The Sun.
London, England, 1849-12-20 00:00:00

THE SUN,

THE KILRUSH CATASTROPHE.

The Limerick Chronicle contains the following
account of the melancholy catastrophe at Kilrush by
which 41 human creatures were hurried to a prema-
ture grave. Of the number which thus perished 37
were paupers, the remaining four being one of the
ferrymen and two young girls (one a farmer's
daughter, the other a servant), and a child of 18 months
old :—" On Wednesday evening at five o'clock, in-
telligence reached the town of Kilrush that a large
number of persons, most of whom were paupers, who
had been seeking outdoor relief, were drowned while
crossing the ferry on their return to Moyarta. That
humane and excellent officer, Captain Kennedy,
accompanied by Dr. O'Donnell, proceeded imme-
diately to the scene of the tragedy, taking with
them such restoratives as are generally used
in recovering the drowned ; but none of the
bodies were washed on shore that night. Those
gentlemen remained out all night, and the
scene next morning (Thursday) was most distressing.
No less than thirty-three dead bodies were washed
ashore on the northern side of the ferry. They were
removed to an adjacent field, and the coroner, Mr.
Prank O'Donnell, arriving soon after from Kilkee, an
inquest was held on their wretched remains. It
appeared upon the inquiry that no less than forty-
three or forty-five persons (for they could not tell
the exact number), were allowed to crowd into a crazy
and rotten boat, which has been plying on this ferry
for the last forty years. The boat moved on as far
as the middle of the ferry, when a sea broke over her
stern and filled her at once, the wind blowing► strong
from the south-east at the time. She upset instantly,
and her miserable living- freight were immerged in
the merciless waters, while four (who were eventually
saved) clung to her until a boat from Captain Cox's
men came to their assistance. The verdict of the
coroner's jury was as usual in such cases, but
imputing gross neglect, and attaching censure to
the owners of the boat for admitting such a
number of persons into so frail a craft.
With the exception of four the victims were all
paupers, who had frequently come into the town in
vain to seek outdoor relief, and were returning
that sad evening to their wretched hovels in the
parishes of Moyarta and Kilballyowen. The discon-
solate relatives of the unfortunate victims came down
on the shore, bewailing with heartrending cries the
awful calamity, and the bodies of others were recog-
nised by the aid of the relieving officer. Captain
Kennedy distributed money to those poor creatures,
and sent into the Kilrush workhouse for coffins for
the dead. There were two other bodies found on
Thursday night, and four on yesterday morning,
making a total of thirty-nine found dead, and two are
still missing. The ferry (as it is called) where this
most melancholy catastrophe occurred is an arm of
the Shannon, extending into the spot called the turf
yards' by the road to ICilkee, and the peasantry from
the western parts of Clare have made it from time
immemorial their shortest way home. It is stated
that the unfortunate creatures forced their way into
the boat as it grew dark, and that act would
appear as if they were reckless of their lives,
or as if Heaven awarded them a more merciful
death than starvation, by which they probably would
have perished in a few days more. They came in
many times to Kilrush seeking for relief, and were
crowded in squalid groups around the:workhouse gate,
the most miserable spectacle that ever shocked the
eye of humanity. The doomed beings were obliged
for the last fortnight to return to the country without
receiving 11b. of meal, and the charity of the shop-
keepers of Kilrush must have been the only means
during the sal interim, together with that of the
Roman Catholic clergy, of preserving their miserable
lives, and those of many others. The residence of the
parish priest, the Rev. T. Kelly, Kilrush, is everyday
beset by such forlorn and destitute creatures. The
state of this wretched union is almost without a
parallel, and except for some humane arrangements
made by Col. Vandeleur with Mr. Kelly, manager of the
National Bank, the inmates of the workhouse would
have had no food during the past week. There are daily
meetings of the board of guardians, but what can they
do when the Poor law Commissioners treat their
appeals on behalf of a perishing multitude with in-
difference and contempt ? A member of the board
went specially to Dublin last week, and represented
the deplorable state of the union to the Commissioners,
but the mission of that gentleman appears to have
been utterly fruitless."

