undertaking, which I informed Patrick of, and he gave me this paper marked "J"—the whole of the body and the signature are his hand writing.—(This was an undertaking to return the Maritime Insurance Company the net proceeds of any portion of the goods insured, which might be saved. Signed "P. M. S.

WALLACE.")—On my giving this undertaking, the Maritime Insurance Company paid the remaining 20 per cent, by the cheque I now hold in my hands, and which is endorsed by me—I got it changed, and paid Patrick the balance due to him, deducting my commission.—(The cheque marked "L," for 253l., dated 10th Oct. 1840, was here read.)—The balance due to me was 44l. or 45l., but he gave me 50l., considering the immense trouble I had had—I explained that to him—this marked "V V" is the receipt he gave me for the balance—(read)—it is written by me, and signed by him—when I took the protest first to make the claim at the insurance office, he told me not to leave it longer than two days, as he had got it by favour, and promised to return it in that time—the office at first refused to pay the 80 per cent on seeing the protest—I told him the gentleman at the office said he never saw such a protest in his life—they wanted the captain's letter, which contained the protest—he said they had no business with it, he had not got it, and should not show it them—I told him if he could and would get it, he had better show it to them—he said he would never do so—nothing more was said about the letter that day; but the next, or the day after, he brought the letter, and stated that it had cost him two guineas—I asked in what way it cost two guineas—he said he gave it to the clerk at Howden and Ainslie's, who had given him the letter privately, unknown to Howden and Ainslie, in order that they should not have the power of mentioning it to his brother, who he did not wish to know he was settling his insurance—In August, 1839, Patrick gave me an order to effect an insurance with the Alliance, he said that his brother wanted 1715l. insurance done on his (the brother) goods by the Dryad, and told me to ascertain the premium, which I did—this is the specification and valuation of the goods he gave me.—(This valuation enumerated the goods stated in the Alliance policy for 715l.)—This slip, marked "C," was made out by the gentleman at the office, and I signed it.—(This was the particulars of the goods before stated.)—This policy, marked "A," is what I effected with the Alliance accordingly—I handed it over to the prisoner—a few days after the loss was claimed from the Maritime, he instructed me to claim on this policy, to get the total loss—he furnished me with the protest, the policy, and bill of lading—this is the bill of lading—I claimed for the total loss, from the Alliance, and they paid the whole of it—this bill of lading marked "D," of goods insured in the Alliance, is in Patrick's writing, and this bill of lading for goods insured in the Maritime, is also in the hand-writing of Patrick—I have frequently seen him write, and know his writing well—I do not know the writing of Loose the captain—the Alliance wanted a letter of indemnification—I told the prisoner they wanted a letter from his brother—he said one from him would do just as well, that he had given one before to Lyndall and Hall, for the Neptune Company, who had required a similar letter—he gave me this letter marked "E."—I know it to be his writing.—(This was an undertaking signed "M. S. Wallace" similar to the one marked "J.")—On receiving this, the Alliance paid the total loss—this is the cheque they paid, and which I gave to the prisoner Patrick immediately—here is "London and Westminster Bank" written on it—I do not know who wrote that—if they had asked who were the bankers, I should have said, the London and Westminster Bank, as they were Patrick's bankers—(The cheque for 315l. on Smith, Payne and Smith, was here read.)—This paper, marked "R R," is the prisoner's handwriting, and signed by him—it was given by him to me, on receiving the two

cheques.—(This was an acknowledgment of a cheque for the 1215l. from the Maritime Company, and 715l. from the Alliance.)—The whole of this is in Patrick's hand-writing—when I asked him about settling with the Maritime Company, I asked if he had received any further information of the wreck—he said his brother had received a letter—I said that was all right, and asked for the letter to take to the Maritime Insurance Office—he said he wished they might get it, for he did not intend to show it them—that they had had the protest and policy, and that was all they could require by law to settle it, if they did not settle before the twelve months were up, he would make them—I said it would be better to do it amicably, if he could—I asked him the particulars of the letter—he said there was some pans saved, but no beef nor pork—he laughed when he said that—I asked what he was laughing at—he said Loose bad done the job very well—I asked what job—he laughed again, and said I was not half awake—afterwards, when the Maritime refused to settle the final loss of 20l. per cent, they suggested to me the propriety of writing to the consul at Cuba—I told the prisoner so—I wrote a letter—here is a copy of it in the paper-case produced—it is Patrick Wallace's writing—(read.)

" To JOHN HARDY, JUN., ESQ. London, 15th of March, 1840. No. 8, Ingram-court, Fenchurch-street.

"Sir,—Having been kindly favoured with your name by my friend the Secretary to Lloyd's here, I take the liberty of addressing you, and will feel extremely obliged by your doing your utmost to get the following information; and whatever expense may be incurred, on your advising me to whom I shall pay the amount, it shall be immediately done. On the 7th of September, last year, the brig Dryad, Captain Loose, sailed from Liverpool to Santa Cruz, in Cuba, with a cargo of plantation stores—on the 10th of November, same year, was totally lost fifteen miles to the eastward of Cape Cruz. The captain noted his protest in the town of Falmouth, Jamaica, on the 16th of November; and the letter to the owner of the same date stated that very little, if any, of the cargo would be saved. However, on the 5th ultimo, a report appeared in the "Shipping Gazette," published in this city, that part of the cargo was saved; consequently the insurance company have refused to settle a total loss until a specification of what goods saved is produced; or if none saved, a letter to that effect. Now having an interest in some part of the cargo, I should feel greatly obliged, as I said before, for such information as may enable me to come to a final settlement with the parties here; and, if possible, please let me I have your reply by return packet; but at any rate without delay.

"I am, Sir, your obedient servant.

"JAMES STOTT."

"P.S. Of course this communication is in confidence between ourselves."

  JAMES STOTT , continued. The prisoner dictated that postscript about confidence—I asked him the reason, and told him I would not do it without he gave me some explanation—he said, "Do as I direct you, or else leave it alone"—he then stated that the reason of his requiring confidence was because the ship was chartered by R—and Co., and they did not fill up the ship, and consequently he and his brother had done so; and he did not wish them to know that they had shipped goods in her, or they would charge freight; and he did not wish Captain Loose to hear that he was making any inquiry—the answer stated that Captain Loose had left and returned with the

papers for England—the prisoner said that neither Loose nor the papers would arrive—the answer came to me—I showed it to him, and that was his remark on my showing it to him.—(This letter being read, was dated "Lloyd's Agency, St. Jago de Cuba, 9th June, 1840, addressed to Mr. Stott, and stated that Captain Loose had sailed for England a couple of months ago, with all the documents and accounts respecting the shipwreck of the Dryad. Signed, "JAMES WRIGHT, agent for Lloyd's.")—I asked the prisoner his reason for saying Captain Loose nor the papers would arrive—he said that Loose was a big rogue, no doubt he had picked up all he could from the wreck, and had gone away to the States—he made that observation jokingly—about a month after that, or not so much, when I was asking if he had any further intelligence from Captain Loose, (for from the time that letter was received, I daily expected the captain would arrive,) he said he believed he was dead, that he died on board the Preimer, coming home—I asked him if he had received his papers, expecting he would have received them with the captain's effects—he said the trunks had been opened, and there were no papers—I asked him again if any of his friends had got any information or any thing as to how he died, what was the cause of his death, and so on—he replied, he believed he was not dead, he was in London, and had been in London three weeks—I then said, if he was in London, why did he not go to the Maritime, and obtain a settlement; his word, I imagined, would have been sufficient—he said, he wished they might get Captain Loose there, but he would not go, he was quite sure; he had not even gone to settle his insurance for his own chronometer—three or four days, or it might be a week after, I saw him at his office in Crosby-hall Chambers, where he went after leaving Cooper's-row, and asked him if he had seen Captain Loose—he said, he was not in London; he wished he was, he would give him a ship directly, for he was a very clever fellow, and deserved all he had got—he then said, he had done the Dryad's job very clean, or something to that effect—I won't say they were his words, but according to the best of my recollection, they were—I said, "He must have been well paid for it, if he had done so"—he laughed and said, "Oh, a thousand or two is nothing"—he said it laughingly—I saw the prisoner on the 27th of November, at the Mansion-house, the day he was taken into custody—I asked him what was the meaning of it—he said it was the Dryad—I said, "Oh, if that is the case, my suspicions all along have been correct"—he said it was a bad job, but I need not fear, because I was only the agent, but he was afraid he should be transported—I said, "Why should you fear that, you were not master of the ship?"—he said, "Oh, the goods were never on board, and there are papers in my house that will prove me guilty"—in his house in Windsor-terrace, in his own house—I was in custody at that time, I had been taken about nine o'clock in the morning, and this conversation was about twelve o'clock, about five minutes before I went up before the Lord Mayor—I afterwards saw him several times while he was in confinement—going back in a coach from the Mansion-house that day he said his brother was the biggest rogue—he told Roe, the officer, that he should be after his brother, for he was the rogue; all he had done was for him, which I believe—I do not believe he would have been in the scrape he is, except for his brother.

Cross-examined by MR. PHILLIPS. Q. About how soon after the conversation in which he said he was afraid that Zulueta and Co. would find out the goods were shipped on board, unknown to them, without paying the freight, was it, that he was taken into custody? A. About a month—there

was no one present at the conversation at the Mansion-house, not to hear it—Mr. Phillips, the solictor's son, was close by—I cannot say whether he heard or not—he was almost touching us—he interrupted us, and told roe I must not speak—I should say, that all the prisoner's conversations with me were in a jocular manner—I did not take any notice of them—I never thought any thing of them—I thought it was all a joke.

Q. Did he never become serious with you? A. When I expressed my notion of having heard of ships being sent out to be lost, I asked him if the Dryad was one of those; he became very indignant, and threatened to kick me out of the room for the insinuation—I do not know whether that is in my deposition—I do not know whether or not this is the first time I have said it—I know he said so—I missed the prisoner from London in the course of these transactions, I think it was about July, last year—I had an appointment with him, which he did not keep—he had told me he was going to St. Petersburgh, and told me the business.

Q. Did you suppose, during your whole intercourse with the prisoner, that there was any thing wrong in this business? A. I thought there were many things very curious, but I must say I had too good an opinion of him ever to suppose there was any fraud—I thought him one of the most respectable parties I could wish to meet with—I think Michael Wallace was taken up about three weeks after the prisoner—I remember hearing the morning he was brought into the Compter—I afterwards knew of his two sisters being taken into custody—I did not see them at the Mansion-house—I saw them the day I was bailed out, in the ante-room of the Justice, but I had no conversation with them.

MR. ATTORNEY-GENERAL. Q. Do you know what had become of Michael in the mean time? A. I do not of my own knowledge, only what I have heard—I did not see him in London during those three weeks—I never saw him till I appeared at the Mansion-house with him—I have never had any difference with the prisoner either before or since he was taken.

  MICHAEL WILLS . I am secretary of the Neptune Insurance Company. This policy marked "Q" was effected with that Company on the ship Dryad, and outfit for 700l.—it is signed by John Chapman and James Cockburn, two of the directors, on behalf of the Company—there are other members of the Company—I am the subscribing witness to the execution of it.—(This policy being read, was dated the 12th of August, 1839, in the name of Selden and Co., as agents, on the Dryad, for 2,400l., and outfit 300l., on her voyage from Liverpool to Santa Cruz, in Cuba, to unload there, and thence back to Liverpool)—I am also subscribing witness to this other policy, effected on the chartered freight of the same ship, for 700l., for the same voyage—this is also igned by John Chapman and Alexander Denoon, two of the directors, for themselves and the other members of the Company.—(This policy was marked "R," dated the 17th of August, efected by Selden and Johnson, as agents, for 700l.)—I am also subscribing witness to this third policy effected on the same vessel, and the goods on board her, for 687l. dated 21st of August, signed by George Faith and Alexander Denoon, two of the directors, for themselves and the Company.—(This policy, marked "S," was effected by Lyndall and Hall, as agents, for 687l., on 39 tierces of beef, 43 barrels of pork, 35 firkins of butter, and 50 crates of earthenware, shipped on board the Dryad, on her voyage from Liverpool to Santa Cruz, in Cuba.)—This is the bill of lading that was produced on claiming the loss—there was a

total loss paid on these three policies—I do not know the hand-writing of the body of the bill of lading.

