Part 100

Mr. C. Phillips, who was retained as counsel for the prisoner, addressed the jury on his behalf, urging that in truth he had no intention which was actually dishonest, and suggesting that the unfortunate man having been deprived of his property by gamblers, had sought to recover it back again by means, undoubtedly dishonest, but scarcely more blameable than those which had been employed by those by whom he had been fleeced. He was informed that it was by no means uncommon for flash notes to be employed by persons connected with gambling-houses, as a means of decoying their prey; and he asked whether, in truth, the prisoner had been guilty of anything more dishonest. The absence of all evil intention had been plainly shown in the immediate notice which he had given of the notes which he had put off being fictitious, and this at least was a point in the case which entitled him to some consideration.

The jury returned a verdict of "Guilty," but recommended the prisoner to mercy upon the ground suggested by the learned counsel.

The prisoner was then indicted upon a second charge, of uttering two notes of the respective amounts of 5_l._ and 10_l._, with intent to defraud the Boston Bank.

The means employed by the prisoner in putting off these notes were very similar to those which he had used in the former case. The offence was alleged to have been committed on the 28th of January; and it appeared that on that night the prisoner went to a notorious gambling-house situated at No. 7, Leicester-square, kept by a person named Thompson, and demanded to know whether there was any play, and what bank there was. He was informed that the bank contained 130_l._, and Chappell, the attendant in the rooms, offered to play with him, in default of there being any one else there. They played, and in a short time Chappell won 70_l._, which the prisoner paid in what appeared to be country bank-notes, of various denominations. The prisoner declared that he had no more money left then; but asked whether, if he went for some more, the rooms would be open when he returned. He was answered in the affirmative, and in about fifteen minutes he went back. At this time Thompson, the keeper of the rooms was there, and the prisoner having played again, by about four o'clock in the morning he had lost 75_l._ more, which he also paid in notes of the same description as those which he had before put off. He said he would fetch more money, if the rooms would be open; but Thompson expressed some unwillingness to allow any more play, as the usual time for closing the house had passed. The prisoner, however, went away and returned, but he found the door closed. He appeared angry and excited, and insisted upon having his revenge, and Chappell at length let him in. By nine o'clock in the morning he had lost 380_l._ in addition to the sums which he had previously paid; and he handed over a Manchester bank-post bill for 300_l._, and another for 80_l._, and then he went away. In the course of the day Thompson and Chappell went into the city to procure change of the country notes, and they obtained cash for some of them, which were not payable in London, at a bullion-dealer's in Cheapside, upon the deduction of two and a half per cent.; but upon their presenting some others at the banking-houses at which they were payable, they were taken into custody. They explained their characters and the manner in which they had obtained the notes, and were set at liberty. When the prisoner was taken into custody, a letter was found on his person addressed to Thompson, which, it appeared, he was about to despatch to that individual, in which he declared that he had just discovered that he had been imposed upon, and had paid him with forged notes, but offered to give him bills of exchange for the amount which he owed him, at various dates.

The defence in this case was the same as that which had been before put forward, and the inquiry was attended with a similar result,--the conviction of the prisoner.

Mr. Justice Coltman, who was the presiding judge, in passing sentence upon the prisoner, remarked that his offence was materially aggravated by the station in society which he had held, and the education which he had received. In a commercial country, where so much depended upon the proper maintenance of the public securities, forgery could not be looked at as a slight offence. In this case the safety of the commercial transactions of the country might have been peculiarly affected, and a severe example was called for. His lordship then sentenced the prisoner to be transported for fifteen years.

PATRICK MAXWELL STEWART WALLACE; AND MICHAEL SHAW STEWART WALLACE.

TRANSPORTED FOR INCITING A PERSON TO CAST AWAY AND DESTROY A MERCHANT SHIP.

The crime of these prisoners was of a most heinous description, and fully entitled them to receive that measure of punishment which, by the sentence of the court, they were directed to undergo. They were persons of respectable origin and connexions, and had for some time carried on business in the city of London as merchants. They were tried at the Central Criminal Court, at the March sessions, 1841, on a charge of inciting one Edmund Loose to cast away the ship Dryad.

