The Sun.
London, England, 1853-10-19 00:00:00

THE LATE RAILWAY CATASTROPJ3E

IN IRELAND.

The coroner's inquiry has at length terminated, and
on Monday evening the jury, after three hours' delibe-
ration, agreed to a verdict of " manslaughter" against
the engine-driver and stoker of the goods train on the
night of the fatal collision. The jury attached a rider
to the finding, which gave it the character of a special
verdict—that is to say, that, in their opinion, the com-
pany stand acquitted of all blame in the accident.
After counsel had addressed the jury on behalf of the
prisoners, and the coroner carefully summed up the
evidence, the jury retired to their room, it being at the
time 25 minutes past 4 o'clock.

Air. J. D. Fitzgerald, Q.C., said, he might, perhaps,
take that opportunity of making a statement which he
had been requested by one of the directors—and the
only one present—of the Great Southern and Western
Railway to do.

The Coroner—Certainly, Mr. Fitzgerald.
Mr. Fitzgerald—The statement I have to make on
behalf of the company is briefly this :—While congratu_
lating the county of Kildare on the mode in which this
inquiry—protracted as it has necessarily been—has
been conducted, whether in reference to the ability,
firmness, or impartiality evinced by the coroner in
his conduct, or to the care, patience, and intelli-
gence exhibited by the jury, we are also anxious to
pay a just tribute to two gentlemen who have taken a
part in this sad transaction—two gentlemen connected
with this county. I refer to the Hon. Mr. Lawless
and Mr. William Kennedy. The latter gentleman
happened to be present when the calamity occurred—a
calamity such, perhaps, as none of them had ever wit-
nessed, and which was likely to appal the stoutest
heart. Mr. Kennedy, amid the wounded, the dying,
and the dead, displayed an amount of firmness and fore-
thought most remarkable—he not alone rendered active
personal assistance, but directed almost everything to be
done that the coolest. and most self possessed man could
think of or suggest. The Hon. Mr. Lawless likewise
gave the most efficient assistance, and in the most gene-
rous and humane spirit threw open his house for the re-
ception of the wounded. At that moment the children
of the late Mr. and Mrs. M'Swinney and the infant
daughter of Mr. Knapp were under the kind and mater-
nal care of the Hon. Mrs. Lawless. Such conduct was
most creditable, and merited as it would receive the ad-
miration and applause of every human mind.
Mr. Curran said, he had on a former occasion alluded
to the fact of manacles having been placed upon his
client. He was now requested by Gass himself to state,
that it was on his way to the gaol that the ocurrence
took place, and that the fetters were not put on by the
directions of Clarke, from which gentleman he had
always experienced every kindness and attention consis-
tent with his duty, and to whom he was therefore de-
sirous of making that public testimony of his gratitude.
At 10 minutes to 8 o'clock the foreman of the jury re-
turned into court, and stated that the jury had agreed
to their verdict, but that they required the legal assist-
ance of the coroner in drawing it up.
The Coroner inquired whether there was any objection
to his leaving the court for that purpose, and counsel on
all sides having agreed that the request was perfectly
reasonable under the circumstances, the coroner accord-
ingly went into the jury-room, where he remained for
nearly a quarter of an hour, at the expiration of which
period he came back again into court, stating that the
jury would speedily make their appearance with their
verdict, which they had unanimously resolved upon.
At 20 minutes past 7 o'clock, that is to say in two
hours and 55 minutes after they had retired to consider
their verdiot, the jury returned into court.
Coroner—Have you agreed to your verdict, gentle-
men ?
Foreman—We have.

The verdict of the jury was then handed in, and read
by the coroner. It stated that the jury upon their oaths
said, " that the deceased, Thomas William Jelly, died at
Clownings, in the parish of Whitchurch, on Wednes-
day, the sth of October, 1853, from injuries received by
a collision on the Great Southern and Western Railway
on that day. Wo find that the collision was caused by
the negligence of James Gass, the engine driver, and
John O'Hara, the stoker of the ' pick-up ' train ; we
therefore find James Gass and John O'Hara guilty of
the manslaughter of the said Thomas William Jelly."