MR. STOTT re-examined. The body of this bill of lading is the prisoner's hand-writing.—(This bill of lading, dated the 15th of August, 1839, signed Edmund Loose, acknowledged the receipt of the goods named in the policy, for 687l., on board the Dryad.)

MR. WILLS continued. These two cheques, marked "U and V," are the cheques by which I paid the sums mentioned, 1,400l. and 687l., to the respective brokers—before they were finally paid the office required a letter of indemnity on all of them—this letter, marked "W," is the letter of indemnity which was given in respect of the goods—the insurance on the goods was effected by Lyndall and Hall, and the other two by Selden and Johnson—the 1,400l. cheque was paid to Selden and Johnson, and the 687l. cheque to Lyndall and Hall—I received two letters of indemnity, one from each party—these three papers, marked "O O O," "P P P," and "Q Q Q," are the slips which were severally produced by the agents to effect the insurance—I received two of them for that purpose—I did not receive them from the agents themselves—one I did—they were the slips produced at the office, on which the policies were issued.

MR. STOTT re-examined. This letter, marked "X," is in the handwriting of Mr. Selden, and the signature is Michael Wallace's—I do not know the handwriting in the body of the one marked "W"—but the signature is the prisoner's handwriting—this letter marked "Y" is not the prisoner's writing.

(The letter marked "W" was a letter of indemnity for salvage to the Neptune Insurance Company, signed "M. and P. Wallace." The letter marked "X," was a similar letter of indemnity to the Marine Insurance Company, signed "Michael S. Wallace." The two cheques marked "U" and "V" were on the Union Bank of London.)

  THOMAS JOHNSON . I am a ship and insurance broker, in partnership with Mr. Selden—I effected these two policies, marked "Q" and "R," with the Neptune, for Michael Wallace—I did not see him on the subject, personally—I received these four letters in the course of the transaction—I believe this letter marked "Y," to be Michael Wallace's handwriting, but I never saw him write—I have been in the habit of corresponding with him, and have acted on his letters—I believe it to be his handwriting—the letter marked "Z," I also believe to be his handwriting, and these marked "A A," and "B B," also.

(The letter marked "Y," was dated 9th of August, 1839, from Michael Wallace to Messrs. Selden and Johnson, thanking them to say what they could effect an insurance on the brig Dryad, Loose, master, and outfit on her voyage from Liverpool to Santa Cruz, in the Island of Cuba, and back to Liverpool, with a general cargo; also on freight out and home. The note marked "Z," was from Michael Wallace, requesting to know if they had covered the 700l. on the Dryad. The letter marked "A A" wasas follows:)—

"To Messrs. SELDEN and JOHNSON. Cooper's-row, August 10th, 1839. "Gentlemen,—As I now find that the Dyrad must positively sail on the 20th instant, and having also learned that Messrs. Howden and Ainslie have covered their share of insurance in the Marine Company, and not wishing them to know that I give any thing past them here, I will therefore thank you to effect insurance for 700l. on ship and outfit, valued at 2,700l., in one or other of the Companies, excepting the Marine or Lloyd's.

Please to let me have a copy of the policy, as I go down this evening to Liverpool. Yours very truly, MICHAEL S. WALLACE."

"I hope to be able to give you part of the chartered frieght, out and home, to do also."

(The letter marked "B B" was dated Liverpool, 14th of August, 1839, from Michael Wallace to Messrs. Selden and Johnson, requesting them to value the Dryad in the policy, at 2,400l., and outfit at 300l., and to cover 700l. on chartered freight out and home; and as the rest of the risk was in the Marine, wishing this to be in a different Company.)

  THOMAS JOHNSON (continued.) These papers, marked "O O O," and "P P P," are the slips which were handed in to the Neptune, and on which the policies were issued—they are signed by me—a total loss on the policies was afterwards received by my partner, by desire of Michael Wallace—I received it on the 5th of February, 1840—this cheque marked "C C," is in my partner's writing, and was the cheque by which the proceeds of the policies were paid by my partner to Michael Wallace—his name is on the back—it is for 1,400l., less the premium and the commission.—(This was a cheque for 1,278l. 18s. 6d., on Messrs. Cwrries. Endorsed, "Michael S. Wallace.")

  ROBERT SELDEN . I am the partner of Mr. Johnson. This cheque it in my handwriting—I delivered it to Michael Wallace—it was endorsed in my presence—this letter of indemnity, marked "X," I sent down to Cooper's-row for the signature of Michael Wallace—it was returned to me signed.

  HENRY HALL . I am in partnership with Mr. Lyndall, as ship-brokers, in Leadenhall-street. This policy marked "S" was effected through my agency in the Neptune for 687l., by order of the prisoner—the order was in writing, merely on a slip of paper—I have not got the paper I received from him—I made out my slip to take to the Neptune from the paper that was handed to me—this, marked "Q Q Q," is it—I did not make it out myself—the clerk at the office did from my instructions—I signed it when the policy was prepared—I afterwards made a claim on the Neptune in respect of that policy for a total loss, by the prisoner's directions—(These were the instructions for the policy, marked "S")—the day after effecting that insurance, I effected another for 600l. with the Indemnity Mutual Marine Insurance Company, by Michael Wallace's directions—I also claimed on that insurance for a total loss by the prisoner's directions—he brought the protest—this bill of lading marked "T" was produced to me by the prisoner at the time I was instructed to make the claim—that bill of lading refers to the Neptune. On the 29th of January I received this letter marked "D D"—I believe it to be Michael's writing.—(This was a letter from Michael Wallace to Messrs. Lyndall and Hall dated "18, Cooper's-row, 29th January, 1840," stating that he had to start for Liver-pool that night, and requesting them, when they received the cash from the Mutual, to pay it to his brother whose receipt would stand for his (Michael's.)—My clerk received the money from the Mutual, and brought it to me—it was paid into our banker's—I paid the prisoner 500l. on account afterwards—I had not received the money from the Neptune then, only from the Indemnity Mutual for 600l.—I paid him about the 29th or 80th of January—on the 5th of February, I received the amount from the Neptune—on the same day I gave to Mr. Lindell, a junior clerk in our establishment, a cheque for 700l., marked "F F"—that was on account of both policies, the remainder of what had been received from the Indemnity Mutual, and what I afterwards

received from the Neptune—before I received the money from the Neptune a letter of indemnity was required—I got one—this cheque for 500l., marked "E E," is the cheque I gave him—(these cheques were on Currie and Co.)—on the following day, the 6th of February, I gave this cheque on Currie and Co. to the same clerk, for 5l. 13s. 2d., the balance—I do not know the writing on the back of it.

MR. STOTT re-examined. The signature, "P. M. S. Wallace," on this cheque is the prisoner's writing—the second endorsement is my own—(read.)

  WILLIAM STEWART . I am subscribing witness to this policy, marked "K K"—it is executed by two directors, William Astell and George Hibbert.—(This was a policy for 600l. upon freight of the Dryad on the same voyage.)

  OLIVER THOMAS LTNDALL . I was, at the time in question, clerk to Lyndall and Hall, ship-brokers. I received from Mr. Hall, a cheque for 700l., to be paid to the prisoner—I paid it to him, and he endorsed it in my presence—the endorsement was on the back of it when I was before the Magistrate, but it has been partly torn off since—I also received from the same gentleman this cheque, marked "E E," for 500l.; this was also paid in the counting-house to the prisoner in my presence—I believe it was handed to him by Mr. Hall—the body of this letter of indemnity, marked "W," is in my handwriting—it was signed in my presence by the prisoner.

  FRANCIS LOUIS PHILIP SECRETAN . I am an underwriter to this policy, marked "K K K"—there are two other underwriters.

  SAMUEL MARSHALL . I am an underwriter on this policy, marked "X X X," for 3000l.—there are fourteen others—I know the handwriting of all of them.

  ROBERT JOHN LODGE . I am Secretary to the Marine Insurance Company. I am a subscribing witness to this policy of our Company, marked "O," for 2000l. on the ship Dryad, valued at 2000l., dated 10th of August, 1839—the policy is executed on the part of the Company, by John Stewart and Benjamin Green, directors, signed for themselves and other members of the Company—in January last year, a claim was made at the office as for a total loss on that—the loss was adjusted by our office, on the 8th of January, with Messrs. Howden and Ainslie—they had an account with us for premiums—on settling this policy, I gave them a cheque, deducting the claim I had on them for previous premiums—this cheque, marked "P," for 1411l. 0s. 10d., is the one I gave Howden and Ainslie's clerk—the difference was set off against their account—(This cheque was dated 10th of January, 1840, on Messrs. Giynn, Halifax, and Co.)

  CHARLES BAHR . I am in partnership with Mr. Berins, at Liverpool, as ship and insurance brokers—our firm effected an insurance, of which this, marked "No. 1," is the policy, for Michael Wallace—I saw him myself on the subject of that insurance at Liverpool, more than once—I cannot recollect ever seeing Loose, who is mentioned as the master of the vessel—my partner told me he was in our office, but I cannot recollect him—I don't know that Michael Wallace was there at the time—I claimed for a total loss under that policy, somewhere in January, or February, last year—we did not receive the whole amount—we received 500l.—the amount of the policy is 650l., 500l. on the ship, and 150l. on the captain's effects—I paid the 500l. to Michael Wallace—we made a claim for the captain's insurance, 150l. by Mr. Wallace's desire, but the Company refused

to pay that—we afterwards gave the policy up to the Company without pressing for payment, because we thought it was not right—we made inquiries, and were quite satisfied the goods were not on hoard—Mr. Wallace had told us to insure 150l. on the captain's effects.

Cross-examined by MR. PHILLIPS. Q. Had you ascertained that Loose was dead? A. No: Mr. Wallace sent us some documents stating that he was dead—it was not on that account that we made no claim, but on account of the effects not being on board.

— FROST. I knew Captain Loose, the master of the Dryad—I have seen him write—I believe the signatures to these three bills of lading to be his.—(These bills of lading, marked "D" "M," and "I I" were here read, certifying the delivery on board of the goods insured in the Alliance, in the General Maritime, and also the goods upon which Zulueta and Co. effected insurance.)

  PETER KELLY . I was clerk to Zulueta and Co. I entered their employ in 1831—they carry on business in Liverpool, and also in London—I belonged to the establishment at Liverpool upwards of nine years—they are exporters of goods to Cuba—I recollect their freighting the brig Dryad in the summer of 1839—there were, I believe, about four clerks in the Liverpool establishment of Zulueta and Co.—I was the shipping clerk, and also managing clerk—the Dryad was lying in the George's-dock, at Liverpool—I saw her—I know Captain Loose by sight—I became acquainted with him as master of this vessel—I recognized him as such—he came to our counting-house several times in the way of business, and I was on board the Dryad, from time to time, during her loading—I knew Michael Wallace as the owner of the vessel—I saw him at Liverpool while the vessel was loading—the vessel began to load some time in August, I think—I cannot say that I saw Michael Wallace on board the Dryad—I had no conversation with him, only relative to the dispatching of the vessel—the only conversation I remember was his requesting me to dispatch the vessel—I saw him two or three times at Liverpool, at intervals of a day or two, perhaps—the ship was advertised for Cuba—no goods offered for her besides Zulueta's goods—I saw the goods that Zulueta and Co. sent, going on board—this is the bill of lading for the goods (marked "I I"—the body of it is the hand-writing of a young man, a shipping clerk, who was under my directions at the time—he was in Zulueta's house—it was made out according to my directions—this bill of lading contains the whole of the goods that were shipped by Zulueta and Co. on board the Dryad—to the best of my recollection, about a week was taken in putting them on board—the ship was lying close to the quay—she had not what we call a quay berth—part of the goods were sent in carts, and others in barges, which we call flats, (they are called lighters in London,) and there they were put on board—I believe they were all on board on the 5th of September—I was on board the Dryad after they had all been shipped—there were no other goods on board besides those shipped by Zulueta and Co., that I know of—if there had been on board 30 tierces of beef, 43 barrels of pork, 35 firkins of butter, 50 crates of earthen-ware, 6 cases of flannel, 2 cases of cloth, each containing 10 pieces, 2 cases of prints, each containing 50 pieces, 39 tierces of beef, 52 barrels of pork, 38 firkins of butter, and 25 crates of earthen-ware, and I might have seen them—I did not see any other goods besides those mentioned in the bill of lading of Zulueta and Co.—the last time 1 was on board was a day or two before she sailed—at that time I did not see any goods on board besides those belonging

to Zulucta and Co.—if any goods had offered from our advertisement, an order would have been required for receiving them on board—in this case, if any goods had offered, they could not have gone on board without an order of the consignees, Zulueta and Co., according to the advertisement—they had the entire management of dispatching the vessel with her outward freight—they had the whole of the vessel outwards—it was part of my duty to see what goods were put on board—if I had seen any other goods on the quay, as a matter of course, it would have been part of my duty to have named it to the principals, or if I had seen any other goods shipped—I did not see any others—I saw no others than according to the bill of lading—Michael Wallace never applied to me for leave to put any goods on board, except those of Zulueta and Co., nor did the master—I do not think the provisions I have named would occupy a great deal of space, from the number of them.

