The Express.
London, England, 1864-12-02 00:00:00

THE EXPRESS, FRIDAY EVENING, DECEMBER 2, 1864.

THE BOAT ACCIDENT AND LOSS OP SIXTEEN
LIVES AT GLASGOW.

We (North British Mail) have to record one of
the most terrible and grievous calamities that have occurred
within the limits of the city for many years—a calamity
which will excite deep emotion not only on account of the
melancholy lam of life entailed in it, but from the singular
circumstances under which it happened. Last (Wednesday)
night, the ferry boat plying from the north to the south
side of the river, opposite the foot of Clyde-street, Ander-
eton, and having at the time its full freight of 24 pawn-
gen, upset or was swamped about midway in the stream,
and lb of the passengers were lost. A thoroughly clear
and connected narration of how the accident occurred it
is at present impossible to give, the few surviving of
those who were psesengem in the boat being only able
to give their own individual experience, what they could
bristly see at a moment of great peril and intense excite-
ment. About 6 p.m., when the numerous works in the
vicinity of Clyde-street stop, • rush is made by the work-
men who live on the opposite side of the river from that
on which they are employed to the terry boats. Con-
stables generally stand at the ferry steps to see that each
boat carries no more than its regulated number of passengers,
and on this occasion the constable on duty at the Clyde-
street ferry allowed nearly the full complement to enter the
boat, which left the north side ali3ut five minutes pest f.
The night wag dark, a strong breeze ruffled the surface of
the river, which was swollen by the heavy rains of the
preceding night, end rolled downwards in wide impetuous
volume. All the pasesegers, it is thought, were men—
chiefly workmen with their "cans^ in their bands, and
their departure was witnessed by a large number of others
who were also eager to get across, but had to wait on the
succeeding boat They were crowded together in the
middle of the boat, while some of them were seated and
others stood in the seats. The ferryman, named John
ft.gers, as is frequently the case in these b,mts, allowed cue
of the wieners to take the oars, and the boat directed
towards the opposite side, right acme the stream, past
into the darkness beyond the sight of those who stood
on the quay and ferry daps it had just left. A minute
or two passed, when wild *bouts for help
reached the shore, cry mingling with cry ; and
running down the quay to where some view might be got
of the whereabouts of the beat, all that could be seen was
• number of indistinct forms struggling with and being
swept down by the current, most of them quickly vanishing
from sight. Even the boat had disappeared. Scarcely
had it left the quay when the velocity of the correct
began to be felt, and instead of being headed upwards as
is usually done, and then, after reaching the centre of the
river, being directed downwards towards the south
ferry steps, it went straight acmes, thus being exposed
broadside to the swell that increased the nearer it
approached to the centre of the river. A steamer, the
lnverary Castle, had goes up the river a few minutes
before, and the "after-swell " caused by that vessel had,
it is thought, not at the time subsided. When about one.
third of the way across, the boat getting into the trough
of the waves, some of the passengers, alarmed by their
position, rising from their seats, caused it to sink the
deeper to one side, and • volume of water poured is. The
ferryman cried to he passengers to "be steady," but almost
at the .me instant the boat canted over. Some of those
who had leaped into the water roads desperate efforts to
reach the quay, with success in • few cases, but nearly all
either sank near the mime, or alter a vain effort to battle
with the ci.rrent were swept downwards and disappeared.
Only eight were saved, and 24 it is surmised being in the
boat 16 are thus lost. _ _ _

10 consequence of the lateness of the hour at which the
catastrophe occurred, it was not known for some time. As
the evening, however, advanced, the tidings of the calamity
spread throughout the city. and all who had friends or re.
tallies who were in tho habit of crossing the ferry were na-
turally anxious about their safety. There was consequently
many inquiries at the Clyde polies ofiice in the course of
the night ; but as the exact time when the accident oc-
curred could be specified, and as not • few of those who
called at thoollce had seen their friends after that time.
their fears were set at rest. In the case of others their
forebodings could not be dispelled in tLis satisfactory man-
ner ; and it was • most painful matter to have to tell them
that as it had been impossible to make • search for the
bodies of the drowned, they could give them no informa-
tion, thus prolonging their suspense.
No search was made for the bodies last night, ma it was
felt by those having charge of this matter that in the dark-
pen, and with the strong current running, nothing could be
done. 311. Geddes, of the Humane Si-dety, proceeded to
the spot where the accident occurred last night, in order to
take has moorings, and is to commence making a search to-
day as won as it is daylight. .