The indictment contained twenty-six counts and charges: First--"That one Edmund Loose, late of London, mariner, on the 10th of November, in the third year of her present Majesty's reign, being the captain of a certain vessel called the Dryad, the property of Alexander Howden and others, did, with force and arms, upon the high seas, within the jurisdiction, &c., feloniously, unlawfully, and maliciously, cast away and destroy the said vessel, with intent thereby to prejudice the said Alexander Howden and another, against the form of the statute in such case made and provided; and further, that Patrick Maxwell Stewart Wallace, late of London aforesaid, before the said felony was committed in form aforesaid, namely, on the 1st of August in the year aforesaid, did feloniously and maliciously incite, move, procure, aid, counsel, hire, and command the said Edmund Loose the said felony, in manner and form aforesaid, to do and commit, against the form of the statute in such case made and provided, against the peace, &c.; and further that Michael Shaw Stewart Wallace, late of London aforesaid, before the said felony was committed, &c., did feloniously and maliciously incite, &c., the said Edmund Loose the said felony in manner and form aforesaid, to do and commit, against the form of the statute," &c.

Second count--The same as the first, but without naming the owner of the vessel.

Third count--Stated the intention of the prisoners to have been to prejudice and defraud Pedro de Zulueta, and others, the owners of certain goods, laden and being in and on board the said vessel, belonging to Alexander Howden and others.

Fourth count--The same as the third, but omitting the name of the owner of the vessel.

The other counts stated the said Edmund Loose's intention to be, to prejudice and defraud various individuals, and that the prisoners did feloniously and maliciously incite the said Edmund Loose to commit the said felonies.

The proceedings commenced on Wednesday the 3d of March, when Mr. Jervis, as counsel for the prisoners, took an objection to the proceedings. Edmund Loose, who was charged as the principal felon, did not appear to plead, and he contended, that it was incompetent for the court to try the prisoners upon the indictment, alleging them to be accessories only in the absence of Loose. He admitted that they might be tried for a substantive felony, but that was not the nature of the offence alleged.

The Attorney-general contended that, by the Act 7th Geo. IV. chap. 64, sect. 9, the accessories could be tried in the absence of the principal felon.

After some further discussion, the court ruled that the prisoners could be tried for a substantive felony, according to the statute, and that they might proceed upon the present indictment; but he left the question open, so that the prisoners might have the advantage of a more full consideration of the point.

The Attorney-general then elected to proceed separately with the trials of the two prisoners, and the case of Patrick Maxwell Stewart Wallace was determined to be taken first. The evidence produced in the two cases, however, was exactly similar, and the statement of the facts proved in one of them only will be sufficient to put our readers in possession of all that was material to the inquiries.

The evidence was divided into two classes, the first of which referred to the conduct of the two prisoners in procuring excessive policies of insurance to be effected upon the ship and cargo; while the second related to the demeanour of Loose, the captain of the Dryad, on her voyage, from which it was sought to prove that he had wilfully cast away the vessel.

With reference to the first part of the case, it was shown that the Dryad was a brig, of which one-fourth share belonged to Messrs. Howden and Ainslie, ship-brokers, while the remaining three-fourths were the property of the prisoner Michael Wallace. The latter had purchased his share of a Mr. Gillespie in the year 1838, for 1600_l._; and the vessel after that was docked and rendered a first-class ship, an outlay of 600_l._ having been made upon her. In July 1839, the Dryad was chartered to Messrs. Zulueta and Co., merchants of Liverpool, for a voyage from that port to Santa Cruz, for 300_l._: Michael Wallace acted as ship's husband, and he directed Messrs. Howden and Ainslie to effect policies of insurance upon the vessel in 2200_l._, and upon the freight in 300_l._ These policies were accordingly effected in the office of the Marine Insurance Company. In the same month, however, other policies were effected in respect of the same ship by directions of the two Wallaces. In the Alliance Insurance Company, a policy for 715_l._ was effected on goods; in the General Maritime Insurance Company, a policy for 1265_l._ was likewise effected on goods; in the Neptune Insurance Company, a policy of 700_l._ was effected on the ship and outfit, and a policy of 687_l._ on goods; in the Mutual Marine Insurance Company, a policy was effected on goods; and another policy for 650_l._ was also effected by Messrs. Bahr and Bearing, of Liverpool. Independently of these policies, an insurance to the amount of 3000_l._ was also effected by Messrs. Zulueta and Co. at Lloyd's, in respect of the cargo which they sent out by the vessel. The total amount, therefore, insured upon the Dryad and her cargo was 10,117_l._; of which, deducting the value of Messrs. Zulueta's policy, and of that effected by Messrs. Howden and Ainslie, 6617_l._ stood in the names of the prisoners--a sum far exceeding the real worth of their interest in the vessel and her cargo. The Dryad having arrived at Liverpool, Messrs. Zulueta proceeded to load her with such goods as they wished her to convey to Santa Cruz. About three hundred tons were put on board, and on the 7th of September the vessel sailed from port. When she had gone, the prisoner Michael Wallace informed Stott, an agent whom he had employed, that he had put some goods of his own on board, although it would have been contrary to his agreement with Messrs. Zulueta if he had done so. In January 1840, a claim was sent in to the various insurance offices for the amount of the policies effected as for a total loss of the Dryad. Some conversations took place between Patrick Wallace and Stott, in which the former made use of expressions which seemed to imply that Loose, the captain, had purposely lost the ship, but the greater part of the insurances were paid to the two brothers, and placed to their accounts at the banking-houses where they usually deposited their money. The return of some of the seamen of the Dryad to London, subsequently enabled the

