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offence he could not better describe than in the words of a great and eloquent judge, Lord Stowell, in this Court on a similar occasion. When sitting as Judge of the Admiralty, and on charging the Grand Jury on a case similar to the present, Lord Stowell said, "One peculiar case will call for the most diligent application of your powers of inquiry-the offence of sinking a ship and cargo with intent to defraud the underwriters. To you, who are commercial men, it is unnecessary to say much on its malignity; it strikes at the root of the maritime commerce, and consequently of the power and the security of this country, so intimately connected with the prosperity of its maritime commerce. It is owing to the property of that class of men, the insurers, who by dividing the risk increase the security of private individuals, and give the benefit of large capitals to the adventurer of slender means, that our commerce has triumphed in its activity over all competition." He would now state very shortly an outline of the facts which would be laid before the jury, and upon which they would have to determine the guilt or innocence of the prisoner at the bar. The prisoner, Patrick Maxwell Stewart Wallace, lived at 40, Windsor-terrace, City-road, and carried on his business at No. 18, Cooper's-row, Crutchedfriars. He was an importer of bristles and other Russian produce, and he likewise dealt in ale and porter. Michael Wallace lived in Tredegarsquare, Mile-end, and carried on his business also at 18, Cooper'srow. He was a shipowner, and, amongst others, he had a share in a ship called the Dryad. He owned three-fourths of that vessel, a brig of 204 tons burden. The

other one-fourth belonged to the firm of Howden and Co., and Michael had mortgaged his threefourth share to his sister, Janet Wallace. On the 25th of July, 1839, the Dryad was chartered by Messrs. Zulueta and Co., a house which has a place of business in London and likewise an establishment at Liverpool. The ship, at the time of the charter, was lying in Liverpool, and, as the terms of the charter were material, he would state its substance. The whole stowage was chartered to Zulueta and Co. for a voyage to Santa Cruz, in the island of Cuba, for 300l., of which 2001. was to be paid before the vessel sailed, and the remaining 100%. when the cargo was delivered. The entire stowage was thus hired by Zulueta and Co., and they alone had a right to load any goods on board her for that voyage. He would now proceed to state the insurances which were effected on this occasion. He had already told the jury that Howden and Co. were the owners of onefourth of the Dryad, and they, by direction of Michael Wallace, effected an insurance on the ship (which by itself was perfectly legitimate) for 2,000l. This was done with the privity of Michael Wallace, and a sum of 1,375l., being his share or proportion of the insurance, was afterwards paid to him in 1840, when the total loss was claimed. Another insurance had likewise been effected by Howden and Co., at the request of Michael, for 300l., on the freight of the vessel, which also had been paid. In these two insurances there was nothing that could reasonably excite suspicion, but he now came to two insurances which most undoubtedly

were fraudulent.

These were ordered by the prisoner Patrick Wallace to be effected on goods on board the Dryad, for a voyage from Liverpool to Santa Cruz, he having no goods on board, contemplating the shipment of no goods, and, as it seemed to him, only having in view the casting away the ship, and then making a false claim upon the underwriters. The first policy of the sort was for 7157., which Patrick ordered to be effected in the name of Michael. This was effected with the Alliance Insurance Company, and bore date the 24th of August, 1839; and was declared to be on six cases of flannel, containing forty pieces each-on cloth and cotton goods, valued in the whole at 7157. There was a pretended bill of lading of these goods, which was signed by Edmund Loose, the Captain of the Dryad. Now, according to the rule laid down, it was indispensably necessary he (the Attorney-General) should make out, that Loose had been guilty of the offence charged against him in this indictment; and one material fact upon which he founded this charge was, that he (the captain) had signed bills of lading for goods which were never on board the ship.

Mr. C. Philips interposed.-His client stood charged with a substantive felony; and at this stage of the proceedings it was perhaps right he should take the opinion of the Court, whether any act or declaration done or made by Loose in the absence of the prisoner could be adduced in evidence against the

prisoner.

The Attorney-General submitted, that this was part of the res gesta. It would be impossible for him to establish the guilt of the

Captain, except by showing what he did until the crime was consummated.

Lord Chief Justice Tindal. — You have a right to give in evidence such words as the law holds to be equivalent to facts.