The Foreman then handed to the coroner the follow-
ing
resolution to which he and his fellow-jurors had
agreed :—" The jury were about to draw the atten-
tion of the directors of the Great Southern and Western
Railway to some matters which require amendment and
alteration in the working of their line, but as they are
aware that the Government have sent over Lieutenant
Tyler, the Government Inspector of Railways, to make
an inquiry on the subject, they are exercising a wise dis-
cretion in leaving the matter in his hands, satisfied that
lie will make such a report as will effect the necessary
changes. Having now brought this important and pain-
ful investigatign to a conclusion, we feel it incumbent on
us to state that we have minutely examined the rules
and regulations which have been issued by the directors
to their officials. It appears to us that those rules and
regulations reflect the highest credit on the judgment of
their authors, and that they are well calculated to
secure the lives and property of the passengers. It is
our conviction that no culpability can attach itself to the
company on account of the late fatal collision ; but, on
the contrary, we consider them fully entitled to that
public confidence which they have hitherto enjoyed."
The Foreman said that the jury had lost a great deal
•f time in the investigation, and he hoped they would
be compensated for it by the grand jury.
The Coroner said he was sorry to say that the grand
jury had no power whatever to pay them.
Mr. Fitzgibbon—l presume that the guard Berry is
discharged ?
Coroner—He is discharged.

Mr. Curran applied to the coroner to admit the en-
gine•driver and stoker to bail—most solvent bail would
be given, and there would not be the slightest fear of
their not answering to their recognisances.
Coroner—lf I felt that I were legally entitled to take
bail for them, I tell you candidly that I would do so ;
but I believe I should not be warranted by law in such
a course, and I must therefore leave you to apply to the
Queen's Bench.
Mr. Curran said, that in the event of an application
being made to that court, he presumed he would be at
liberty to state that the coroner would have willingly
accepted bail had he felt himself authorised to do so.
Coroner—Certainly.

The prisoners Gass and O'Hara were then ordered to
be committed for trial at the next Kildare assizes.

THE CHARITABLE TRUST BOARD.—The new board,
nominated under the act of last session, has not been
formally opened. It is, however, expected, considering
the vast property over which it has now jurisdiction,
that business will be shortly commenced.
SOUTHAMPTON, Tuesday, October 18.—The German
steam-ship Hausa arrived here last night from New York
bound for Bremen, for a supply of coals, having run
short of fuel during her passage across the Atlantic.
The Hausa has been furnished with the needful supplies
by Messrs. Martineau, Croskey, and Co., the American
agents, and will continue her voyage to the Weser on
Wednesday morning (this day.) She left New York
on the 4th instant, and her advices have consequently
been anticipated by the Africa, at Liverpool. This
fine steam-ship (formerly known as the American
steamer United States) was in 1847 and 1848 em-
ployed on the New York, Southampton, and Havre line.
and is over 2,000 tons burden, with 800-horse power,
She was subsequently sold to the German Confede-
ration, and formed one of the so-called German fleet,
which for a considerable time remained in unprofitable
idleness in the North Sea. Towards the commencement
of the present year, upon the disbanding of this force,
the Hausa was sold for about one-tenth of her cost to a
mercantile firm in Bremen, together w,th her consort
the Britannia, originally one of the Cunard packets, but
now called the Germania, and both ships have been fitted
up as passenger and packet Steamers, to form a monthly
line between Bremen and the United States. They have
accommodation for 500 or 600 passengers, and de a large
business in carrying a better class of emigrants from
Germany and northern Europe to the far west. The
Hausa has only 35 passengers, and a large cargo for
Bremen.

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FOREIGN CRIMINALS IN PARlS.—Amongst the natives
of foreign countries arrested for crime of some kind or
other in Paris during last year (1852), there were only
thirty-three natives of Great Britain—a very small num-
ber indeed, when the large number of English who vi-
sited and resided in that capital is taken into account ;
and which, as compared with the proportion of natives
of other countries arrested for crime, gives us no cause
to be ashamed of our national character. Of other
foreigners arrested, the following numbers are given
Belgians, 441 ; Saxon Germans, 314 ; Hollanders, 136 ;
Prussians, 106 ; Swiss, 104 ; Italians, 84 ; Bavarians,
65 ; Austrians, 39 ; Poles, 36 ; Spaniards, 29 ; Hes-
sians, Hungarians, Danes, of each 16 ; Swedes, 14 ;
Persians, 5 ; Egyptians and Greeks, of each 2 ; and one
Turk.
STATISTICS OP CRIME IN AMERICA.—The latest na-
tional statistics of crime are found in the abstracts of the
seventh census. From that it appears that the whole
number of persons convicted of crime in the United
States for the year ending June, 1850, was about
27,000 ; of these 13,000 were natives (including coloured
prisoners), and 14,000 foreign born. By the same au-
thority, and to the same date, we are informed that our
Population was composed of 17,737,505 natives of its
soil, 2,216,828 born in foreign countries, and 30,314
'whose nativity could not be determined. While we
have, therefore, but about one foreign resident to nine
native whites, there is a fraction over one foreign-born
criminal to every native, including black and white.
Such Was the ratio of the crime in 1850, and there is no
reason to suppose it has materially changed since that
time.

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