STATE OF TRADE.
(From the Manchester Guardian.)
MANCHESTER, TUESDAY.—The yarn market has
exhibited an increase of steadiness, and, indeed, of
firmness in the prices of raost descriptions, except the
common qualities of fine numbers. In mule, up to No.
60's, there is a somewhat improving tendency ; and the
large sales of 16's to 24's water, made within the last
few days, for the China market, have given an upward
bias to those spinnings. The operations are for home
consumption, for the markets of the Etat, and for
those of the Mediterranean. The German mer-
chants still keep aloof from business. The im-
provement which took place in goods last week is
fully maintained. The demand continues more
active for printing cloths than for most other
articles ; and prices are, at least, quite firm. The
recent transactions in 40-inch shirtings and
jacconets are inducing the makers to require
an advance upon the attainable rates' of last week.
Both the home dealers and shippers are doing more in
domestics ; while, for long cloths and T cloths there
also appears to be a slightly increased inquiry;
the makers are not, therefore, quite so easily
dealt with as of late. On the whole,
there is a growing cheerfulness among both
sellers and buyers—an expectation that a more satis-
factory state of things is approaching. Certainly,
there has seldom been such lightness of stock at
Christmas, and not often so much business in progress.
ROCHDALE, MONDAY.—The demand for pieces
still continues very good. At this time of the year
we generally have but little doing, but at present
the hands are in full employment, and the stocks on
hand are light. There is but little change in wool
from the previous Monday.
MACCLESFIELD, TUESDAY.— We have nothing to
add to our last weekly report of the throwing trade.
Thrown silks may now be considered much
below their relative value when contrasted
with the raw material, and as there is
every probability of prices being maintained,
there mast be a decided advance on thrown
silks in general, ere long, to enable producers to go
on ; for, at present rates, there is very little margin
between the two. The manufacturers being pretty
well cleared out of old stocks, are looking forward for
an advance on goods, when the orders in hand
are completed. The prices now paid are not nearly
adequate to the enhanced value of silk. Dyers con-
tinue well supplied with work for the present. In
the raw silk market prices of China are very firm.
Italians area little neglected at the extreme rates,
owing probably to the difficulty experienced in the
working of them.
HUDDERSEIELD,"' TUESDAY.;Bodusyehrasvehbaeveen
very
numerous, and. the sales in low
extensive. In'vestings there is not much doing.
Wool finds purchasers, and the advance in price con-
sequent on the close Cif-the London sales is realised in
this district.

HALIFAX, SATURDAY.—There were but few buyers
in our Piece Hall to-day, but there is a good business
doing in the warehouses and to order. Lastings are
scarce, and command higher prices. Mixtures, also,

sell freely at improved rates. The demand for
yarn, especially for export, continues unabated,
and the quotations are still looking upward. There
is scarcely so much activity in long wool, which ma-
nifests much firmness. Short wool sells readily at
improving prices.

LEEDS: Toesnar.—We have no change to notice
in the woollen trade since last week. The markets
have been flat to-day and on Saturday, but for the
time of year not bad. Prices are firm.

LAW INTELLIGENCE.
COURT OF EXCHEQUER, Dec. 19.
(Sittings at Nisi Prius, in London, before the LORD

CHIEF BARON and Special Juries.)

BADCOCE AND ANOTHER V. THE GREAT WESTERN

RAILWAY COMPANY.

This part-heard case was resumed to-day, at the
sitting of the Court, when Billings, the guard, whom
it was suggested on the part of the plaintiffs was
concerned in or had connived at the robbery, was
examined on behalf of the company. It appeared
from his evidence that he had laid out on the good-
will, lease, and incidental expenses of the beer-shop
as much as 6101. 4s. Bd. This sum he accounted for
within about 1001.