The following atateiue—ot is by one of the surrivore :
John Gibb, 1, !lain-street, Anderston, and 35, Paterson.
street, says—When be got into the boat it appeared to be
all but tilled, the patrollers seemingly crowded in the
centre, and some also landing on the meats. The constable
at the ferry steps allowed two men to jump in, but prevented
others who also wished to get in, and the boat than shoved
off. There was, so far as he could see, no women on board,
the passengers being chiefly workmen coming across from
their employment with their " cans" in their hand. One
of the men took the ferryman's seat and began polling the
boat omega. There was • strong current running at the
time, the night was dark, and a heavy swell was on the
water. Instead of heading the boat up the stream, the man
at the oars sent it right across, tending downward.,
if anything, and it seemed to him, from the way in
which the boat progressed and what be afterwards
experienced in the water, that the current was trending
somewhat to the north side. While about half way,
or between half and • third across, two or three largo
Waited wore seen coming abreast of the boat. It rose upon
one of them, and the tear man then cried out to the pas-
sengers—some of whom who were sitting seemed about
to stand up—" Steady boy', steady—keep steady there."
The boat, still going right across the river, aftertrisiog on the
filet wave, sank into the trough between those succeeding.
The water then came over into the but ankle deep, and
thinking it time to look out for himself, he leaped into the
water. He was heavily clothed at the time, hkilDE on
above his coat a large topcoat, sod wets in; hot and gloves.
Beteg able to swim, he struck out for the north side, and
shouted out to those on the quay to throw him a rope. He
tried to breast the stream for • time, but was carried down.
and on nearing the quay a plank was thrown to him, on
which he managed to climb, and the plank Wog after.
wards caught in a grappling iron, Le seized the 1•014, and
holding by „it, was dragged up the quay bresst. He wee
conveyed to Gray's Clyde Hotel, where Dr. Robertson,
No. 1, Washington.street, and Dr. Milner saw biro, and
although um& exhausted, having been about • quarter
of an hour in the water, he quickly recovered. Hi. watch
had stopped at five minutes past eix, the time at which the
accident tanned. He lost none of his clothing in the
water, gloved and hat haisig still on when he was hauled
rip on to the quay. David Hill, blockmaker, 62, brae-
street, was the tint to go into the boat, and then went
forward to the bow. Before he mitered the boat, he had ,
to wait • few minutes, and while waiting a steamer pulsed
up the river. The steamer would pass about two cr three
minutes before the boat left the ferry steps. They were,
he thinks, about half way scram when the " after-swell"
waves from the steamer were couf.tg up spinet the side
of the boat, which was going right over to the south side.
Some of the passengers nee, and others cried to them to
keep their seats. A heavy wave was coming up on the
left band side, and those on that silo rest off thew seat+.
At this moment be saw two men's heads in the water, into
which they had jumped, and he then felt the water about
his foot io the boat. The boat seemed to go into the
water, not imitantaneottaly, but slowly. The passengers
were then crying for help, some of them also crying out to
poll to the steps. When the boat went over be imme-
diately jumped into the water ; he struck 0.. t, tried to tin.
, button his coat, which encumbered him, but sank in the
I attempt, and then, ruing to the surface again, made way
for the shore. Coming against the cut water of a *1.4
lying at the north side, he put his hand on the copper,
and luckily finding a small crevice where a nail had
got loose, he put big Soren into it, and held
on, crying out for help. The current was Tanning
strong at the time, and he was getting exhausted, when a
boat which had put off from a seem! on the south aide,
picked him op. Ober two boats were on the look-oct at
this time, polling down the river a`ter the forme of those
they saw in the water. While holding on by the copper,
he noticed the heads of several Mee, apparently strong
swimmers, who were being carried down by the stream,
but keeping themselves afloat, and going down the river
very fast. He was taken to the police-Aire, where Dr.
Maser attended him, and soon recovering, be went home.
The number in the boat would be about 24. The ferryman
told hint that be had 23 in the boat.