Q. Suppose they were worth 2666l., would they occupy a small space? A. It would entirely depend on what goods they were—earthen-ware would occupy a very large space—tierces of beef and pork, and firkins of butter, would not occupy a great deal—the value of a tierce of beef is generally considered 5l.—it would not occupy a space any thing like earthenware—88 crates of earthenware would occupy a great space, perhaps eighty tons, about a ton a crate—the crates generally sent to Cubs are about a ton each—I suppose a tierce of beef would measure about a fourth part of a ton, but I am not confident of the exact size, for I never saw one measured—I cannot say the exact measurement of 95 tierces of pork, perhaps five tierces to a ton—butter would take a very small compass—a keg of butter is a very small package—the articles enumerated in these three bills of lading might have occupied about ninety tons of space—the earthenware would form the greatest portion of the bulk—I scarcely think there could have been ninety tons of goods on board the Dryad without my perceiving it—I think fifteen tons would be occupied by the beef, pork, and butter, thereabouts, I cannot say with certainty—about ninety tons, I suppose, altogether—the tonnage of the vessel was 204, but the would carry considerably more—I should consider between 300 and 400 tons—that was her registered tonnage—I saw where Zulueta's goods were stowed away—they did not fill the ship—about one-third of the ship remained unfilled—I cannot exactly say whether Zulueta's goods were sufficient to fill two-thirds of the ship—I should say Zulueta's goods were sufficient to fill up the ship, as she appeared to be filled when I last saw her. Q. Suppose no other goods to be on board except Zulueta's, goods, in your judgment were they sufficient to fill two-thirds, as you saw her? A. In my opinion I thought they were—that is my opinion now—I was present when the captain made his declaration at the Custom-house—I am not quite certain whether that was after the bill of lading had been signed—it is quite immaterial whether the declaration is made after or before the bill of lading is signed; sometimes it is one way and sometimes the other—I cannot say that it is usual for a declaration to be made till the lading of a ship is completed—generally a vessel is loaded before they clear her at the Custom house—she could not be cleared at the Custom-house till the master has made his declaration—that is the act of clearing her—sometimes goods are taken on board after the master has made his declaration—if more goods are taken on board after the first declaration, there is a fresh entry—there ought to be—there was no entry made respecting the Dryad after

she was first cleared—I am not confident whether I was on board after she cleared—I was down at the dock to the vessel after she cleared, but I did not go on board—I do not believe I was on board after she cleared—the last time I saw her she was two-thirds filled, to the best of my judgment—she was in that state at the time she was cleared—no other goods offered—I did not know Maxwell, the mate, at that time, I have since—I recollect his coming to the ship—I do not know whether the vessel had cleared at that time, or not—I think he waited on me a day before she sailed, or a day or two before—two day, I think, it was, to the best of my recollection—I had been on board down to the time Maxwell joined her—at that time she was two-thirds full, as I have described.

Cross-examined by MR. PHILLIPS. Q. When did the ship come into the port of Liverpool? A. I think in the early part of August—I am not sure it was not in July, it may have been—the loading of her was finished two or three days before she sailed, say two days—I cannot give the dates—I was not on board night and day till Maxwell came—my employers had chartered the Dryad—if any goods had been put on board to their knowledge, the freight must have been paid to them for the goods, they were justly entitled to it.

Q. Therefore, if any party wished to ship good on board, so as to avoid the just payment to your employers of the freight, they would do it clandestinely? A. True—there are what are called dock-berths at Liverpool—Captain Loose did not take a dock-berth—she had what we term a stage-berth—she must be approached by boats on one side, and from the other side you could get to her from the quay—there was not access to her from the open river—the lighters which were putting the crates of earthen-ware, on board lay alongside of her during the night—I was down in the bold of the vessel last while they were taking in the salt—she bad things put into the hold after I was there, as a matter of course—it is customary occasionally to ship earthenware to the place to which she was going—it might have been five or six days before she sailed that I was down in the hold, or it might be a week, it could not have been ten days.

Q. Is it not customary at Liverpool sometimes to ship goods on board ships in fraud of the persons who have chartered her, so as to smuggle them without paying freight? A. It has never come to my knowledge—it may have been done, but I do not know it—if I did know it, it would, of coarse, be my duty to prevent it—it would not be to the interest of the person committing the fraud to let me know—I saw Michael Wallace two or three times while the vessel was lading—I cannot exactly say the number of times—I could not swear I did not see him half a dozen times—I may have seen him half a dozen times, not a dozen—I will swear that—I never saw him on board—I saw him twice with Captain Loose—property might have been put on board clandestinely after the bills of lading were made out, without my knowledge—there are ten keg of paint in the bill of lading, I believe—if any other kegs of paint were put on board, it must have been without my knowledge—I did not put any on board that are not contained in the bill of lading—I swear that positively—I think ten kegs of paint were sent down to the vessel afterwards, which are in the bill of lading—there was no new entry for that in the declaration—it was ten or fifteen kegs of paint—it is in the bill of lading—I have been examined before on this business—I believe there were fifteen kegs of paint,

end some hardware, put on board after the declaration—the bill of lading will speak for itself—I did not take them on board myself—I ordered them on board—we did not make another clearance at the Custom-house on that occasion—it was so trifling, it was scarcely considered worth while to take the trouble of clearing the vessel again, it was a mere trifle—I do not suppose they paid any duty.

MR. ATTORNEY-GENERAL. Q. Down to what time did you try to get goods to fill up the vessel? A. Down to the last moment—I first went on board the Dryad immediately she commenced taking in—I cannot speak to the date—it was more than three weeks before she sailed—she had nothing in her then—none of our goods were in her at that time—I cannot say whether she had anything in her on the 20th of August—I cannot speak with any certainty as to the date, and should not like to say positively—she may have had earthenware or salt—it is not at all probable that she had any thing on board except the goods we sent—no goods could go on board before ours—(The bills of lading were dated the 25th and 20th of August)—this paper is a notice of intention to enter the vessel for the loading of goods—it is dated 15th August—at that time no goods whatever had been loaded on board—this notice to load was written by my directions—it may have been two or three days after that the loading began—there is no gate to the dock where the vessel laid, not on either side—you cannot bring goods into the docks the same as in London—they are wet docks—earthenware and salt goes in from the lighter, and the other goods come from the quay—it would take a day, or a day and a half, to put eighty-eight crates of earthenware on board, according to the circumstances—it would take a day at least of eight or nine working hours—it would require the use of tackle to get such goods on board, and a good many hands—it would take perhaps two or three hours to get provisions, such as butter, pork and beef, on board—I had an opportunity of seeing the state of the hold within two or three days before she sailed—I could see the hold from the main hatchway, without going down into it—down to that time we still expected to get goods to fill up the vessel—we should have taken any goods that offered, down to the time of her sailing.

  THOMAS SHERLOCK . I am clerk and examiner for the clearances in the Customs at Liverpool. I produce the entries of the goods on board the Dryad, on her passage outwards, marked "XXX"—the pockets go with the vessel—I also produce the declaration of the master—these are the copies of the entries from the books of Liverpool—the entries are made before the shipment of the goods.

MR. FROST re-examined. The subscription to this declaration is in the handwriting of Captain Loose.

  PETER KELLY re-examined. The signature "Peter Kelly" to these entries are my writing—(These entries being read were for the goods shipped by Zulueta and Co., valued at 3,000l. The declaration by Loose only enumerated those goods.)

  THOMAS SHERLOCK . continued. The duty on earthenware is 10s. per cent generally on the export of goods—salt is free—provisions are always 10s. per cent.—I did not know the Dryad at all—these three entries are entries of every thing that was represented to the Custom-house at Liverpool, as being on board the Dryad before she sailed—I know the situation of the George's docks at Liverpool—they arc not at all secured at night—they are not walled—they arc not open to the river except at high

water, when the gates arc open—the gates are not open except at high water—if the gates are not open, there is no access for boats or any thing else to come from the river into the docks—I do not suppose a day and a half's work in loading a vessel with smuggled goods could be done—it could not be done except at high water—dock gatemen attend to the gates—there is always something going out each tide—the officers all attend there at high water.

Cross-examined by MR. PHILLIPS. Q. So that it would be utterly impossible to smuggle any thing at Liverpool, they are so strict? A. I do not pretend to say that—I do not know that there is a great deal of smuggling going on there—the freight to Cuba would be much more than the duty, I should think, but I have nothing to do with the freight.

Q. Do not the bill of lading and declaration totally differ? A. I do not know what they put in the bill of lading—this is agreeable to the pockets, that is all I can speak to—the bill of lading is a document I know nothing about—I cannot say the bill of lading and the declaration do not correspond, because there are forty tons of casting named, and it is impossible for me to say what it is.

MR. ATTORNEY-GENERAL. Q. You have looked at the entries and the master's declaration, and they correspond? A. I have—we have nothing to do with bills of lading.

  ALFRED JOHN TATE . In 1839, I was master of the Bencoolen, bound for Cape Hayti; on the 23rd of October 1839, we were off the harbour at Cape Hayti—my vessel was 402 tons—a pilot-boat came on board with three pilots in it, and all came on board—there is a reef of rocks about two and a half or three miles from where the pilots boarded us—I observed a brig to the eastward of us which turned out to be the Dryad, Captain Loose—she was eastward of us, and going right stem on the reef—this reef laid down on the chart produced, is well known to mariners—here is what is called the "Silver Bank"—he was going on the reefs right off the harbour's mouth—they form the outside part of the harbour, and extend about fifteen miles down to the eastward—the direction the brig was taking was the subject of remark—we waited some time to see if she would alter her course, but she did not—the pilot on board made a remark to me—seeing she did not alter her course, I fired a gun as a signal to her—she paid no attention to that, but still went on—as she did not alter her course, I ordered the pilot on board to go away in his boat directly on board the brig as quick as he could, as I thought she was in danger—the pilot pulled away and boarded her—she did not alter her course till he had boarded, but was still steering right in the direction of the reefs—the wind was blowing very little indeed from the west—it was a very little westerly wind, I believe, but am not very confident of that—she was being carried in that direction by the wind—she could have avoided it—when the pilot went on board she altered her course, and then came up into the harbour—I afterwards saw Loose on shore—he said something to me. about the Silver Bank—I observed that his rudder had unshipped, and a jury rudder was made—she carried away her jury rudder and iron—a day or two after, I was required to attend a survey on board the vessel—a gentleman there officiated as Lloyd's agent—the brig was surveyed and repairs ordered—I remained there seven or eight weeks—Loose remained thereabout a fortnight—I saw him during that time almost daily, and conversed with him about the brig, where she had been and what had happened to her—I saw him during the survey—I

saw Maxwell, the mate, eight or nine days after I arrived—he applied to me for a berth, and gave me a reason why he applied—I met the captain at a person's named Kellett, with the chief mate—the captain paid the mate's wages and discharged him—he applied to me for a berth, which I gave him, on his giving me his reason—I saw none of the crew on shore, except the mate—I did on board—they made a complaint in my hearing, but not to me—I remember the Dryad leaving Cuba, after her repairs, a fortnight or three weeks after she came in—I saw Col. Villason, the colonel of the port, the day after she left—he made a remark to me, and I think three or four days after that, I heard of the loss of the Dryad—when I was surveying her for repairs, I saw down her aft-hatchway, and from what I saw, I should say she was about two-thirds full of goods, but I could only see the aft-hatchway—the log-book was never shown to me, nor to any body that I know of.