Sir F. THESIGER having replied at considerable
length,
The LORD CHIEF BARON delivered his charge to the
jury, in the course of which he expressed a clear
opinion that in point of law the company would have
been perfectly justified in refusing to carry the case
of bullion at the ordinary rates of conveyance.
Whether the plaintiff► had chosen or not to declare
the contents and value of the package, the officers of
the company might have inferred it to contain bullion
to a great amount from its appearance, and then, if
they had refused on behalf of the company to carry
it on the ordinary terms, he was quite clear that no
action would lie against the company for their refusal.
Bankers ought not to expect to send a chest contain-
ing 1,5001. in gold and silver coin from London to
Taunton for Bs. His Lordship also remarked that in
the course of his experience of half a century in the
Courts, he did not remember to have known so much
bullion entrusted to so feeble a package. Having
commented very minutely upon the critical situation
in which Billings was placed by this trial, and ex-
plained that though theoretically, but not practically,
he was being tried for felony, he told them that they
ought to expect a very exact calculation from him, in
accounting for the money he was proved to have spent,
and that they might well consider whether the profits
of his business were not sufficient to cover any dis-
crepancy. The Learned Judge concluded by giving
the following direction to the jury :—lf they thought
the witness in the box (Billings), with reference to
the whole case before them, was the person who
was guilty of this robbery, either by himself or with
the assistance of others, then they ought to return
their verdict for the plaintiffs; but if, on the other
hand, they thought the evidence did not satisfy them
that the case for the plaintiffs amounted to anything
more than a mere suspicion, then it was for the plain-
tiffs to make out that issue, the demand being for
1,5001, the defendants saying " you did not insure,"
and the plaintiffs replying "we assume ordinary
risks, but this parcel was stolen by your own servant."
That issue was to be made out by the plaintiffs, and
if, in their opinion, as just, reasonable, and cautious
men, they had failed to establish it to their satis-
faction, then they ought to find their verdict for the
defendants.

The Jury retired, and after an absence of nearly
two hours, returned into Court, and the Lord Chief
Baron having been sent for,
The Foreman inquired of the Learned Judge
whether they were to require direct evidence of the
guilt of Billings ; because they had assumed that they
could not return a verdict for thepiaintiffs without it.

The LORD Ciller BARON said fie was not sure that
he quite appreciated what they meant by direct evi-
dence, but the evidence they ought to expect was such
evidence as would convince them of the facts. It
rarely happened that absolute evidence of the fact
could be had from an eye-witness. In the case of an
atrocious murder there was first the evidence of the
murder, and then the question was, " Who had done
it ?" Very seldom, indeed, did it occur that any one
saw the deed done, but then various circumstances
were put together which formed circumstantial
evidence so strong, as sometimes enabled a jury to see
their way clearly in convicting the accused party.
That would be the sort of evidence upon which this
case would be decided.

The Foreman—We were under the impression, my
Lord, that your Lordship had directed us that the
plaintiffs had not prayed the affirmative of the issue.
The Louis CHIEF Beitost—Oh, no. That I ex-
pressly leave you to decide.
The Foreman—We must retire again, my Lord ;
and shall be absent only five minutes, or not return
to-night.

A juryman, as they were preparing to return to
their room, addressed his Lordship, and said that
being extremely ill, and the inquiry having lasted
much longer than he expected, it would be utterly
impossible for him to remain in court much longer.
lie had to request his Lordship, therefore, in case
they were not prepared to give a verdict shortly, to
allow his physician to be sent for, who, upon his
arrival, would give a certificate of the dangerous
state of his health, and upon that he trusted the
Court would discharge him from further attendance.
The jury returned in about ten minutes'. time,
when the same gentleman urged his request formally,
after it had been stated that no verdict had been
agreed upon.
The LORD CHIEF BARON ascertained tite name of
the physician, and gave directions that he might be
sent for instantly.
Another juryman said he had left a relation dan-
gerously ill that morning, and that there was not the
slightest possibility of the jury ever becoming unani-
mous. It was a case of considerable doubt, and they.
would much prefer to be discharged without giving a
verdict.

