The Sun.
London, England, 1825-08-23 00:00:00

IN RE WELCHMAN-HABEAS CORPUS•

The petitioner, Henry Welchman, was brought up on a 'twit
of Habeas Cerpus, in order to apply for his discharge from pi-
son,"whethcr he had been committed by the Commissioners Tor
refusing to answer a question put to him respecting the balk-
ruptcy of his brother. It appeared that he had purchasedthe
premises-and stock in trade of his brother previous ty the cim-
mission, and had. paid 1,0001. in part of the purchase-Maney,
giving security for the remainder. Upon his examinaticii he
admitted that -hen he first went to reside with his brother lie
possessed only 1501. and furniture to the amount of 15/. or 20/.
The Commissioners inquired when, how, and by what means he
became possessed of the sum of 1,000/. paid to the bankrupt ?
The petitioner refused to answer this question, alleging that,-
. as the assignee 4 were in possession of the" property for which it
was paid, he had no right to be called upon to explain how he
acquired it.
The LORD CHANCELLOR, upon looking into the warrant
of commitment, observed, that no precise time had been speci-
fied as the period when the witness went to reticle with his
brother; and as the 'ground of asking the question grew out of
its supposed proximity to the period of paying tie 1,000/., it
was of importance. As the recital was thus vague,his Lordship
must discharge the applicant, but the Com Missioners might call
him up and examine him again.

MAC ADAMlSlNG.—Preparations are making in
Piccadilly for a continuation of the Macadamising system from
Half-moon-street to the corner of Bolton-street, which will in-
clude the frontage of Mr. Baring's noble mansion. This space,
when completed, will connect itself with that part of Piccadilly
which has been for many months under trial, and appears to have
completely answered the expectation.

PAasme WlNE.—Wine made from parsnip
roots (says Mr. Put LLIPS in his history of culti-
vated vegetables) a pproaches nearest to the Malm-
sey of Madeira- and the Canaries than any other
wine ; it is made with little expence or trial b le, and
only requires to be kept a•few years to make it as
agreeable to the palate as it is 15 LOIPSOITU. to the
body ; yet fashion induces us to give pounds for
foreign wine, when we can obtain excellent wines
of our own country for as (witty shillings." Being
in the habit (says a writer in the Farmer's Jour-
nal) of making a variety of .ines, a',1,1 giving the
subject much attention, I wilthwly hear testi-
mony to the correctness of M'. Phillips's
statement. Parsnip wine surpasses the caller
borne made wines in the same ratio of ex.-
cellence that East India Madeira is supe-
riOr to Cape. To every four pounds of parsnips
cleaned and quartered; put one gallon of water ;
boil them till they are quite tender ; drain them
through a sieve, but do not bruise them, as no
remedy would clear them afterwards. Pour the
liquor into a cub, and to each gallon add three
pounds of loaf-sugar, and half an ounce of crude
tartar. When cooled. to the temperature of 75
.deg• put in a little new yeast ; let it-stand four
days in a warm room, then turn it. The mixture
should; if possible, be fermented in a tempe-
rature of 60 deg. September and March are best
seasons for puking the hie. When the fer-
mentation has, subsibed, bung tio‘'vn the cask,
and let the wine stand at 'ems twelve months
1 before bottlill.