Q. From what you saw of the course of the vessel on the reefs, yon fired a signal, did it appear to you she had an opportunity of avoiding them long before she did? A. Of course, she had no business there at all—there was nothing I could observe in the weather, or in the management of my own vessel, that could lead them there.

Cross-examined by MR. DOANE. Q. Do you know Maxwell very well? A. He has been with me about nine months—I saw a person taken out of Court just now—I believe it was him (Maxwell) that made a disturbance in Court just now.

MR. CLARKSON. Q. Did he appear tipsy? A. I think so, or he would not have come here.

(Adjourned.)

THURSDAY, March 4th, 1841.

The QUEEN against PATRICK MAXWELL STEWART WALLACE—(continued.)

  RONALD MAXWELL . I sailed as first mate of the Dryad, on a voyage from Liverpool, bound to Santa Cruz—Captain Loose engaged me in Liverpool, on the 4th of September, 1839, on board the Dryad, to go this voyage from Liverpool to Santa Cruz, from there to St. Jago de Cuba, and from there to Swansea, that was my understanding when I engaged—I have been brought up to the sea, and have commanded a ship in the South American trade—I have often crossed the Atlantic, and have been to the West Indies—I am acquainted with the navigation of those seas—I was in the hold of the ship on the 4th of September, the day I joined her—we took in a few cases of hardware, and a few kegs of paint—that was all the cargo that came after I joined her, and they came by Zulueta's bills—I signed bills for them as mate—it is customary for two notes to come down with goods to the ship, one the mate signs, and that goes back, and the other is kept—from the time I joined the ship, on the 4th, till she sailed, no goods were received, except those from Zulueta's—I am quite confident of that—I locked the ship up every night before I left her—I saw her again in the morning—when the lading was completed, one-third of the ship remained unfilled—I am sure eighty crates of earthen-ware were not loaded on board after the 4th—there were none, nor any cases of flannel, cloth, or prints, nor any tierces of beef, barrels of pork, or firkins of butter, only for the ship's use, and they were on board previous to the 4th—I saw the hold every day from the time I joined the ship till the ship sailed—I am quite sure no goods, except those I have mentioned,

were brought on board after that time, only the kegs of paint and cases of hardware, that is all—she was ready for sea previous to that, but it was found out her foremast was bad, it was taken out that day, and we put a new foremast in that day, we had two tierces of beef, and four barrels of pork on board for the ship's use—that was a scanty quantity to carry us on the outward voyage—I have always seen, for the last fifteen years, that a ship on that voyage is provisioned out and home both—I am sure she had not provisions for the homeward voyage—we went out of the dock on the 6th, and entered the river, and sailed on the 7th—we had ten hands on board, all hands included—in going round Ireland, we went through the North Channel—we fetched Carlingford light on the Irish coast—I believe it is not unusual to go by the North Channel, according to the wind—Captain Loose directed me to get tackles rove and coiled in the long-boat, so that if we wanted her, she would be the quicker put into the water—we had no logline when we sailed—I endeavoured to replace it by making one of spunyarn, but I found it quite insufficient for the purpose, it was too heavy—we had no proper logline during the voyage, while I remained on board—I found the larboard pump was choked the first time I endeavoured to sound it—a short time after we were at sea, I cannot say the exact time, I tried to clear it out, but was not able to do so—I told Captain Loose of it—he said nothing particular—the boy was in the cabin, and came on deck to me—the larboard pump was never made to sock—I believe there was a chronometer on board, but I never saw it, I was told of it—I made an application to the captain to be allowed to make use of the chronometer, which would have allowed me to know the longitude of the ship—he would not allow me to see it—we pursued our course to the West Indian seas—I had never been to santa Cruz before.

Q. Do you know what was the proper course to be pursued in crossing the Atlantic, and going to Santa Cruz? A. There is generally one track laid down on charts as a guidance—Captain Loose followed the track part of the way—he deviated from that track about longitude 59 west, or thereabouts—he steered to the northward—we first made land in the West Indies at Virgin Gorda—I saw the land there—this is Virgin Gorda, (pointing it out on the chart)—it is laid down here with a V. and Gorda only—I told the captain I had seen the land—he came on deck—he remained on deck about five minutes, and then went below again—he said nothing—shortly afterwards I observed breakers ahead, and low land—the breakers denoted a reef, and the low land was the main land of Anegada—we were probably about five miles from the breakers when I first discovered them ahead, or four or five miles, I cannot exactly say the distance—I went down and told the captain—I found him in bed—it was between six and seven o'clock in the morning (I had seen the land just at day-break) Benjamin Shultz was at the helm—I told the captain I could see breakers a-head, and low land—he jumped out of bed, and followed me on deck shortly after—I told Shultz to put the helm down, and let the ship come round to keep her off the breakers—the captain ran to the wheel, and hove the helm up again, that had the effect of keeping the ship direct on for the breaker a—he took the wheel himself, and remained at it a short time only—the crew complained—Thomas Hunter and Henry Simpson, two of the seamen, came into the waist, and said if the captain did not put her round, they would take charge, and put her round themselves, they were not going to be lost through him—the captain on that

left the wheel—Benjamin Shultz, the carpenter, again took the wheel—he put the helm down again, and the ship came round.

Q. How near had you got to the breakers when Shultz put down the helm the second time? A. The ship just cleared the breakers, and nothing more—a few minutes, and she would have been on shore—after she was round, the captain mentioned to me, that he did not think she was so near—when he first came on deck, and took the wheel from Shultz, and told me to mind my own d—d business, and to take the studding-sails in—after the ship was brought round, he said he would have me tried for mutiny, for taking charge of the ship from him—this was on the 17th of October—we then proceeded on our voyage—on the 19th we were on the Silver Keys, (pointing it out on the chart)—in some charts it is called "keys," and in others "bank"—it is to the north of the island of St. Domingo.

Q. Ought he to have gone to the south or north of St. Domingo to reach Santa Cruz? A. I consider the south passage, between Antigua and Guadaloupe, is the way—I have crossed those seas—that would bring us to the south of St. Domingo, and make the island of Jamaica in passing—that is the usual way.

Q. Supposing a ship were to go to the north side of St. Domingo, ought she to have come on the Silver Keys? should she come so near the shore? A. She ought to have been higher the shore to have avoided it—the Silver Keys is laid down on all the charts that I have ever seen of that part—the first thing that attracted my attention on the Silver Keys, on the 19th of October, was a rock on the larboard bow, about 300 fathoms off, more or less—I cannot swear to the exact distance—it was about half-past six o'clock in the morning, or between that and seven—I immediately mentioned it to the captain—he was below—he came on deck—I pointed out the rock to him—it was easily to be discerned—the captain said he could not see it—I saw it with my naked eye—the captain had his telescope in his hand—the water ahead was discoloured, which indicates a shoal in those seas—soon after that one of the crew from the fore-yard called out "Rocks under her fore-foot"—the fore-foot is the bow of the vessel—I ran forward, and likewise the captain—I looked over the bow, and saw the rocks—the captain said, "Oh, we are lost! we are lost! we are all lost!"—immediately after the ship struck—she remained fast for the space of from fifteen to twenty minutes—we cleared away the boats—the captain ordered the jolly-boat to be hove overboard—we put her on deck, and got the tackle up ready to put the long-boat over to save ourselves—after about twenty minutes the vessel dragged off the rock, the sails being all set, and the breeze increasing—she had suffered no perceptible injury at that time—she was making no water—she went on a short distance, until she struck another rock—she remained fast on that only a few minutes—she dragged past that—the captain was in the cabin during this time—he was putting a life-preserver on part of the time—when she dragged off the second rock, our rudder was disabled—two pintles were injured, which caused the rudder to unship—we trimmed the sails, to keep her before the wind—I proposed to make a temporary rudder, and applied to the captain, having no spare topmast on board, for the main boom, for some pieces of oar and the sprit-sail yard, to make a temporary rudder, which he refused, there being no spare spars on board—he said we were in a nice predicament; a ship at sea without a rudder; it would have been better if we had been all asleep a day or two previous, and let her go

ashore at Anegada—Shultz made a temporary rudder from the studding-sail booms, the long-boat's oars, and some spare pieces of plank—it was an assistance in steering her—on the 20th we made the harbour of Port-o-Plata, on the coast of St. Domingo—from the 20th to the 22nd, we proceeded close along the land—in my judgment it would have been better to have had a better offing—we were sometimes so near as to be almost among the breakers—it seemed to me there was danger of getting ashore there—the men had all their clothes ready packed up, if they should get ashore—on the afternoon of the 22nd of October we were close in with a reef that lies off the harbour of Cape Hayti—the jury-rudder unshipped, and we trimmed the sails, to keep her before the wind out to sea again—the captain gave those orders—he asked me what 1 thought was best to be done—I told him there was no danger to run into the harbour; the wind was fair for that—the captain told me to go forward and call David Davis, who was acting as second mate, and Benjamin Shultz the carpenter, to see what their opinion was—I did so—they came on the quarter-deck, and said the harbour was before us, and they thought we might get in—the captain said he would not, he had no pilot on board, and if any thing happened to the vessel, he should lose the insurance—I told him the only plan then was to keep her out to sea that night, we could replace the jury-rudder very soon, to get in in the morning, and get a pilot, by the time the sea-breeze set in—the captain went to bed about eight—about nine I saw a sail on our larboard quarter, I mentioned it to the captain—he came upon deck—I said she looked like a large ship, probably a man-of-war, and could give us assistance, if we were to run down to her—we could easily have done so, we could have gone down before the wind to her—we did not do so, the captain would not allow us—he said he wanted nothing with her—he went to bed again, and told me to call him at twelve—at day-break we were at the south-east of the entrance of Cape Hayti—when the day dawned, I saw a ship a little to the northward of the entrance of the port—we were steering towards the reef—I could see the breakers ahead, probably two miles off—the captain came on deck about seven—at that time we were steering towards the reef—she was steering the course that he ordered when he left the deck previous—I cannot say what time it was that he gave those orders, for I was in bed—he gave the orders to the second mate—when he was on deck, about seven, we were steering towards the reef—no signal was made from the Dryad—the ship we saw to the northward fired a gun and hoisted an ensign—I afterwards learnt she was the Bencoolen, commanded by Captain Tate—I understood the meaning of the firing of that gun, it was to warn us we were running into danger—she had likewise the Union-jack flying at the fore, as a signal for a pilot—we were not allowed to hoist one—I proposed to hoist one—the captain said, if they were too lazy to come off without a signal, let them stop where they were—we kept on the same course till a pilot came on board—it was almost a calm—she was going very little through the water—I went below, and told the captain the ship to northward had fired a gun and hoisted a signal—he said that was nothing to him—he said nothing more, and I left the cabin—the pilot came on board about eleven in the forenoon—the Dryad had not altered her course up to that time—the captain called the pilot aft, and showed him our jury-rudder, and asked if he would take charge of the vessel—he said he would; if the crew would work the ship in he would take her in—we

first saw 'the boat, with two pilots in her, go to the Bencoolen—one of them was left in the Bencoolen, and the other came towards us from the Bencoolen, and as he came he waved a flag, which meant for us to bear down towards her—we did not bear down towards her—the captain was on deck at the time, he saw the signal—the Dryad did not alter her course till the pilot came on board—before the pilot came on board he hailed us, and asked where we were going with the vessel—we were about half a mile from the breakers at that time—we were going very little through the water all the morning, it being very nearly a calm—the pilot took us into port—that was on Wednesday, the 23rd of October—I left the Dryad at Hayti on the 2nd of November, I got my discharge—I assigned a reason to Captain Loose for leaving her—he paid me my wages, except 2l., which ought to have been paid at Liverpool—I then went on board the Bes-coolen with Captain Tate—(looking at the charts)—the course the Dryad took till she came to Hayti is delineated in this chart by this blue line, and here is where she deviated from what I consider the proper track—this. red line denotes the track which I think she ought to have gone—there is also a blue and a red line on this other chart—the blue line indi-cates the course she took till she came to Port Hayti, and the red line the course 1 think she ought to have taken—in my judgment she ought to have gone on the south side of St. Domingo, between Guadaloupe and Antigua—in going to the north of St. Domingo she ought to have gone nearer shore, to avoid the Silver-bank—and if she had missed the Silver-bank, in the course she was taking, she would have run direct for other shoals—in coming from Port-o-Plata to Hayti, she ought not to have gone so near the shore as the blue line denotes—it was very dangerous—there are shoals and reefs there—if she had followed the track marked by the red line, the danger would not have been so great—there was nothing in the state of the wind or weather to render it necessary she should keep so close in shore—the wind would have enabled her to keep any distance—I cannot mention any object the captain could have had, for the proper navigation of the ship, in keeping her so near the shore—there was no necessity or occasion for it—I was not afraid, as she was sailing along the shore, but I always had my suspicions.