Here

The Attorney-General. they had the Captain signing bills of lading for goods which never had been shipped, and for what purpose did he do so, except that, knowing insurances had been effected, he had the full intention of casting away the ship? This first bill of lading was in the name of Michael Stewart, and was dated the 20th of August, 1839. This policy was effected by a broker of the name of Stott, and early in the year 1840 Mr. Stott came to the Alliance Company and claimed for a total loss. He was paid 80 per cent. at first, and, there being a rumour that some of the goods had been saved, the Insurance Company required an undertaking, that if any were saved they should be accounted for for their benefit. On that occasion a document was given, which was very material for the consideration of the jury, for it professed to be signed by Michael, when in point of fact it was signed by Patrick Wallace, the prisoner at the bar. It was to this effect:-"I hereby agree, in case any goods shall be saved, to indemnify you for the amount they may be sold for, less all charges.' Upon this a total loss, which was afterwards handed over to the prisoner, was paid. The next policy was likewise on goods, to the amount of 1,2647., and was effected by Stott, under the order of Patrick Wallace, with the Maritime Insurance Company. It was effected in Stott's name, on the

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h of August, 1839, on beef, rk, butter, cotton prints, and her goods, no parts of which ere ever shipped or loaded on Dard the Dryad, although the aptain had signed another false ill of lading in the name of the risoner Patrick Wallace, by which e professed to have received those goods. On this policy, also, a otal loss was claimed by Stott, and again an undertaking was required by the insurance-office. This undertaking, to the same effect as the other, was given on the 9th of October, 1840, by the prisoner at the bar, and upon it the claim was paid. He now came to certain insurances which had been effected with the Neptune Insurance Company, and the first of these was for 7001, on the body of the ship, ordered by Michael, through Messrs. Selden and Johnson, the brokers. This he must charge as a fraudulent insurance; because the former policy for 2,000l. was enough to cover the value of the ship; but upon this policy a total loss was claimed and paid to Michael Wallace. Another policy with the Neptune Company was ordered by Michael, and effected through the same brokers, for 700l., upon the freight of the Dryad. On this policy also a total loss had been claimed and paid. There was a third policy with the Neptune Company for 6877., through Messrs. Lendell and Hall, and it was on goods, which goods never were shipped, though, as before, a fraudulent and false bill of lading, in the name of Patrick and Michael Wallace jointly, had been signed by Loose, the Captain. The goods purported to be beef, pork, butter, earthenware, &c., and again a total loss was

claimed, again an undertaking or indemnity was demanded, and again a total loss was paid. There was likewise another policy which had been effected with the Indemnity Company, on the order of Michael Wallace, for 6001. on the freight, and on this a total loss was claimed and paid on the 30th of January, 1840. Another policy still remained; Michael Wallace was down at Liverpool, superintending the outfit of the ship, and there he effected another policy upon the brig Dryad for 500l., on which also a total loss was paid. Now, how stood these insurances ? There were insurances for 2,6661. on goods which never were on board the Dryad; then there were policies on the ship and freight to the amount of 2,500l., exclusive of those for 2,300l., to which no suspicion could attach. Now, there might be a variety of opinions as to the value of the ship and freight, though he believed it would turn out that both had been greatly overvalued; but, with regard to the goods which never had been shipped, no variety of opinion could possibly exist. The vessel, he had already told the jury, was lying in Liverpool; that she had been chartered by Zulueta and Co., who loaded her with goods, which they insured at 3,000l., and no goods were shipped except by Zulueta and Co. He should call their clerk, who had superintended the shipment, and he would tell the jury that no other goods whatever were put on board, and that at the time the vessel sailed she was not more than two-thirds full. He (the Attorney-General) would do more-He would give in evidence a declaration made by the Captain, as required by the sta

tute 3 and 4 William 4th, that he had no other goods on board. He should further show, by documents from the Custom house, that no other goods but those of Zulueta and Co. were shipped. He should be able to prove that, instead of there being a large stock of provisions on board, as the bills of lading seemed to indicate, the vessel was actually deficient of the means of subsistence for the crew during the voyage. Now, what had been the intention of the Captain and those who acted with him? They had laid out large sums in premiums on policies effected on goods which had never been purchased or shipped, and their object was wilfully to cast away the ship, and then come upon the underwriters and get from them the payment of the sum of 4,000l. From the facts he was now about to state, the jury would see that such was in the contemplation of the Captain, and that he actually carried that scheme into effect. The vessel sailed from Liverpool, bound to Santa Cruz, on the 7th of September, 1839, and almost from the beginning of the voyage circumstances occurred which excited the suspicions of the crew. example, the larboard pump was choked up. The Captain gave

