The Sun.
London, England, 1864-05-02 00:00:00

IN RE HEWITT,

naogtoto be renewed except on ap-
plication, This was also an application for release.
Mr. Treherne opposed. r
-t appeared that the case cams
before
protection
theon C
when it was adjourned with
and notice having been given to the assignees and
pifooruorntem some
month,
timeh
opposing creditors. Before the protection expired bankrupt
applied for a renewal of protection, but Mr. Treherne
opposed, and Mr. Commissioner Holroyd refused to
make the order, and referred it back to his
Honour Mr, Commissioner Goulburn. On the expiration
of the protection the bankrupt was again arrested by Mr
Tr e h ern.e ' sll clients,
question
was whether this bill did not lons
on a bill which had come due subse-
quentlypart of the original debt which had been proved, or, at all
events, that it was a portion. Mr Treherne contended that
it could not be proved, as it was then in the hands of third
parties.
His Honour, having consulted Mr Commissioner Holroyd,
said that as the bankrupt was without protection, the court
could not interfere, but t4e. bankrupt might apply for pro-
tection, and then the queehon of release might be argued.

Execution of Devine—This Day.

This morning the young man, John Devine, who was found
guilty at the last sessions of the Central Criminal Court for
the murder of Joseph Duck, a retired tradesman in Great
Chesterfield-street, Marylebone, was executed at the Old
Bailey. The prisoner made a full confession of his crime,
and acknowledged the justness of his sentence.

POLICE INTELLIGENCE—This Day,

IRELAND.

DUBLIN, April 30.

Sir Thomas Judkin Fitzgerald, the descendant
of a man unhappily notorious in 1798, committed
suicide on Tuesday night last by throwing himself
into the river Suir, near his own residence, Golden
Hills. It appears that he was severely pressed by
pecuniary difficulties. He had been in Dublin the
greater part of the previous week, it is supposed
with the object of effecting an arrangement with
some of his creditors. There he was met by several
of his friends, who found him in his usual health
and spirits. He returned home, and was in Clonmel
on Monday. It appears that there was an execution
then in his house for a debt of £3OO, and the bailiffs
were in possession. He made a last effort to raise
this amount on Monday morning, but his solicitor
failed to accomplish it, owing to the heavy liabilities
under which he laboured. He went home by the
train on Tuesday afternoon, having left a letter
with his solicitor stating that he should shortly be
no more, and indicating where his body would be
found. This gentleman immediately communicated
with the office of the constabulary, and a telegram
was at once sent with imperative orders for the in-
stant arrest of Sir Thomas Fitzgerald. But the
precaution was, unfortunately, too late. He wrote
similar letters to other friends, and among them
was the following to Mr John Massy, justice of
the peace :

"Dublin, April 26, MI,

"My dear Massy,—l have a last request to make of you,
and that is that you will on receipt of this go over to
Golden Hills and see poor Lady Fitzgerald, my dearly be-
loved wife, for before you get this I will be•no more. God
have mercy upon me and my poor family. . . I
ask this as a dying request, that you will go at once on re-
ceipt of this and see what is best to be done. . . . Igo
down to-night on purpose to see my poor wife and family
for the last time, and then my body will be found in the
weir at that part called the Pig-hole, near Golden Hills.
. . . . I again ask you, as a favour, not to desert my
family till things are set to rights for them. It is the dying
request of your friend,

"Tilomls J. FITZGERALD."
There was also a letter to Mr. Edmond Dalton, of
which the following is a copy:—

"Dublin, April 26, 1864.

" Dear Ned,--1 am going to ask a favour of you, and
that is that you will get Mrs. Dalton to break the sad news
of my death to poor Lady Fitzgerald. Igo down this
evening, and my poor body will be found in the Suir at
Pig-hole, where all the salmon aro taken, near where the
white thorn stump is that was lately cut, The Lord have
mercy on me and my poor family I
"Yours truly, "THOMAS J. FITZ GERALD."