Cross-examined by MR. PHILLIPS. Q. Where did you sleep last night, Mr. Maxwell? A. I did not sleep any last night—I passed the night in a room—I believe that room was in a house—I have no doubt about it—I did not inquire whether it was a station-house—I have a doubt that it was—I do not know that it was—I rather doubt it was, but I did not inquire—I mean I rather think it was—it was a house I was never in before—I saw both men and women there—the men were dressed in coats and trowsers—some had blue coats, with letters and figures on the collars, and some had not—I did not ask them whether they were policemen—I have not much doubt they were—probably it was from having no doubt that I did not ask them.

Q. Do you know who the gentleman was that came into Court yesterday evening, shouting to the full of his voice, and as drunk as he well could be? A. I have been told—I am very sorry that I took an extra glass of wine, therefore I cannot answer your question—it might have happened and I forgotten it—it was in a public-house that I took the extra glass of wine—I was by myself—I paid for my own wine—I got nothing from any friends of the prisoners—I was not taken up on this charge—I was not in

custody or in confinement—I swear that—I remember the examination on the 12th of November, but I was not in custody, I was on bail—there was an officer present before I was bailed—he did not mention to me that I was in his charge—I was willing to go with him wherever he chose—I did not try to go away—probably I was in his charge for a minute or two, if he bad taken on himself to have taken me in charge—bail was offered before it was asked for—bail was offered for my appearance—I do not forget having been a little merry at the Mansion-house one day before Sir Peter Laurie—I was not drunk—I was taken off to a place of confinement for it—I staid there all night—I had a good room—it was in the Compter—I cannot say whether it is a prison—I am a stranger in London—I have been coming to and going from London for the last fifteen or sixteen year at times—you say the Compter is a prison—I have no doubt of it, after you have told me so—I had the power of going out of the room, not into the street—I was aware it was some place of confinement—I do not know whether the captain is alive or dead—my belief would be that he is alive, from what I have been told—I have heard he was dead several times—there is a captain of the port at Hayti, and a colonel of the port also—the Dryad remained at Hayti under repairs two or three weeks probably, but I had left her then—she was to be seen—when the captain called out, "We are lost, we are lost, we are all lost," he called out to clear away the boats, to heave the jolly-boat overboard—the jolly-boat was at that time turned bottom upwards on the long boat—there was no tackle in the long boat at that time—we had to get the tackle—I told the captain I could soon get a jury-rudder made that would take us into port—we were about two hundred miles from Cape Hayti at that time—I cannot exactly say the distance—I told the captain that Hayti was the best port for us to go to—the captain said, if the carpenter could make any thing of the studding-sail booms we might take either of them, and the carpenter accordingly made the rudder of the studding-sail booms, some spare planks, and pieces of oars—the straps of the jury rudder gave way on the 22nd, off Cape Hayti—it was not through that that we drifted on close to the reef—we were close to the reef when the jury-rudder straps gave way—the captain ordered us to trim the sails, keep her off, and get her head to sea—we were then about four miles from the entrance of the port—we did not hoist a signal for a pilot on board our ship—next morning the Bencoolen had a signal flying for a pilot, but I was not allowed to hoist one—I never, to my recollection, said that we steered in for the harbour, having a signal hoisted for a pilot—if I ever did say so it was not true, but I do not recollect ever saying such a thing—I do not think I ever did say it—we had no signal flying—when the pilot came on board, he said if the crew would work the sails to his order he would pilot us in—I thought our having only a jury-rudder was a sufficient reason to justify the pilot in saying so—I thought it quite right the crew should be under his orders to get us into port, in consequence of the imperfect state of the ship—we were taken into port the same afternoon, the crew obeying the pilot's orders—at the time the two pilots went to the Bencoolen we were drifting slowly towards the reef—we could be seen from the harbour—we were about four miles from the harbour—the Bencoolen was nearer—she was at the entrance of the harbour, and we were not—she was probably about the same distance, as we were taking the angles of the harbour, but we had to go down in a direction for her before we could get into the harbour—it was nearly a calm when the

pilot came on board—the sea breeze had not set in—it docs not set in till about noon generally there—the pilot was about two and a half or three hours getting us in the four miles—he appeared to be doing his best to get us in—I know Michael Wallace, the prisoner's brother—I saw him at Liverpool—he was on board the Dryad at times—he was very seldom away from her during the day—Captain Loose was often in his company on board—I have seen the Dryad reported as 214 tons—I never saw her register—in my opinion her actual tonnage was about 200 tons, or a little more probably, not between 300 and 400, nothing of the kind—she could not carry 300 or 400 tons of dead weight—she might carry 300 tons of what is called measurement goods.

MR. ATTORNEY-GENERAL. Q. Was any charge ever brought against you of being concerned in casting away the ship Dryad? A. None—when I was in the Compter, I had taken a glass of wine too much—it was before Michael Wallace was apprehended, and I made jocular allusion that I thought I knew where he was, and that was the sum total of it—nothing more has ever been required of me than to attend as a witness—last night I had taken a glass of wine too much—when at sea, I never taste wine or spirits—from the time I sailed from Liverpool till I got ashore at Hayti, I was never the worse for drink—I have heard that Captain Loose is dead, but I have since heard that he sailed for America from Montego Bay, in Jamaica, in a vessel bound for the States of America—when at the Silver Key, the boats were in such a state, that we could have got them afloat easily, and have left her in them—there would have been no difficulty in doing it—we could easily have gone in the boats to Hayti—it would have taken us from ten to fifteen minutes to have got the jolly boat and long boat afloat—the studding-sail booms were not fit materials to make the jury rudder with—a spare topmast is one of the best things when it is on board—it is what is generally used, but there was none on board—the main boom and the spritsail-yard were the two largest spars on board—they could have been spared for making the jury rudder, for that distance—if the jury rudder had been made of those materials, it would have answered better—the Bencoolen was not in a position in which she was in any danger—the Dryad might have been where the Bencoolen was at day-light—I saw the union jack flying at the fore of the Bencoolen, and the English ensign at the aft—I asked the captain to allow me to make a signal, but he would not—we were about two miles from the breakers at that time—we were going in that direction—there were some small flaws of wind, very little—it carried her a little through the water—she was just moving through the water—it was between the sea and land breeze.

MR. PHILLIPS. Q. Did you not drink brandy with the captain on one occasion in the cabin? A. After leaving Anegada, he asked me to go down into the cabin and take a glass of brandy with him, after my exertions, but I did not—I thanked him, but would not take any.

  BENJAMIN SHULTZ . In 1839, I shipped as carpenter on board the Dryad, on a voyage from Liverpool to Santa Cruz, in Cuba—I joined her on the 1st of September—I have recently come from the coast of Africa—I arrived in England seventeen days ago, very ill, and am so now—Captain Loose engaged me on board the Dryad—there were very little provisions on board the vessel—she was very poorly found in tackle and spare spars, and in ropes and rigging generally—after we sailed, the captain ordered me to keep the long-boat in order, to cork her well all round, and

keep her always half full of water, for fear the sun should dry her—the effect of those orders would be to keep her always, ready for sea—always kept two tackles in the boat, as we were in the English Channel, by the captain's orders—I remember the time when the ship hove, in sight of Anegada—it was on a Thursday—I do not know the day of the month—I was at the wheel at the time—I saw breakers about four or five miles ahead, and called Maxwell, the mate, and showed them to him—he told me to heave the wheel down, and turn the ship round, and then, he went to the captain—I put the ship about—at the time I firs observed breakers, she was, steering right toward, them—when I put her round, she was going away from them—the captain came on deck, he cursed me, me away from the helm, hove the helm up again, and asked who had given me orders to put the ship about—I told him I gave the orders myself, I was not a mind to run the ship on a rock in broad day light—I did no tell him the mate had given me orders to do so, not wishing to get him into any difficulty—when the captain put the helm up again she went again toward, the reef—the crew came all aft on the quarters-deck and asked the captain what he had a mind to the captain did not take the helm very long—he went down to the cabin again, I then went to the helm again, and the rest of the crew braced the yard. in order that I might again put the ship round—after potting the helm down a second time, she went away, and cleared the rocks—she was very near the rocks when I put the helm down the second time—she was very close to the rocks when she cleared them about two, minute, longer, and she would have gone fast on the rocks—I know the Silver Keys—we got there on Saturday, two day. afterward,—I saw the rocks there, when we were not very far from them I could just see the breakers, ahead, and saw a lump of rock sticking up—the vessel was going right against the lump of rock—the rock was, a little on the larboard said—the Silver Key is a large shoal—I had the helm at that time—I hailed the mats—he forward look, and then went down to the captain—the captain came up and looked, and said he could not see any breaker, or rock—they were very plain to be seen—the captain had hi, glass, and looked through it—I could see the breaker, and rock with my naked eye from the wheel—about five minute, after a man on the fore yard shouted out there was not four feet of water under our keel, there was a rock—the captain was on deck all this time—he did not do any thing—about five minutes after the man cried out the vessel struck—the captain was very frightened at the time; he was shouting out, "what shall we do, lads? we are lost"—the long—heat was stowed in the boat's gripes on the deck, and the jolly-boat was on the top of her—that is the usual way in which she was stowed—the captain was on deck all the time—nothing was done to get the boats out—when the vessel struck, two pintles were knocked off the rudder, and the rudder un-shipped—this was about even o'clock in the in the morning—the captain did not remain very long on deck after she struck—he went below—I did not see what he was doing below—we took the rudder up and hoisted it on deck, and I then made a jury rudder of such wood as the captain, gave me—the night before we made St. Domingo, the strap the jury rudder to was carried away—this was about nine day. after I made the jury rudder—we ran all along the coast of St. Domingo—there was a life preserver of the captain's on deck at the time the strap came off the jury rudder—the crew said if he put that on they would cut it all to piece—we were about five

miles from Cape Hayti then—we were keeping very close to the shore—there was no reason that I could perceive for keeping so close to the shore—I remember the night before the gun was fired—we kept out to sea that night, and saw a large ship to the northward of us—I saw the breakers off Cape Hayti—we were about five miles from them when the gun was fired—we were steering right on them—the ship's course was not altered at all after the gun was fired—I saw the English ensign flying from the large ship, and that is a signal for a pilot—before we kept out to sea that night I and David Davis, the second mate, had been called by the captain, and asked him what he was a mind to do with the ship—we had no rudder to her—he said it was the best way to keep her for the rocks—we told him we would not do it, we thought it would be better to keep her off the rock, and keep out to sea for the night, and try for Hayti in the morning—he then gave orders for the mate to trim the sails, and keep her off for the sea—we shipped our jury rudder again, and made a fresh strap—I stood at the wheel, and stood out to sea for the night—after the gun was fired from the Bencoolen, I saw a pilot-boat come from the harbour to the Bencoolen—we had not signaled at all for a pilot—we could make out from the Bencoolen firing the gun and hoisting the flag that we were in the wrong place, but the ship's course was not altered at all—we continued on the same course whilst the pilot-boat was coming from the harbour to the Bencoolen, right for the rock—after the boat reached the Bencoolen, she came towards us—the captain did not on that alter the ship's course—the boat bore down to us waving a flag—the captain was on deck at the time—the ship's course was not altered then—when within bail the pilot hailed us, and asked where we were going to with the ship—he at last came on board of us—up to that time our course was not altered, not before the pilot altered it—the breakers were very plain to be seen from the time I first observed them, and when the gun was fired, down to the time the pilot came alongside—we had very little wind—we did not go much through the water—I do not know whether there was any difficulty from the state of the wind or weather in keeping her off the reef—when the pilot came on board he altered the course, and then the wind was very free for us to bear off from the rock—we then made the harbour—we laid in the harbour about nine or twelve days, as near as I recollect—I and the crew complained many times to the captain, when we came into the harbour, we would not go any further with him—we made an effort to be permitted to leave the ship, but we were not allowed to do so—we were not compelled to go en in her—the captain would not allow us to leave—the Dryad left Cape Hayti on the 5th of November—I saw the reef off Cape Cruz—I recollect the day she struck on the reef—it was on the 10th—I had observed the reef about ten minutes before we struck, on a small lump of rock—I know the situation of the reef—we were close to the land all the day, and the day before—the reef was not plain to be seen when we struck—we could not see it then—we could see it very plain in the daytime—the ship's course was not altered to avoid it—Captain Loose was on deck on the night we struck on the reef, and we were acting under his orders—a sailor named Simpson was at the helm—it was about half-past two o'clock in the morning—the captain was never on deck any night except that night—he was on deck when she struck—on her striking, he said to Simpson, "Let go the wheel, and run away, or you may get hurt"—no orders were given by the captain at the time she struck—no effort was