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orders that two tackles should be affixed to the long-boat, whereby it was ready for service at any moment it might be required. The ship proceeded, and it would be found that something took place off the coast of Ireland, to which however he would not now particularly refer; it would be found. that the ship did not pursue the track she ought to have pursued. She met with no stress of weather, and the Captain all the time had

full command of his course. It would appear he ought to have steered by the south side of the island of St. Domingo, and so on to Santa Cruz-that such was the direct and usual course, but he thought fit to go to the north side of Hayti, or St. Domingo. At Anagada he made an attempt to run the vessel on a reef of rocks. That attempt, however, did not succeed, and he proceeded. He kept close in shore, creeping along until he came to a place called the Silver Keys, and there again he made a direct attempt to run the ship upon a reef. He was warned of what he was about, not only by those who were on board with him, but a signal gun was fired by the Captain of another ship, called the Bencoolen; a flag was hoisted to warn him of his danger; bnt still he would not divert from his course to run on the breakers and get on the reefs. This he did and the vessel struck. She was, however, taken in tow by a pilot-boat, and carried into a port on the 20th of October. There she was repaired, and on the 5th of November she again sailed for Santa Cruz. Again he got out of his course, for he ought to have made directly for Cape Cruz, and, having the wind and weather favourable, he could not have had the smallest difficulty in reaching the port of destination in safety; but instead of that, he continued to creep along the coast, looking for an opportunity to cast away the vessel; there was now no time to be lost in the accomplishment of his object, and accordingly, when about fifteen miles from Cape Cruz, he again ran the vessel on the breakers. She might have been got off, but the Captain would not allow anything to

be done, and then the ship and the greater part of her cargo were lost. The Captain and his men got to Jamaica, whence the men came home to England; but the Captain had never returned, for he was no longer in this world to answer for his offence. He should bring witnesses to prove the facts he had stated, and he thought that, from their testimony, the jury could entertain no doubt of the prisoners' guilt.

The Attorney-General proceeded to call his witnesses, who proved that the Dryad was worth about 2,000l., and the facts of the different insurances stated in his address having been effected.

Mr. James Stott, a ship broker, deposed that he had been employed by the prisoner to effect some of the insurances and to claim the amount when the news of the vessel's loss arrived, which he received as stated by the Attorney-General; and that upon one occasion the following occurred: "I asked the particulars of the letter, when he replied, that there were some pans saved, but no beef or pork; he then laughed, and I asked him what he was laughing at; he then said, 'Loose has done the job very well.' I asked him what he meant? He again laughed, and said, I was not half awake.'" About a month after that conversation took place he again asked the prisoner whether he had received any further intelligence from Captain Loose, when he said that he believed he was dead, and that he died on board the Premier, on his voyage home. I then asked him if he had received his papers, to which he replied that the captain's trunks had been opened, but no papers had been found. I then asked him whether the death of

Loose had been confirmed? He said he believed he was not dead; but that he had been in London about three weeks. I said, if that was the case, it was a pity he did not go to the Maritime Insurance Office and get a settlement, as the captain's word would be sufficient; he replied that he wished they might get Captain Loose there, but he was quite sure he would not go. I afterwards saw the prisoner in an office which he occupied in Crosby-hall Chambers, and asked him whether he had seen anything of Loose; he said he wished he was in London, for if he was he would give him a ship directly, for he was a very clever fellow and deserved all he could get, for he had done the job of the Dryad very clean. I said he must have been well paid if he had done so. The prisoner laughed and said, "A thousand or two, that's all."

I recollect the pri

soner being taken into custody on the 27th of November. I saw him at the Mansion-house and asked him what was the meaning of it, and he said it was all about the Dryad. I said, "Then 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 that he should be transported. I said, "Why do you fear that; you are not the master of the ship?” He said, "Oh the goods were never on board; there are papers in the house that will prove me guilty."

Peter Kelly, a clerk in the employ of Zulueta and Co., superintending the lading of the Dryad, proved that there were no other goods shipped than those belonging to that firm.

Captain John Theake.-In 1839

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