The Loan Cain, BARON, after remarking that the
illness of p relation was no legitimate excuse for not
attending upon a jury, inquired whether the parties
would not consent to the jury being discharged ?
The clerks to the attorneys en both sides said they
were left in court without authority to consent to
dircharge the jury without a verdict.
The Loan CHIEF BARON then said, that in conse-
quence of the urgent representations made to him by
the invalid juryman of the dangerous state of his
health, he thought he had the power to dispense with
the formality of a physician's certificate, and he would
at once, therefore, take the juryman's statement on
oath.

The juryman was then sworn to answer truly all
questions demanded of him, and having answered
several questions put to him by his Lordship on the
subject, his statements in answer to which were cor-
roborated by the foreman,
The LORD CHIEF BARON discharged him from
further attendance in the case.

This proceeding having the effect at law of breaking
up the jury, the remaining eleven jurors were for-
mally discharged without giving a verdict.

BUSINESS OF THE COURT.

The LORD CHIEF BARON gave notice, that after
to-morrow (this day), no more special jury cases
would be taken at the present sitting. Four were
ordered to be set down in the list.

Mr. Baron ALDERSON will sit here to morrow (this
day), in place of the Lord Chief Baron.

ASSIZE INTELLIGENCE.
NORTHERN CIRCUIT.—York, Dec. 18.

NISI PRIUS COURT.—(Before Mr. Justice CRESS-

WELL.)
John Laverach and Hannah Laverach were charged
with having at Armin, in the West Riding, on the
Ist of November last, administered to Abraham
Laverack and Hannah, his wife, a certain deadly
poison called white arsenic, with intent to poison them.
Mr. Overend and Mr. igby Seymour conducted
the prosecution ; Mr. Dearaley and Mr. Campbell
Foster defended the prisoners.
His LORDSHIP having summed up the evidence,
The jury, in a short time, returned a verdict of Not
Guilty.
__

Join Nagga was indicted for forging and uttering,
knowing it to be forged, an acquittance for 351.,
with intent to defraud Messrs. Leatham, Tew, and
Co., bankers, of Wakefield. Another count charged
him with intending to defraud John Leatham, a
trustee of the Widows' and Orphans' Friendly So-
ciety, who kept an account at Messrs. Leatham and
Co.'s bank.

Mr. Hale and Mr. Hardy conducted the prosecu-
tion ; the prisoner was defended by Mr. Matthews.
It appeared that the prisoner and John Leatham
were trustees of the Widows' and Orphans' Friendly
. Society, whichtconsisted of 700 members, and had
several branches. When a branch had collected a
sum large enough to be put into the bank notice was
given to two trustees, who, on depositing the money
in the bank, received a deposit- note from the bankers.
This note had then to be cut in halves, each trustee
taking a half; and then each half had to be deposited
with a different branch of the society ; and, when the
money was required again, the two trustees had to
get the halves of the deposit• note from the branches
where they hid been deposited, and then the trustees
would jointly present the two halves at the bank, or
have the name of the trustee nit present endorsed on
the other half. On the 22d December last, the prisoner
having only one half of a deposit-note for 351., obtained
the other half from a branch of the society, on the
ground that he was going to pay 101. more into the
bank, and take out a fresh deposit-note for 45L, and then
he presented the note,:endorsed with his own name and
that of John Leatham, by which means he drew out the
351. The endorsement of JohnLeatham was a for-
gery. When .asked to return the half of .the new
note, by the person who had given him the half of
the old note, he said that he had it amongst his papers
and that he would find it. But no fresh note had
ever been issued, as the prisoner had taken the 35/.