made to get her off—the crew came on deck, and spoke to the captain—the ship did not make a drop of water—while she was fast on the reef I sounded the pump every half-hour, and she made not a drop—there were two pumps on board, but only one that we could use, the other was choked up—there was some iron of some kind in it, we could not work it—it was found so at Liverpool, and I told Captain Loose of it at Liverpool—no alteration was made in it before we left, nor any attempt to clear it afterwards—no orders were given to the crew to get the vessel off the reef—the crew were doing nothing, they were standing on deck, sitting down, and that was all—the captain was on deck for a little while, and then he went down into the cabin—he gave no orders to get her off before going down to the cabin—in my judgment, at the time she first struck, she might have been got off—no effort whatever was made to get her off, nor any orders given by the captain to the crew for that purpose—we left all the sails up, and never touched a sail to take it in—we received no orders for that purpose—the crew were willing to work, it directed—I was willing to work—if an anchor had been heaved out at her stem, and the sails had all been doused, I think she might have been brought off—about ten o'clock that day a canoe came on board—we were hard and fast then—the men in the canoe were Spaniards—the captain asked them if there was not a town close in—they said yes, thirty miles over the mountains, and there was an English consul there—the captain then took a berth with the men in the canoe, and went ashore—he staid ashore till about four o'clock the same day; he then came on board, took a boat and four men, and went ashore again—he told us he had been to the Spaniard's house—while he was gone with the four men in our boat, I and Simpson were left on board the Dryad—the ship was sound up to that time—she was tight enough then—she had made no water—we had a small boat on board—Simpson and I made some sails for her while the captain was gone on shore, and tried her—we went round the ship and some small islands—we saw a cigar-box down at the bottom, close to the stern of the ship, and an iron bolt lashed to it—we got it up, it was close to the window of the master's cabin—when we got the box up there were four or five letters in it—we dried them, and opened them—there were also some leaves of the log-book in the box—the captain came back in the afternoon—next day, about five o'clock, he had some conversation with me and the crew—we left the ship, took the long-boat and left the jolly-boat on board, and went to Falmouth, in Jamaica—it was there the protest was noted—Simpson kept the papers we found in the cigar box—he produced them to the captain, and he snapped them away from him in Jamaica, and gave him 4l. to get them—that was two days after, at Falmouth—I know nothing about the goods on board the ship—I joined her on the 1st of September—I do not know of any goods being brought on board after I came on board—if there had been a large quantity of goods on board besides the ship's freight, which would take a day or a day and a half to load, I must have seen them—I saw nothing of the sort—there was nothing brought from the water-side or pier to my knowledge—after we went to Falmouth, I do not know of any of the crew going back to the vessel—the captain went from Falmouth to Montego Bay—from the time we left the Dryad she was abandoned by the captain—before we went to Falmouth, and after I had sounded the vessel, and found she made no water, I found a hole cut through her under her stern—no rock could have made

that hole—it was big enough so that I could creep my shoulders through—about twelve o'clock the day before the captain asked me if I had sounded the pump—I told him yes, and that she was tight—I discovered the hole in the stern next evening—while the ship was on the rock the weather was very nice and quiet—there was nothing in the position in which the vessel laid on the rocks to account for the hole—when I found the hole, I sounded her, and found five feet water in the hold.

Q. After you had found that hole, and before you started for Falmouth, was the vessel in such a state that she could have been got off at all? A. No, not then—I found the hole about four o'clock in the afternoon—I left her about five the next afternoon for Falmouth—I first saw the hole from the inner part—the door of the captain's state-room was locked, but the hole was in the captain's state-room—he saw it plain—he was in the cabin before we left the vessel, and looked at the hole—he said nothing at all about it—after leaving the Silver Keys we were always among the rocks and breakers—we were afraid of coming on (he rocks, and we kept our clothes in bags ready to save ourselves—I am not able to describe the proper course the ship should have kept.

Cross-examined by MR. PHILLIPS. Q. How long is it since you gave your evidence to the solicitors for the prosecution? A. About seventeen days ago, when I came to Liverpool—I gave it immediately on my arrival—it was taken down in writing—the captain did not several times in the course of the voyage ask the opinion of Davis, the mate, and myself as to what was best to be done in steering the vessel—he did once, that was the night before we came into Cape Hayti—he followed our advice—at Cape Hayti he insisted on my stopping in the ship, which I wished not to do—at day-break the Dryad was about four or five miles off the reef—I am sure she was more than two miles off—I cannot undertake to swear she was three—the pilot came on board about eleven o'clock in the fore-noon—the Dryad was about two miles off the reef then.

Q. From day-break until eleven o'clock she had only gone about a mile towards the reef? A. She went a very little—we had very little wind—the pilot said he would take her into the port provided the crew would obey his orders—he said so on account of the unmanageable state of the vessel and the rudder—I think the vessel was cast away on purpose—I have said she was lost accidentally—I have sworn that she was lost accidentally (The protest was here read, by which Captain Loose declared the ship to have been lost through accidental circumstance; the truth of which statement was attested on oath by Shultz and others.)

MR. CLARKSON. Q. You signed a protest, which you were sworn to, that the statement of the captain was substantially true? A. Yes, I did—I signed it because we had nothing to eat, and the captain promised us our wages if we signed it—we signed it to get our wages—I had refused to sign it once before I did sign it—about 4l. and some shillings was coming to me—I was at Falmouth when I signed it, at a house where the captain was—I had asked the captain for my wages before I was asked to sign it—he promised us, as soon as we had signed it he would give us our wages; but when we signed it he did not give us our wages—he told us to go and look for our own business—Simpson then told him, if he would not pay us our wages, we had something which would soon put him in irons—he began to laugh, and said, "I should like to know what that is"—this was about eight o'clock in the evening—Simpson had not got his wages at

that time—on Sunday morning the captain sent for Simpson—I was not with him—I was in the other room, and did not hear what passed—I saw Simpson when he returned—he had not got the letters with him then—he had four 1l. notes, as he told me—I saw Simpson go to the captain, and when he came out he had the four 1l. notes—I never saw the letters after Simpson came out—I never got any part of my wages—the captain promised me, as soon as I signed the protest, he would give me my wages, and find me in grub till I had a ship; but as soon as I had signed, he told me I might go where I liked, and look after my business—he gave me a note to Wallace to the owners—I left that at Liverpool last voyage.

COURT. Q. What were the four notes you saw, Bank of England notes? A. Yes—I have seen Bank of England notes many times—they were Jamaica notes, 12s. to a 1l.,

  CAPTAIN TATE re-examined. I am acquainted with the navigation of the Atlantic, and have been in the West Indian seas—if a ship sails from England to Santa Cruz, there is no occasion why she should not go on the north side of St. Domingo, bat it is customary to go on the south on that voyage; if a ship went on the north, the course marked in blue lines on the chart is not the proper course to pursue—it is wrong, being so far from the land—she should not have gone on the Silver-bank—that is well known to navigators, and is laid down on all the charts, to the best of my knowledge—when she left the Silver-bank, and got in with St. Domingo, it was not proper to keep creeping along the shore—I should say it was dangerous—in going to Hayti, I should keep further out to sea, to get the trade-winds—she ought to have gone by these red lines—I know of no fair purpose of bringing her so close to St. Domingo—if the ship came by the north side of St. Domingo to Cape Cruz, the red-line marks on the chart is the course I should take as the proper one—there would be no difficulty in getting there by that course—the blue-line marks, close in shore, would not be the proper course—there are a great many reefs off Cape Cruz, which are well known to navigators, and laid down in the charts—I know the reefs the Dryad got on, on the 10th or 11th of November, from the chart—it is distinctly laid down in the charts—by keeping on this red line the reefs might be easily avoided—I think I never saw this reef, but there are generally breakers, which give notice of a reef—Maxwell was about nine months on board my ship.

Cross-examined by MR. DOANE. Q. When examined yesterday, you said you saw from the Bencoolen the Dryad, and at that time there was a light wind? A. There was a very light wind baffling about—I cannot say in what direction—when I saw the Dryad in port, the temporary rudder might tend to make her unmanageable—it would of course render a vessel less manageable, but not unmanageable—I have crossed the Atlantic eight or nine times—I have gone by the north passage—I was obliged, as I was bound to Cape Hayti—I never made a voyage to Cuba—I did not go beyond Hayti—when I was on board the Dryad I did not see down the main hatch—I believe it was closed—when I saw the Dryad from my vessel, she must have proceeded 120 or 130 miles from the Silver Keys to be where I saw her at Cape Hayti—where she struck was about sixty miles from land.

MR. ATTORNEY-GENERAL. Q. With the knowledge you subsequently acquired of the state of the ship's rudder, are you aware of any thing, when you fired a gun and gave signal to her, which would disable her from

steering off the reef? A. I believe not—I have no doubt she might have been brought round before.

MR. FROST re-examined. After the prisoner was taken on this charge I saw him in the Compter—I was sent for, and expressed my sorrow at finding him in such a place—he declared himself to be an innocent man, and that his brother was a big scoundrel; that he was only acting as agent for his brother, and he knew not but that the goods were shipped that were supposed not to be shipped.

Cross-examined by MR. PHILLIPS. Q. I suppose up to that period you had a high opinion of him? A. I had—he resided in London, and, as far as I knew, conducted himself fairly and honestly.

  JOHN ROE . I am an officer of the City of London. On the 27th of November, I took the prisoner in custody, at the Jerusalem Coffee-house, Cornhill—the clerk of the room called him—he came to the door—I said "I should be glad to speak to you, sir, if you please"—he came outside—I said, "Do you know a person named Stott?"—he said, "Yes, I do"—I said, "Did you insure goods on board the Dryad?"—he said, "Yes, I did"—I said he must consider himself in my custody—he said, "It is all right, you may depend on it"—I took him to the Mansion-house—I found a bunch of keys on him—he was examined at the Mansion-house—I took him to the Compter—he said, "Ah, Mr. Roe, you ought to look after my brother, he is the most guilty party in this matter, and that you will find; you will find the policies are signed 'Michael,' and not 'Patrick, except the Maritime, in which I acted under his instructions"—I then went to his lodging, 40, Windsor-terrace, and found some papers there, which I delivered to the solicitor for the prosecution—among them was this book, marked "W W"—I apprehended Michael on the 17th of December, at a place called the Pothouses, in Lancaster—No. 4—it was a poor cottage, just in the outskirt of Lancaster—I had been trying to find him before that, both in London and elsewhere—I found this portfolio and papers at the prisoner's lodging.

Cross-examined by MR. DOANE. Q. You found Michael close to an arm of the sea? A. Yes—I saw the prisoner's two sisters in custody, and afterwards the wife of Michael.