THE CONFEDERATES A.ITD THE Bashing PORT-
emer.—The following is the reply to A letter recently ad-
dressed to the British Poettiv.iterGeteral :—"General
Poet•ofgce, Oct. Postmaster-General
has bad under his coninderatioe your letter of the 7th it t ,
in which, ott behalf of the government •d the Confederate
States of Ascetics. you inquire whether correspoodeoce ad-
dressed to those States will be forwarded by this department
to Bermuda. or Nassau, or Halifax, where agents are about
to be appointed by the postmaster-general of the Confede-
rate Staten. In reply, lem directed to acquaint you that
hie lordship must decline to enter into the proposal ar-
raugemeet, rile despatch asycorrespoodence oontrary to its
address. At the same time I afil to observe that the public
coo, of course, if they think proper. direct:letters for the
Sista referred to under cover to agouti in] Bermuda,
/ism% or Halifaz,7l am, &e., F. amt."

H_ •
IE A 6 F AST LiZTEßAG&—ttomompath ic praCti-
Winer,. and the medical protean JD generally. recommend cocoa as
Wag the most !welted of all beverages. When the doctrine of
homeopathy was lint introduced Into this country. there were to
he obtained no preparatims of cocoa either attracUm 'tithe taste
or aceepthnle to the stomach ; the nut was either supplied to the
crude state or so unsklittilly manufactured as to obtain little
notice. J. Epps. of Leaden. finnesopathie Chemist, was induced
in the year 1109 to turn tie attention to this soi4ect, and at
lamb succeeded, with the antistatic' of elaborate machinery In
baing the trot to produce la article pare In Its competition. and
so relined by the perfect trituration It receives In the pr,ceot It
passes tbmugh, as to he most acceptalde to the delicate et. mach
Per general use Epps 's Cocos la distinguished sa an invigoratisg,
grateful breakfast beverage, pothemag a n,.s
Or. Nora. in hits work, "Adulterations of Food," says
:
"Coosa manilas a great variety of Important nutritive princi-
ples—every Ingredient seceseary to the growth end sasteasam
of the WAY." Again di • DUSZIUM COCA* stands very ranch
higher than either coffee or the." Directin,—Teo teaspoonfuls
of the powder In a breakfast cup, filled up with boiling irate,
or milk. secured to tin-lined Alb., Slu., sod lib. labelled paste's.,
anda sold at la. 64.dvertimereL par lb.. by grocers, confectioners, lad then-ads
—(

LAW INTELLIGENCE.

COURT OF QUEEN'S BENCH.—Dec. 1.

After Term Sittings mit Nimd Prise et Westmiuster.—(Before
Lard Chief Justice Cockburn amid a Special Jury.)

GRAHAM AND FOLEY V. LAW AND WEST INDIA DOCK COXPANY.

Thwo wore two sotioos of tales iraprisoamsat. The
defendants pleaded not guilty.

Mr. Serjeent Atkinson and Mr. Howard were counsel for
the plaintiffs; Mr. Giffard and Mr. Wstkyn Williaws were
oonneel tor the defendant&