From the evidence given by his coachman and
butler at the inquest held yesterday by Dr. Mor-
rissy, coroner of the district, we learn what occurred
in pursuance of these letters. Sir Thomas arrived
from Dublin at the Goold-cross station at 11 30 p.m.
on Tuesday night. He drove the car himself very
carefully. He was unusually silent, and seemed
rather angry, as if he was disappointed about some-
thing; but otherwise in his ordinary state of mind.
He reached Golden-hills about half-past 12 o'clock,
The family had retired to rest, except the butler,
who waited up for his master. He first went up-
stairs, it was supposed to Lady Fitzgerald's room. In
about 10 minutes he returned and took some tea.
Some time after he went to the parlour door and
said, " Michael, come and take away the things.''
While the butler was doing as he was directed, his
master went into his study. He again went up-
stairs, but shortly after the same servant heard him
unbar the hall door and go out. He had taken no
wine or spirits, and used never to take any. The
servant, taking no notice of his going out, as he
sometimes had occasion to do so, went to bed. After
about an hour Lady Fitzgerald tapped at his door
and said, " Michael, get up. Sir Thomas is gone
out somewhere and he has not returned. You had
better go out towards the shrubbery and see what
is the matter. I fear he has got a weakness." The
butler then went to the shrubbery, and not finding
his master, Lady Fitzgerald became alarmed, and a
second search, with a lantern, was made about
the grounds in vain. At daylight the coachman
was called, and when the search was about to be
renewed Lady Fitzgerald came to Bourke, the
butler, and said, " Michael, come here. I must
have been stupid that I did not find this letter
before now." She had a letter in her hand, which
she said she had found on a stand at the side of the
bed where her husband used to lie. She read a
part of it. He inferred from it that all was over
with Sir Thomas. He and Rourke, the coachman,
then hurried out and searched all the grounds. At
length they found his hat and coat on the bank of
the river near the spot which the deceased had
himself indicated. They hastened with this infor-
mation to Lady Fitzgerald, the police were sent for,
and about 200 yards further down the body was
found in the shallow water. Life was extinct. The
Hon. Martin French, R.M., of Cashel, arrived early
in the day, with Dr. Kennedy, of Tipperary, who
examined the body, and found it without any marks
of external violence. As Sir Thomas was a re-
markably good swimmer it is supposed he must
have taker.. some drug to prevent the failure of his
attempt at self-destruction. The inquiry had not
concluded when the last account left.
The inquiry into the loss of the City of New
York, which commenced on Friday, and was ad-
journed without any evidence being taken, was re-
sumed yesterday. John M'Cartney, chief officer
of the wrecked vessel, deposed that he had served
during the last five years on board the City of New
York, that she left New York on the 19th of
eieerch, with a general cargo—mostly provisions.
She carried 161 passengers. Everything was in
good seeder when starting, and she had a crew of
106, inomling the captain. They had a fast and
prosperous -voyage till they reached the Irish coast ;
when theyw: sed the Old Head they slackened
pa
speed to 10 knot. The wind was about N.N.W.,
squally. It was clefty moonlight, with heavy clouds
occasionally passing. There were two hands upon
the forecastle head, and oe2e man between them to
pass the word along, and one' at the telegraph to
pass the word into the engine-room if required,
witness at the same time being on he upper bridge,
keeping a sharp look-out with his tei,esoope for the
buoy on Daunt's Rock, or anything e;e4e. It was
the practice to go through the Channel day and
night, except when there was a dense fog ; them they
took the course east of the Rock, making it by the
lights on the Old Head, Ballycotton, and Rocht:'s
Point, when they could see them. They were within
a quarter to half a mile of Robert's ;Head--a bluff
headland, with deep water up to the rocks, which a
ship could almost shave. At 2 30 the captain was
on the bridge, and had been on deck the whole of
the witness's watch, except about ten minutes,
when he went to change his wet clothes. Witness
was still looking 'out for the buoy, when the ship
struck hard on Daunt's Rock at 2 45 a.m. The buoy
was afterwards seen at 130 yards' distance. They
did not always see the baoy in passing. They made
signals, but no assistance came till 4 o'clock, when
the company's tender came along side. They got
no assistance from the Coastguard station. About
8 o'clock the Magpie and Advice and the Canard
tender came alongside. The ship had eight boats
on deck, which were at once put into requisition.
They were all in good order, and quite sufficient to
carry off the passengers. Captain Kennedy exerted
himself to the utmost, giving orders quite coolly,
and using every possible precaution.
John Holden Cleaver, the third officer, Ion!
Allen, a seaman, and David Fitzgerald, a _
xquaarntdeerr
master, gave evidence to the same effect. AI
Taylor, chief engineer, described what he had done
to diminish the ship's speed. When 11° heard her
te
strike he thought it was a collision with another
vessel. Water came in immediately and pat out
f
only the usual signals of the
the fires. Mr. William tTabyeleera,wchitebfeoffisigcouralos! the
Coastguard, deposed buttha
regarded them as
inside the Rock day and
It
stab was quite an
sail inside
harbour. T
ovredssinelaeryaptphrionagehite:
night. A shadow from the clouds and headland
might prevent persons on board seeing the buoy.
mr. upoved, who conducted the inquiry for the
Board of Trade, said that this was all the evidence
he had to prance.
The Londonderry Journal of this morning states
that one of Lord Leitrim's bailiffs has been shot,
and that Peter Griffin has been arrested for firing
the shot, which took effect in the bailiff's thigh, It
is not known whether the wound is dangerous. An-

other account states that it was a son of the bailiff
a lad about 15, that was struck by a shot fired into
the house, which shattered the bone, rendering am-
putation necessary. The outrage occurred about 10
miles front the village of Milford, county Donegal.