  HENRY COTTON . I am a clerk in the London and Westminster bank. The prisoner, Patrick Wallace, had a deposit account with that bank in January, 1840—I produce a book, in which parties who open accounts enter their signatures—I cannot be certain that I saw him write his signature—I have seen him at the bank—I knew his person—on the 22nd of January this cheque for 1012l. marked "I" was paid in to his account, and on the 5th of February, this cheque for 715l. marked "F"—they make together 1727l.—there was added to that account 2l. 2s. 10l. for interest on the 20th of March, and 2l. 6s. 8d., making together 1731l. 9s. 6d.—5l. was drawn out on the 5th of February, when the 715l. was paid in—on the 8th of February 250l. was paid out, and a new receipt given for the balance, 765l.

Q. Then from time to time you gave an acknowledgment for balances? A. Yes—on the 20th of March 34l. 2s. 10d. was drawn out, and 12l. 6s. 8d. on the 24th of March—these added together make 301l. 9s. 6d.—deducting that from 1731l. 9s. 4d. the balance remaining is 1430l.—that was to the credit of Patrick—on the 26th of March that 1430l. was drawn out—when I paid the 250l., on the 8th of February I

paid it, partly in a 200l. Bank of England note, No. 83633—I paid the 1430l. in one 1000l. note, No. 40633; two 200l., Nos. 84817 and 88505; and one 30l., No. 15515.

Cross-examined by MR. DOANE. Q. Before the 22nd of January Patrick had deposited money there? A. Yes, I cannot say how long before—I have not the book with me—I cannot tell whether it was a week or a year—I could tell by reference to the book at home—it was of course more than a week—he has been constantly in the habit of paying in sums of money, I should say, for about a year.

  JOHN SAUNDEKS . I am in the London Joint Stock Bank. In February last Michael Wallace, the prisoner's brother, had a deposit account there—on the 8th of February there was paid in to that account a 200l. note, No. 83033—that was the first transaction, when the account was opened—it was paid in by Michael Wallace himself.

  JOHN KEMPSTER . I am a clerk in the Bank of England. I produce four Bank-notes, one for 1000l., dated 13th January, 1840, No. 40633; one 200l., No. 84817; another 200l., No. 88505; and one 30l. No. 15515—they were all brought into the Bank together, on the 26th of March, 1840, in the name of Wallace, 18, Cooper's-row, Crutched-friars—I paid 1430

sovereigns for them.

  WILLIAM HERBERT MULLINS . I am a stock-broker. I know the prisoner—on the 27th of March, 1840, I made a purchase of stock by his order—the consideration paid for the stock was 1100l.—he paid for it all in sovereigns—I did not buy it in his own name—it was bought by his directions, but was transferred into the name of Catherine Wallace.

MR. COTTON re-examined. In February, 1840, Michael Wallace had also a deposit account at the London and Westminster Bank—I have seen him at the Bank, and knew his person—this cheque for 500l. marked "E, E" was paid in to the credit of his account, on the 1st of February—there was 1065l. to his credit before it was paid in—this cheque for 700l., marked "F F," was paid to the credit of his account, on the 6th of February; and this cheque, marked "C C," of Selden and Johnson, 1278l. 18s. 6d. was paid in to the same account on the same day—these sums together make 3543l. 18s. 6d.—there had been taken out from this account 78l. 18s. 6d., and 10l., making 88l. 18s. 6d. leaving a balance of 3455l.—that balance was drawn out on the 7th of February, the day after the last cheque had been paid in.

  JOHN BRYANT PRIESTMAN . I am clerk to Smith, Payne, and Smith. On the 7th of February, 1840, 3400l. was paid into the Bank to the credit of M. S. S. Wallace—he did not keep an account with us—the money was received through the British Linen Company.

MR. PHILLIPS to BENJAMIN SHULTZ. Q. You say there was a seaman named Fitzpatrick on board, do you know where he is? A. No—I do not know whether he is in London—I have not seen him lately.

  CAPTAIN TATE re-examined. Maxwell was with me on board my ship—he has been in London three or four times since the loss of the Dryad.

MR. PHILLIPS called

  WILLIAM CARPENTER . I am an engraver, and live at No. 5, Great St. Helen's. I have known the prisoner personally and intimately for six years—he has borne the most perfect character for honesty during that time.

MR. ATTORNEY GENERAL. Q. Do you know any thing of a ship called the Delta? A. I knew the ship, that is all—she was commanded by the

prisoner's brother, Michael—I do not know that Loose was the mate—I understood that ship was lost—the prisoner never told me whether he had effected insurances on that ship—I am confident of that—he never mentioned whether he had goods on board, or had effected insurances on goods in that vessel—I do not know any thing of the Lucy—I do not know Mr. Houston Wallace—I know Michael—I know nothing of the Lucy—I have heard of her—I have heard of her being lost, by reading it in the newspaper.

Q. Did the prisoner never say any thing to you about the Lucy? A. He may have mentioned it to me incidentally—he may have mentioned her loss to me incidentally—he did mention to me that the Lucy was lost—I cannot tell when he mentioned it—he did not mention whether be Lad any insurance on the Lucy—I first heard of the loss of the Lucy during the examination at the Mansion-house—I never heard it before—the prisoner never mentioned her loss to me at all.

Q. You said he had mentioned it to you incidentally? A. Oh, no, I never heard of it previous to this case coming on—I never had any conversation with him about the loss of the Lucy—I first heard of it at the time of the examination at the Mansion-house—I never heard him say he had any interest in it.

MR. PHILLIPS. Q. Did you ever see the prisoner since he has been in prison? A. I saw him in Giltspur street—I have heard of the Governor Fenner, that was run down in the Channel—I never heard him say he had goods on board her.

GUILTY . Aged 25.— Transported for Life.

FRIDAY, March 5th, 1841.

First Jury, before Lord Chief Justice Tindal.

THE QUEEN against   MICHAEL SHAW STEWART WALLACE .

The prisoner was charged by the same indictment as PATRICK MAXWELL STEWART WALLACE, with the like offence, (page 637,) but was not tried with the said Patrick Maxwell Stewart Wallace, having severed his challenge!.)

George Herring, see p. 637; Samuel Bickley, p. 638; Richard Janet Sheppard, p. 638; James Gray, p. 639; Michael Wills, p. 643; Thomas Johnson, p. 644; Robert Selden, p. 645; Henry Hall, p. 645; William Stewart, p. 646; Oliver Thomas Lyndall, p. 646; Francis Louis Philip Secretan, p. 646; Samuel Marshall, p. 646; Robert John Lodge, p. 646; Charles Bahr, p. 646; and Peter Kelly, p. 647, gave the same evidence as in the former trial.

  ALEXANDER HOWDEN , in his examination in chief, gave the same evidence as in the previous case.

Cross-examined by MR. JARVIS. Q. Michael was the ship's husband; I believe it is the duty of the ship's husband to be at the port of sailing at the time the vessel sails? A. Yes.

MR. CLARKSON. A. Was it his duty to see what was put into her? A. No—his duty was to look after the fitting of the ship—he would have an opportunity of seeing what was on board—she had come to Liverpool, I believe, in July, on a voyage from the Brazils—the outfit cost 269l., odd—the prisoner charged us with one-fourth of that—I have not seen the vessel for two years—I was not informed by the prisoner that he had effected an insurance in the Ocean—I never heard of it till J was at the Mansion-house.

  JAMES STOTT gave the same evidence, on his examination in chief, as in the former case.

Cross-examined by MR. JARVIS. Q. Did Michael carry on business in Cooper's-row? A. Not to my knowledge—his father and family lived there—I cannot say whether he did—I lived nearly seven years with Seldon and Johnson—they carry on a highly respectable business—I decline saying why I left them—I left in July or August, and did nothing for the remainder of that year—I lived with my father, in Bishopsgate-street—in the beginning of 1838 I was employed by the Metropolitan Gas Company for three or four months—I then obtained another situation, thinking I should not obtain the security the Company required, and between the two stools I fell to the ground—the situation was with Mr. Harvey, of Hatton-garden—I was there a day or two—the clerk, who was leaving, remained, and I was not wanted—the Company had then another person, and I did nothing for three or four months—I then commenced business in Lower Thames-street, as a Custom-house agent—I remained there four or five months, and then dissolved with my partner, Mr. Stanley, because we could not make sufficient out of it—he continued the business there, and I went to Seething-lane, as a ship-broker and Custom-house agent—I remained there nine months—I gave up business there then, because I obtained a situation at John Nichol and Co.'s, George-yard, Lombard-street, and there I remained till I was taken into custody on this charge—I was kept in custody five weeks—I do not know whether it was at the last examination, or the last but one, that I was examined as a witness—I was not examined by the solicitors before I was examined at the Mansion-house—I had no communication with the solicitors, nor any body, but my own adviser, Mr. Hobler—I stated to Mr. Hobler what I knew or could prove—the balance of the account I paid Patrick was 200l. out of the last insurance—that was deducting 53l.—that is not the usual rate—the usual rate did not amount to 53l.—he gave me the money for the premium besides, at the time the insurance was effected.

MR. CLARKSON. Q. Is it usual to have the trouble you had, as his agent, to effect the insurances and obtain the money? A. Very unusual—I had immense trouble—an immense number of difficulties occurred, to which I have not been examined—I received the 53l. in consideration of the additional trouble I had, but the greater part was due to me for other matters—the Magistrate expressed his regret that I should have been placed at the bar—I did not leave Seldon and Johnson for any dishonest act, or any thing affecting my moral character at all—it was a matter peculiarly my own—it was respecting a female.

MR. JARVIS. Q. Who were you speaking to just now? A. Mr. Gray—he recommended me to answer the question.

— FROST. I know the handwriting of Captain Loose—I believe these four bills of lading to be his writing—I cannot swear to this one, but these I can swear to be his handwriting—I know Michael and Patrick Wallace, and also Captain Loose—Loose has been in the prisoner's employ three years or three years and a half—I knew him when he was mate to the prisoner on board the Delta—the prisoner commanded the Delta, to my knowledge, about three or four years back, how long before I do not know—I was not at all acquainted with any of the transactions of the Dryad, as between Michael and Patrick—the prisoner acted as the agent of the Dryad—he was the agent in London, but occaisonally his brother Patrick paid the accounts, when he was not in the way—I transacted business with them, in reference

to the Dryad—as far as I was concerned, Patrick acted as agent to the Dryad when Michael was at Liverpool.

Cross-examined. Q. When his brother was in town, Patrick paid accounts to you? A. Yes, on two or three occasions for his brother, for goods supplied to ships—Michael was ship's husband, as far as I know—Loose is dead.

MR. CLARKSON. Q. Have you heard of his death by any other means than what people have told you? A. Yes, by receiving his effects, and the amount of money I have named—his death was testified by the whole ship's company of the Premier—I saw the ship's company—I did not receive any thing by way of effects, except as money for the salvage.

COURT. Q. Who gave you the effects? A. Captain Cuddy, of the Premier—called on me in July last—she is an English vessel, belonging to Belfast—he gave me the whole of his clothing, a bill of exchange for 400l. and cash amounting to 97l.

MR. CLARKSON. Q. Of the fact of his death you know nothing of your own knowledge? A. I was not there of course—when Captain Cuddy was in London, nothing respecting the loss of the Dryad had been brought forward—I have not seen him since it has been discovered—it was on the 20th of July I received the papers from him, and on the 22nd of July I delivered the papers to Patrick Wallace, by my own dictation—I was not an acquaintance of the Wallaces—I called at the office to see the prisoner, but he was not there, and I left the papers in Patrick's hands, to give to Michael—that was at their office in Crosby-hall—to the best of my knowedge they were both carrying on business there—it was the first time I was ever there—I knew them in Cooper's-row—that is the office where Michael did his business, but it was Patrick's office—the agency of the ship was carried on there—Patrick acted as Michael's agent, during three or four voyages of the Dryad, the Delta, and the Lucy.

COURT. Q. What are you? A. A sailmaker and ship-chandler, at No. 320, Wapping—I became acquainted with the prisoner about six years back, in the way of my trade, and he has occasionally dealt with me since.

MR. CLARKSON. Q. You say you delivered the papers you received Captain Cuddy to Patrick, did you afterwards see the prisoner on the subject? A. I did, I accompanied him to Messrs. Howden and Ainslie with the 400l. bill—I delivered the bill to Mr. Howden and the prisoner—I went there by the prisoner's appointment—I met with him on the way—Captain Loose had a mother living on the 30th of July.