The plaintiff Graham is a coal merchant, carrying on
bushier at Wapping, in partaenhip with Foley. He was
also a superannuated officer of Customs. On Sunday, the
11th September last, they sent a barge with about atom of
coals, the remnant of 15 taus of coals they had purchased
of Messrs. Bowerman sod Co., into the defendants' docks,
to deliver on board the Harold Hildebrand. On the Mon-
day, whilst the coals were being delivered, there was a dis-
pute between the plaintiffs and the mate with regard to the
weight of the coals, but they could not weigh them, as the
machine in the barge was out of order. M'Muters, one of
the duck police, came up at the time, and after speaking to
the plaintiffs he went away and brought Mr. Liddel, the
inspector, to the ship, who made inquiries of them
who they were, where they lived, where they
got the coals, tic., and then told them they must go
with them to the no/ice-office within the docks, where after
detaining them about three-quarters of an hour, they were
snowed to depart. They had in consequence suffered
special damage, • person named M`Gregor having with-
drawn a large order for cods from them.
In cross-examination Graham said there was no pretence
for saying he had taken coals from • barge in Trowbridge's
custody. Trowbridge, the lighterman, did not come up at
the time and complain that he had lost some coals.
The defence was that the yolicen,m's attention was
called to the dispute that was going on between the parties
with reference to the deficiency in the quantity of coals,
when he interfered and pointed out to the plaintiffs that
they were liable to be fined for not having weight, and
scales with them with which to weigh them. Trowbridge
came up just about the time, and complained that some
coals bad been abstracted from his barge, and he professed
to recognise the coal which the plaintiffs bad delivered on
board the ship as being his. He, however, declined to
charge the plaintiffs with stealing them, sad the police, in
order the better to investigate the matter, requested the
plaintiffs to go with them to the police.office. They denied
that they took the plaintiffs into custody, or considered
them in custody. At the police-office, Liddel, who had been
thirty years in the Dock Company's service as • policeman,
took down their names, addresses, and other particulars, in
writing. in sae any charge might afterwards be made against
them of felony.

The Lord Chief Justice said that, after thirty years' ex-
perience, be ought to know he had no earthly right to do it.
Trowbridge war called, and deposed to his losing some
coal from the barge in his charge. He said to the polies-
moo. •-That's my coal, rit swear to it," pointing to some
coal on the deck of the Harold Hildebreod ; but he de-
clined to give the plaintiffs into custody fot stealing it.
One of the docimen was called, and deposed that the
plaintiffs' barge did not contain touch more than half a ton
of coals when she came into the docks.

Mr. Giffard urgod that the policemen acted under • res.
son eble sinpicioc that the robbery had been oommitted,
and that the plaintiffs wept voluntarily to the police office.
Mr. Serjeaut Atkinson, in addressing the jury for the
plaintiffs, said muck evidence bad laen admitted for the
defendants that he might have excluded by the strict rules
of evidence, but be thought it best not to object, and the
result was favourable to the plaintiffs.
. . .

The Lord Chief Justice third that us the defendants were
not tersonally concerned in giving the plaintiffs into cus-
tody they could not set up “ reasosable grounds" for sus-
picion, but he admitted the evidence showing what toe
policemen had done m mitigation of damage a.
Mr. Ferjeeot Atkinson then urged that the plaintiffs were
entitled toe verdict. They all knew what it meant when a
policeman had a intsuicioe. He followed it with in instinct
that inflamed his mind, and he acted on it as true as the
senile to the pole.
The Lord Chief Jounce, in enenming up, said there were
two questions for the opinion of the jury : one was whether
the plaintiff■ were taken into custody sod imprisoned, and
that did not necessarily involve thenecessity of a policeman's
usine force ; and the secured question was, whether the de-
fendants were liable for the acts of these officers? That was
a mixed question of law and of fact. The fact., however,
were not disputed, viz., that the officers were in the com-
pany's employ, and paid by them ; but that under a certain
lot of parliament they received their warrant from the
commissioners of police, and so derived their power
to act as constables hem them. That. together
with a letter writhes by the defendants' solicitor,
was a question for the court above, and therefore
what was required of the jury was, supposing the company
were liable, were the plaintiffs in fact taken into custody,
or did they go voluntarily with the officers to the
police•station, and show them papers, ke. ? His lordship
remarked on the extraordinary conflict of evidence in the
ease, and pointed out the difference between a policeman
taking • person into custody and a private individual doing
so. A police officer, if be had reasonable suspicion, might
' take a person into custody ; bet if a private individual took
it upon himself, without warrant, to take up an individual
on a charge of felony, he, in order to justify his conduct,
must establish the fact that a felony had been committed.
It this action bad been brought against the police officers,
they would brave been entitled to plead that they had
tessocable suspicion that a felony bad been committed by
the plaintiffs ; bur, us it had been brought againat the cam-
pixy, they stood in the position of private individuals ; and,
though they could not plead they bad reasonable cause
for taking them into custody, they might have pleaded,
by way of justification, that a felony bad been com-
mitted, and that the plaintiffs were the persons res.
sonably suspected of it. It was impossible to say
on the facts of this emit and It was not so pot by the de-
fendants that the plaintiffs had been guilty of a felony.
They were, therefore, in a difficult position, and the jury
must take into consideration in assessing damages the ear-
-1 cumetanees under which this transaction occurred.