FOR THE MURDER OF THE FRANKS FAMILY.
Mr. Seeleant Goon) opened the case. He said the two
prisoners at the bar, Arthur Keep-and Thomas Bourke, were
charged with the murder of three indiViduals—a husband, his
wife, and their son. The transaction occurred on the 9th
abit.itionSep-
tember, 1823; the place at which it occurred -,vas called leis-
sochiina
tookte were Franks.—
macea alreadyn'ks.-- 1
.;
nagourneen, which is situated about two miles front
hildor-
rery, and was the h
!toes- n, iin
consequence of
of
the
a ho .
fri dt h et r
prosecutionliw'arttii
the Spring of 1824, when three brothers' named Creole's,
were convicted. At that Assizes it was only right to state
that the prisoner Keeffe was in the dock, and that his trial
was postponed at the instance of the Crown. It " was also
right to state, that at a certain period of that Assizes Keeffe ex-
pressed his willingness to go to trial. It was further right
to state, that at the last Summer Assizes he was ready, and
that his trial was further postponed at the instance of the
Crown. Since then circumstances came to the knowledge of
Government, which led to the subsequent arrest of the prison-
ers, who were now about to be put upon their trial for one of
the most barbarous murders that ever disgraced-any nation of
the earth. It would appear that Arthus Keeffe was married
to a woman named Kearney, the daughter of Jetties Kearney,
by his first wife. In her right Keeffe had, or asserted, a right
to considerable property after the death of Kearney. Kearney
married a second wife, by whom he had children, and about
the period alluded to, Henry Franks, son of Thomas Franks,
was paying his addresses to one 'of the Miss Kearneys, and
his marriage with her was actually agreed upon. How far the
marriage thus contemplated interfered with the pretensions of
Keefie it was not for him to say, nor for the Jury to consider;
but certain it was that Keeffe had madedeclarations, from which
it appeared that he conceived his pretensions were likely to be
injured by the proposed marriage. Property, it was well known,
was thegreat source of crime. Toretain and possess that property
which is not our own, has given birth to all varieties of crime.
The time to which he alluded was fitting, and the instruments
were many and willing. The character of the Frank's gave
facilities which would not be afforded under other circum-
stances. They were regarded as severe landlords to their te-
nants, and this gave facilities to those who were disposed to
injure them. It would be for the jury to consider, but it was
very distinctly stated, that the-minder was no sudden thought.
On the 7th of September, the Sunday preceding the murder,
a meeting was held near Mr. Lowe's house, •at which the mur-
der was. determined upon. At that meeting, it would be.praved
that Keefe was present, and concurring. The murder beieg
resolved upon, arrangements were made for carrying it into
effect. Appointments were made fur meeting in a potato-
garden, near the house at Lisnagourneen. It would be neces-
sary for the Jury to attend particularly, not only to the place,
but to thehours at which this transaction occurred. Agree-
ably to the previous resolution, some of the murderers proceeded
to the potato-garden, where others were collected before them.
A whistle was then given and parties arrived in different di-
rections. After a time the party rushed into the house. Tice
family had dined in their kitchen, and the cloth still remained
on the table. This ruffian band instantly proceeded to effect
their sanguinary object, and. ins very short time the whole fa-
mily was butchered. It would be proved by four different per-
sons, that Arthur Keeffe was present commanding the party,
and whilst any life remained, crying out, " Boys, do your
duty." He was dressed in a green coat, and held a whip in
his hand. All the witnesses would Depose that the Captain,
whom they called Keeffe, wore a green coat, and had a whip,
and that he never afterwards was seen in that green coat, al-
though he had frequently worn it before. There was another
minute circamstance. Keeffe had a dog of a particular de-
seriptioni a policeman who came from Kildorrey, upon hear-
ing the transaction, Saw this dog in a lane near the premises,-
be for the jury to compare and consider all-the evidence, and
were often found-trellieWelantEMW. M. but taken with
me,
to give the Case humane as well as a firm consideration. As to
Bourke, he was seen by almost all the witnesses. There was a
curious circumstance connected with hint. He had a shirt
over his clothes during the transaction, which he left on the
premises. This shirt the gardener's wife bad washed, and
hiirg on a bush, and in the evening Bourke was discovered
taking the shit' from of the bush. He (Mr. Sergeant Goold)
Would be glad_ if the verdict of a jury absolved the prisoners,
or either of them, from the commission of this horrible crime.
' If, on the contrary, they believed the concurring testimonies of
so many witnesses who had no previous means of concert, and
no motive for fabrication, they would best discharge their duty
to themselves, their country, and their God, by giving a verdict
against the persons guilty of this barbarous murder.
Timothy Sheehan, an approver, deposed that he remembered
she night of the murder. Being desired to turn to the dock,
and' look if any of the persons who had assembled on that
occasion were in it, after a considerable pause he identified
Bourke, but lie did not, he said; see any. one else that was
present. Witness 'described himself as having tried to save
the Franks, but ie he could not get any assistance he ran back
to the door. The two Cremens were of the party inside, and a
man was standing near the table, who wore a green coat, and
had a switch or a whip in his hand. Witness had seen this
person at a meeting on Sunday, when he wore a pair of leg-
gings. 'Being asked if he would know that man now, he re-
plied that he would. He was then desired to turn to the
dock and see if he was there. He did so, and immediately
pointed out Bourke as the person.-1A sensation pervaded
he entire court at this identification, as it was generally sup-
posed he would put the wand upon Keeffe.]—The witness, on
further examination, stated, that there were other persons
at the murder, whom he knew then, but he would not know
now.
On cross-examination by Mr. O'Coststmet., the witness
stated that he was never. frightened ; . that though he was
examined before justices of the peace, he was never sworn till
he came on the table. He was asked if he knew the name of
the man he had identified, and he said be did not. Major
Carter had pointed out a man to him at the gttard-house at
very like him. " I believe," said Mr.. O'Connell, " they
Doncraile, where he was himself in custody, and Bourke is
threatened to hang yourself ?" " They did, Sir," replied the
witness, " there was one Dundon there, and he told me if I
did'nt turn king's evidence they would hang me, and so I
And you would swear any thing to save your life ?—I

would, Sir.
Edmond Glareen, a resident under the same roof with the
Franks' family, identified both the prisoners, and stated that
on the evening of the murder, Bourke, in company with an-
other, called him out of the house, and employed hint to tell
three other men, who lay concealed a short distanceoff, that the
Franks were at home. He and his, family were then com-
pelled to go to bed in the part of the tenement which they in-
haLited, where they remained till the murder was over.
He
hrd known both the prisoners previously, as residing in the
neighbourhood. On the departure of the party, the witness
said he rode to Kildorrey, and gave the alarm. The witness
was cross-examined at great length respecting. some apparent
discrepancies in his evidence respecting Keeffe, owing to there
having been two of that name present, which caused some con-
fusion in his statement; and also rL, pecting the localities; ,but
nothing material was dieted. He further stated, that as near
"as he could gess, it was 12 months after the murder that he
told the police he could give information about it. He was in
custody himself at Doneralle and in Cork, chafged with this
crime. Walsh, one of the persons concerned in it, was gone
to England. He itflerwards admitted that he knew the mur-
der was to take place three weeks before it was committed, but
concealed it from fear. He denied that he had received any
money from Ms.r. Kearney to swear against Keoffe, though he
knew they were on.bad terms ; and denied being influenced in
giving his evidence by the hope of a place in the police.
Mary Myers, who lived with the Franks' family, was in the
the kitchen on alb fatal evening, and described several circum-
stances of the murder, which she witnessed from beneath a
table. She identified Arthur Keeffe as present, and inciting
the rest of the assassins "to do their dhty." On her cross-
examination she admitted having once, sworn before two ma-
gistrates that Keeffe was not there. She swore so to save
Keeffe's life, Whom- she had long known. She is 19 years old.
She thinks God would forgive a false oath that saved a man's
life, hut not one that took It away.
. Edward Magher was one of the party at the house the night
of the murder, and confirmed the last witness respecting
lieeffe's words to the gang. The cross-examination of this
miscreant, who admitted that he would take the life of
sucking child, and wade up to his neck in blood if ordered,"