(RONALD MAXWELL, in his examination in chief, gave the same evidence as in page 652; and, looking at Zulucta's bill of lading, added, "I saw goods on board marked as in this bill of lading."

Cross-examined by MR. JARVIS. Q. You saw some goods on board the Dryad marked as in Zulueta's bill of lading? A. Yes—the day after I joined her—I often went into the hold after the vessel sailed from Liver-pool, for water—the provisions for the crew were kept in the forecastle—that is where provisions for the ship's use are sometimes stowed, according convenience—I have been in ships where some were in the hold—the salt was in bags in vessels smaller and greater than the Dryad—consider that know those seas perfectly—it is the duty of the car bags there, I could not say how many—I had often sailed in those seas before, to the West Indies, in vessels smaller and greater than the Dryad I—consider that I know those seas perfectly—it is the duty of the carpenter in hot climates to keep the long-boat damp, and likewise to rub the the ship with flannels—it is not usual to have the tackles rove

at sea—she was the first ship I was ever in that had them rove—when we got out of the channel, we unrove the tackles, as we wanted the rope for other purposes—the channel is not very crowded coming out of Liverpool—there are a great many ships going backwards and forwards—we had some heavy weather on the way from Liverpool to Carlingford—that is in the channel—it carried away our fore and topsail-sheet in one night—we had our tackles rove then—the log-line is merely to ascertain the rate at which we are sailing, the distance per hour—I never went a voyage before with a pump choked—we had three pumps on board, two which ought to have been to keep the ship free from water, and one to keep the deck clean—it was the larboard pump that was choked—I wanted to lift it—. we could have done that without removing the cargo—I was led to believe there was a chronometer on board, but I never saw it—I kept the longitude by dead-reckoning—vessels of that sort do not frequently go by dead-reckoning, probably some do it, but not at the present day—there have been cases of it—the wind was not very fresh at Virgingorda—we were going about four or four knots and a half, at a rough guess, within half a mile—we had our studding-sails set—it is not at all difficult to bring round a vessel with the studding-sails set—I consider it helped the ship round—it is very seldom done—when time is allowed, and there is no danger, it is the practice to take down the studding-sails before you go about—the captain d—d me for not taking them down before putting her about—I think we deviated from our proper course about longitude 59 west, latitude 17 1/2 or thereabouts—I made that out by dead-reckoning—I made it with sufficient accuracy to swear to it—we had not got the tackles rove when we struck on the Silver-keys—we rove them after we struck—it took us ten or fifteen minutes to do it—when the Bencoolen fired the gun off Cape Hayti, I went down into the cabin and told the captain the ship to northward bad fired a gun, and hoisted her ensign, and I thought we were getting too near the reef—he said, "That is nothing to me"—I am sure I told him we were getting too near the reefs or that we were standing too close in, or something to that purpose—I cannot exactly mention the very words—I did not mention that before, because I was not asked that particular, or else I should have given a correct answer I did not swear that what I told the Attorney-General was the whole that passed, but I was not asked any thing else that transpired—I was not asked about it yesterday—that is the only explanation I can give—I returned to Liverpool on the 22nd or 23rd of July, and have remained there ever since—I have not been to sea since—I have been shipping seamen for the merchant service on my own account—I first came to London on this business on the 1st of December—the Lord Mayor of London sent for me.

COURT. Q. Was the ship's water kept in the hold? A. In the fore-hold—it was the cook's place to bring it on deck—it was next to the crates of earthenware—there was room to go along the whole of the hold—there was no bulk-head in the ship, either fore or aft—I had an opportunity of seeing how the ship was loaded—one-third of the hold was vacant, and that was the ship was loaded throughout the whole voyage—there was nothing put out of the hold during the time I was with the ship—if there had been a quantity of goods brought on board, and put into the hold after I was on hoard, I must have seen it—I was in the cabin every day—there were no goods stowed away there to my knowledge.

  BENJAMIN SCHULTZ deposed on his examination in chief, as in the former trial, stating, in addition—"Captain Loose, on seeing the hole in the vessel,

said, 'Well, she has knocked a hole through her bottom now'—we asked him how the hole came there—he laughed, and did not make us any answer."

Cross-examined. "The hole was about two feet and a half square, and was above the copper, nearly level with the water—the sea almost rolled into it—it was cut from the inside—it was cut through the lining of the cabin, and through three ribs, and a three-inch oak plank—we were on deck, and did not hear any hammering or noise—it would have taken me a couple of hours to make such a hole with all my tools—I did not know, when I swore to the protest at Falmouth, that there was an agent of Lloyd's living there, nor any English magistrate—the gentleman who read the protest to me, read it in English—I returned to England from Africa eighteen days ago—I have been in London since last Saturday—I have not seen Maxwell till I saw him in court yesterday."

re-examined. "The captain's state-room was kept locked—when the hole was first began I do not know—there were none of the main ribs or timbers of the vessel in the part where the hole was cut—the necessary goes through there, and there is a lead pipe which, I suppose, would make it easier to make a hole there than any where else—I did not know whether the vessel was insured or not—the colonel and captain of the port at Hayti are blacks." Adjourned.

SATURDAY, March 6th, 1841.

THE QUEEN against MICHAEL SHAW STEWART WALLACE—continued.

(ALFRED JOHN TATE gave the same evidence as on the former trial, p. 651.)

  JOHN ROE . I am a police officer of the city. I took Patrick Wallace into custody on this charge on the 27th of November—he was taken to the Mansion-house that day, and a short examination gone into—I made inquiry after the prisoner from that time about London without effect—in consequence of information, I left London on the 16th of December, and proceeded to Lancaster, where I arrived on the 17th—I there apprehended the prisoner—I found him in a small cottage just by the arm of the sea, just at the outskirts of Lancaster, at a place called the "Pot-houses," No. 4—I found him in the name of Wallace there—I inquired for the name of Williams, but I ascertained from the woman of the house, after I apprehended him, that he went under the name of Wallace—I found him in the first-floor front room—there was a bed in the room—it was a very mean sort of house, kept by a laundress—I said to him, "Is your name Williams?"—he said, "No"—I did not know his person before—I said, "But your name is Wallace?"—he said, "It is"—I said,' You must consider yourself in my custody"—he made no answer—I did not tell him what for—I searched the room—I found in a bag 116l. 10s. in gold and notes—I found some newspapers—I have one of them here—it has a report of the hearing of his brother at the Mansion-house—the newspapers now produced are what I found, but not the whole—there might be two others—they were not marked as they are now—I have marked them since—after leaving the house, I said to him, "You are charged with being accessory before the fact as to the losing of a vessel"—he said, "The reason I came down here was because I would not give evidence against my brother"—I searched his person, and found three keys.

Cross-examined. Q. Do you know whether Michael was a bankrupt?" A. I have reason to believe so—about that time.

  MARGARET SUTHERLAND ROBINSON . I was in the service of the prisoner

and his wife, from the 17th of September up to the 27th of November last, at No. 40, Tredegar-square, Mile-end-road. I remember my master coming home about five o'clock on the afternoon of the 27th of November—he appeared to be rather flurried—he dined with Mrs. Wallace—they took about an hour at dinner—after dinner he gave me a note to take to Upton-lane, West-Ham, where Mr. Howden lived—I think it is about three miles from Tredegar-square—he gave me a sovereign to get change, and ride in the omnibus—I did not find any omnibus, and walked—Mr. Howden was not at home when I got there—I left the note—the prisoner had told me, if Mr. Howden was at home, to wait for an answer, and if not, to return as soon as possible—when I got home, I found Mr. Howden at the door—I had a key, with which I opened the door, and we went in together—my master was out—Mr. Howden saw Mrs. Wallace—he stopped about half an hour, and then left—he came back again a short time after—I let him in—he asked for Mr. Wallace—he waited about half an hour, and then left again—about ten o'clock, Janet and Catherine Wallace came in a cab—Mrs. Wallace was then in the parlour, and they joined her—after they had been there some time I was called up—I went up to them—Mrs. Wallace was coming out of the room as I went in—she was crying—I received directions from Janet Wallace, in consequence of which I packed up my goods, received my wages, and left that night—I had had no warning given me, and had no idea I was going to leave—Janet paid me my wages—when I returned from Upton-lane, I observed the remainder of burnt papers in the kitchen fire-place—there were none there when Mr. Wallace sent me away with the note—the fire was out—some water had been thrown over it where the burnt papers were—there was no other servant in the house besides myself—I never saw the prisoner afterwards till I saw him in custody.

Cross-examined. Q. Do you mean that water had been put on to put the fire out? A. Yes—the water had been thrown on the fire—Miss Janet bad hired me.

MR. CLARKSON. Q. Did she hire you for Mrs. Wallace? A. Yes, I was hired at Windsor-terrace to go to live at Tredegar-square.

MR. JARVIS. Q. Did you live with Mr. Wallace when he was first married? A. No—he was married in April, I believe.

  RICHARD CONODON (police-constable K 267.) On Sunday night, the 6th of December, I was on duty in Tredegar-square, and observed No. 40—I looked at the door, and saw the key-hole was full of grease—I put my hand against the door, and it flew open—I waited about half an hour till the sergeant came round, about eleven o'clock, and he and I then entered the house—I found nobody there—the house was furnished—I went into the dining-room—there were some bottles on the table, some with wine in them, and some not, and glasses also on the table—I went to the bed-rooms, the beds were made—we pulled out a drawer or two, and there was linen in them—I remained in possession that night and Monday night—I was relieved in the morning—I took possession on Tuesday night—while I was in possession nobody came to claim the house.

Cross-examined. Q. Do you know that Mrs. Michael Wallace had gone to her father-in-law in Windsor-terrace? A. No.

MR. JARVIS to JOHN ROE. Q. When did you see Mrs. Michael Wallace first? A. At the Mansion-house—I do not know that she was residing with her father-in-law at Windsor-terrace, some time before that—I know she resides there now.

  ALEXANDER HOWDEN re-examined. I received a 400l. bill of exchange

from Mr. Frost and the prisoner—I had no idea at the time what it was the proceeds of—I gave a receipt for it—neither of them told me what it was the proceeds of—this paper marked "O O" is the receipt I gave Mr. Frost for it.—(This receipt was dated London, 30th of July, 1840.)—When the bill came to maturity, the proceeds of it came into my hands—we received the money at our bankers', on the 23rd of November—the proceeds have remained unapplied from that time to this—I believe the prisoner knew that—he has never applied to us for it.—(The letter marked "A A" was here read, as informer trial, p. 644.)—I had, before I received this letter, effected an insurance of 2000l. on the ship, and 300l. on the freight—the prisoner knew that—the prisoner never accounted to me for any portion of the 500l. effected with the Ocean.

Cross-examined. Q. Who do you bank with? A. Williams, Deacon, and Co.—two days before the 400l. bill fell due, we handed it to a bill-broker—we received the proceeds from the bill-broker, and paid it to Messrs. Williams and Co. in our name.

(Henry Cotton, see p. 664; John Saunders, p. 665; John Kempster, p. 665; William Herbert Mullins, p. 665; and John Bryant Priestman, p. 665; gave the same evidence as in the former case.)

MR. STOTT (looking at the four notes produced by the witness John Kempster.) The name and address on the 1000l., and one for 200l., is in the handwriting of Patrick—that on the other 200l. and 30l. is in my writing—I wrote that by Patrick's direction.

Cross-examined. Q. Did not Patrick receive gold for these notes? A. He did, in my presence.

(The various documents produced and read on the former trial were put in and read on this.)

MR. STOTT re-examined. The body of this letter is in the handwriting of Patrick, and the signature is Michael's—(read)—"To the Manager of the British Linen Company's Bank, Edinburgh.—18, Cooper's-row, London. 7th of February, 1840.—Sir, I beg to inform you that I have paid into the hands of Smith, Payne, and Smith, bankers here, 3,400l., to be deposited in the British Linen Company, in my name. I am, Sir, your obedient servant, M. S. WALLACE."

"P.S. Please send me a deposit receipt in the course of post, and mention the rate interest you now allow."

GUILTY . Aged 29.— Transported for Life.