## parties to the policies to obtain evidence confirmatory of suspicions

which they had entertained with regard to the loss of the Dryad; and in the month of November 1840, Patrick Wallace was taken into custody. His brother, Michael, at that time was living in Tredegar-square, Commercial-road; but upon inquiries being made for him, he was found to have absconded, and his house was discovered furnished throughout, but abandoned by its occupants. On the 16th of December, however, Michael was also secured, having been found living in a small row of houses in the outskirts of Lancaster, whither, according to his own account, he had gone that he might not be called upon to give testimony against his brother.

The evidence for which it was sought to prove that the Dryad had been wilfully cast away, a fact which, it may be observed, was necessary to be shown as an ingredient of the offence charged against the prisoners, was as follows:--

Ronald Maxwell said--I sailed as first-mate in the Dryad on a voyage from Liverpool to Santa Cruz. Captain Loose engaged me in Liverpool on the 4th of September, 1839, to go from Liverpool to Santa Cruz, from Santa Cruz to St. Jago, and thence to Swansea. I have commanded a ship in the South American trade, and I have crossed the Atlantic frequently. I have been to the West Indies, and I know the navigation of those seas. On the 4th of September we took in a few cases of hardware and a few kegs of paint. They came from Zulueta's, and I signed bills for them. From the time I entered the ship to the time we sailed, we took no goods on board except Zulueta's. I locked the ship up at night, and saw her again in the morning. One-third of the hold remained unfilled. After I went on the 4th of September there was no earthenware taken on board, nor were there any cases of flannels, cloth, or prints. There were no barrels of butter, beef, or pork taken on board, except for the ship's use. There were on board two tierces of beef and four barrels of pork. That was scarcely a sufficient quantity for the outward voyage. When a vessel sails for a place such as Santa Cruz, it is usual to take provisions for the homeward as well as the outward voyage. We went out of the dock on the 6th, and sailed on the 7th of September. We had ten hands on board, including the boy and the captain. We went through the North Channel. It is not unusual, according to the wind, to go by the North Channel. Captain Loose ordered me to get tackles rove and coiled in the long-boat, that she might be ready if she were wanted. We had no log-line when we sailed. I endeavoured to make one of spun-yarn, but I found that it was too heavy. We had no proper log-line while I remained on board. The log-board was choked when I endeavoured to sound, a short time after we got to sea. I tried to clear it out, but I could not do it. I told Captain Loose of it, and he said nothing particular. The pump was never made to suck. There was a chronometer on board, I think, but I never saw it. I frequently asked to use it, but Captain Loose would not allow me to see it. We pursued our course to the West Indian seas. There is generally a course laid down on the chart as a guide. About longitude 59 deg. W., Loose deviated from the proper track, and steered to the northward. We first made land at Virgin Guarda. I told the captain that I had seen the land, and he came on deck, where he remained several minutes. A few minutes afterwards I observed breakers a-head and low land. The breakers denoted a reef, and the low land was Anagada. We were about five miles from it. I observed it about six o'clock in the morning. I told the captain that I observed breakers a-head, and he jumped out of bed, and came on deck. Benjamin Shooltz was at the helm, and I told him to put the helm down, and put the ship round to keep her off the breakers. The captain then ran to the wheel and put the helm up, and the ship went direct on towards the breakers. Loose took the wheel himself, and remained at it a short time. Two of the crew came into the waist and complained of the captain, and they said that they would take the helm themselves and put the ship round, for they were not going to be lost. Upon this the captain left the wheel and Shooltz took it. He put the helm down again and the ship came round. When the helm was put down, the ship just cleared the breakers. In a few minutes she would have been on shore. When the ship came round, the captain said he did not think she was so near. Before the ship came round, the captain told me to mind my own d--d business, and take the studding-sails down. He