Atter the jurymen had bean in consultation nearly half.
an-hour, . . . .

The foreman asked his lordship what amount would carry
mete. It was a point of law, and be wished his lordship's
opinion upon it, because one juryman wee keeping out upon
that point. Too other 11 were agreed.
The Lord Chief Jostles told him the jury had better find
their verdict, and let the law take tte course.
The foremen said it wee to be regretted that they should
be kept on that one point. He should have to a:termite to
that one dasentient his being late for diucer. (Laughter.)
Ultimately the jury returned a verdict for the plaintiffs—
Damages rd. each.

He said that two drops instead of one should be used, and
that they must be put in twice a day. Subsequently Mr.
Holroyd, the defendant's assistant, brought some ointment,
which, he said, was to be used instead of the drops. The
defendant, with his assistant, took • small piece of the
ointment ea • kind of needle and pat it into the eye.
When the defendant called spin she asked him bow the
eyes were, and he said one was gone. She asked him if be
meant that the child was entirely blind with it, and he
said, unfortunately so, but nature would do a great deal for
it, though art could do no more. He said it was a
very common cue, and that ho Lad lost several eyes.
(Laughter.)
Mr. Serjaant Ballantine —1 suppose you mean that his
patients lost their eyes ?
Witnees—Yes ; and he said that there was one child in
the neighbourhood which bad lost both eyes. About an
hour afterwards, Mr. Mabury, a medial man, happened to
call upon her husband, sod she asked him to look at the
child. He did so, and she wished to know whether the de•
fondant was doing right. He mid the defendant bad
burnt one eye, which was gone, and he was burning the
other, which might go too. He said the child was being
shamefully used. Upon his suggestion she took the child to
Dr. Alexander, who prescribed a lotion which was to be
syringed into the eye. One eve was now perfectly cured,
but the other was entirely lost.
Upon ercasexamination, Mrs. Wright said she was in a
perfect state of health until she was confined, but suffered
from a discharge very common in cases of pregnancy. She
was positive that the defendant took away the bottle
in his pocket. He did not say that all the medicine in the
world was of no use unless the eve was kept clean, nor that
it must be washed constantly: The baby shrieked when the
applied the ointment. The eyes were not opened or
washed, except when the syringe was used.
The monthly nurse declared positively that neither the
defendant nor his Resistant pme her butt-actions to wash
end keep clean the eye. She had seen mum of this kind,
but never one in *Lion the sight was lost. She did every-
thing the doctor told her.
Dr. Alexander said the dimes was prurient infantioe
ophthalmia, and one of the great objects in treating it was to
keep the eye perfectly clean. He generally recommended a
lotion oompcsed of alum, sulphate of zinc, and sometimes
sulphate of copper, with water.;He saw this case only coos,
and gave a prescription.
Creme-examined—The prescription of the defendant, con-
sisting of sulphate of zinc, opium, and water, was a very good
syringe. His other prescription, consisting of four grains of
sulphate of copper and two drachms of water, was rather
too potent, he thought, for an infant of such an age. Dr.
Gutheries ointment was well known, and was vary generally
used in such oaths. . .

Mr. Baron Martin eked Mr. Day if there was any instance
of such an action having been brought on behalf of an infant
seven months old. .

Mr. Day was not aware of any, but there was one in
which the child wan only two years old.
&vend other medical men were callod ; and on the con-
clusion of the plaintiff's case,
Mr. Baron Martin 'eked what was the alleged negli-
gence.
Mr. Day—ln the defendant not giving inetractione to the
mother or nurse to open and keep clean the eye, which it is
stated is essential to the cure.

Mr. Baron Martin said he could not say there was co evi•
dente to go to the jury but the negligence ought to be die.
tiactly proved before *the jury could find a verdict for the
plaintiff.
A Juryman mid be thought it was the nurse's baaioes
to keep the eye clean.
Mr. Baron Martin said he should have thought so too.
After some further discussion,
The jury, without hearing Mr. Serjeaut Ballistics for the
defence, said they were agreed in opinion, and retuned a
verdict for the defendant.

Mr. Baron M.irtio —Supposing there had been a verdict
for the plaintiff. who was to get the damages' The infant
000klbint hero had a penny.
Mr. Lay-1 should in that case hare asked your lordship
to ay what should be done with the tisintges.
..' • " "

Serjeant Ballaotine—llis lordship would have had co
power to have made any order on the subject.
Verdict for the defendant.

SHERIFFS' COURT.—Dec. 1.
(Before Mr. tschr-Sherilf Bothell sod a Jury.)
WALK AND V. SEM. -ACCIDENT AT ABTLEIB
THEATRE.

This was an antics in the Court of Queen's Bench by the
p/aintiff, on the part of himself and wife, to recover da-
mages from the defendant, Mr. Edward Tyrrell Smith, the
proprietor of Astley's Theatre, for injuries received through
the falling of a canvas board outside the theatre. The
plaintiff claimed in two separate counts of the declaration
damages both for himself in having lost the solace of his
wife by the accident, and also ter the injury to her per-
sonally. The defendant having allowed judgment by de-
fault, a writ of inquiry was executed to usess the amount
to be awarded.

Mr. Oppenhelm wu (counsel for the plaintiffs ; and Mr.
Pearce appeared for the defendent, who was in court.
Mr. Pearce announced, when the ease was called and the
jury about to be sworn, that he was glad to inform the
court that the case had been settled. it was an action for
an injury to • poor woman by the falling of a board, and
Kr. Smith had given her husband *dune for S5l.
Kr. Oppenhcim intimated that he was satisfied with the
arrangement, and that the jury need not be swore to agues
the demagog.
Kr. Pearce added that there was no neeemity to swear
the pry. and thus the cue terminated.

THE POLICE COURTS.
MASSION-HOUSE.

John Gran, Francis Holman, Samuel John Phillips,
and Josh. Pope, were yesterday again Placed at the bar on
remand, in custody of Detective Sergeants I:logien and
Foulger, to undergo a further ezarnieation, the three
former upon. a charge of stealing sod Pope of receiving a
'erg/ quantity of sweepings of jugs, from one of the ware-
houses of &ewer's Quay, the property of Marrs. Bache
and Co. _ _

—SlV.Blunplireys again prosecuted ; Mr. Beard appeared
for Green, Mr. Barbarian for Holman, Mr. Wontner,
for Phillips, and Mr. Looia Lewis for Pope.
The prisoners were again remanded, the Lord Mayor de-
elitiag to wept bail for either of them.

' '

the witnenebox, and the cases took his position in court se
. defendarin

Proof was gives of the birth of a female child or. the
17th of Jane, 1862, of which the dafeadaut Admitted that
he was the father. _

iii. Darsass Made an order upon the °Notable for the
payment of Sie. 6d. a week, to date from that day, without
costa. At the same time be cautioned the yooog woman,
and told her there would be no *acme for annoying the
constable now that ebe pomemed the older.