also said that he would have me tried for mutiny for taking charge of the ship. This happened on the 17th of October. On the 19th we were on the Silver Keys, to the north of St. Domingo. He ought, I consider, to have gone by the south side of St. Domingo, between Antigua and Guadaloupe, to get to Santa Cruz. The ship ought to have been nearer the shore to avoid the Silver Keys. They are laid down on all the charts I have seen. About half-past six or seven o'clock in the morning, I saw a rock on the larboard bow, about three or four fathoms off. I told this to the captain, and he came on deck. I pointed the rock out to him. The captain said he could not see it. He had his telescope in his hand. The water a-head was discoloured. This indicates a shoal in these seas. One of the crew from the fore-yard called out, "Rocks under the fore-foot!" and I and the captain ran forward and looked over the bow. I saw the rocks, and Captain Loose said, "We are lost! we are all lost!" Immediately afterwards the ship struck, and remained fast for fifteen or twenty minutes. Loose ordered the jolly-boat to be hove overboard, and we put tackles over the long-boat to save ourselves. After about twenty minutes she got off. She afterwards struck another rock, and remained upon it a few minutes, but then dragged past it. The captain was putting a "life-preserver" on during this time. By the second rock the rudder was unshipped. We now trimmed the sails, to keep the ship before the wind. I wanted to make a temporary rudder, and I asked the captain to allow me to take some spars to do so, but he refused, and said we were in a pretty state--a ship at sea without a rudder--we had better have been all asleep a few days before, and have allowed the ship to run ashore at Anagada. The carpenter at length made a temporary rudder, and on the 20th we got to St. Domingo. Until the 22nd we proceeded along the coast. We ought, in order to avoid the breakers, to have kept further off. We were frequently near them, and the crew had all their clothes packed up ready if the ship should strike. On the 22nd we were near a reef off Cape Hayti, and the jury-rudder unshipped. The captain asked me what was best to be done; I said there was no danger if we were to put in to the harbour. He asked Shooltz and another what they thought, and they said that the harbour was before them, and they thought they could get in. Loose said he would not do so, for he had no pilot on board, and if anything happened to the vessel he should lose the insurance. I then said that we might put out to sea and replace the jury-rudder, and stand in and get a pilot the following morning. The captain went to bed at eight o'clock. I saw a sail about nine on the larboard quarter. I mentioned this to the captain, and he came on deck. I said she was a large ship, probably a man-of-war, and she could give us assistance if we ran down to her. We could have easily gone down before the wind. The captain would not allow us to go down, and he went to bed again. At daybreak we were to the south-east of the entrance of the port. We saw a ship to the north of the port. We were steering towards the reef, and we could see the breakers a-head. They were probably two miles off. Loose was on deck about seven o'clock in the morning. The Dryad was then steering towards the reef, in the direction which he ordered. The ship we saw to the northward fired a gun, and we found it was the Bencoolen. This was to warn us that we were running into danger. The Bencoolen had a union jack hoisted for a pilot, but Loose would not allow me to hoist one, saying if the pilots were too lazy to come off without a signal, they might stay ashore. The Dryad kept the same course until a pilot came on board. When I told Loose that the ship to the northward had fired a gun and hoisted a signal, he said that was nothing to him. The pilot came on board about eleven o'clock in the forenoon. The captain called him aft and showed him the jury-rudder, and asked him if he would take charge of the vessel. He said he would if the crew would work the ship in. He then took us into port. This was on Wednesday the 23rd of October. I left the Dryad on the 2nd of November. I assigned a reason to Loose for leaving the vessel. I was paid my wages (excepting 2_l._) by Captain Loose, and I went on board the Bencoolen. [The witness pointed out on the chart the course taken by the Dryad, and showed the track that he considered she ought to have gone]. There was nothing in the state of the wind or weather to induce the captain to keep the ship so near the shore at St. Domingo.