Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1840-11-14

Present Recorder Morris, Chief Justice Ulshosfer
Judge Lynch, Aldermen Benson asd WoodhulI.
Nov l3.-Ihe Steamboat Case.-Mr ii. p. Ed
wards opened the on the part of the captain and
pilot Of the DE Witt Clinton, and called Capt. Roe
20 the stand, who deposed as follows -
was master OF the De Witt Clinton at the time
If the collision and had been since 1886 Her berth
had been at Courandt street for nine years
to the occurrence now before the Court When we
arrived frem Albany on the morning OF the 18th oil
June, we found our pier in the occupation OF the
twelve minutes after s. Some detention took place
in consequence Of the boat being advertised TO &c
from COurtlandt street After the boat had started
saw the Napoleon coming ap; ordered the engine to
be backed. which Was done, and the wheels were &C
tually in the act Of backing when the De Witt Gin
ton struck the Napoleon.
The Napoleon did not stop her engine, aud did
not see Capt. HancOx until after the frat shot had
fired before the collision actually took place Whep
the second pistol was fired the boats were backing
OF, and the third shot fired after the boats
If tse engine of the Napoleon had been stopped
at the foot of Dey street, the collision would have
been avoided.
ms views to the Jury
think the pilot of the Napoleon had better OPP
portunity of seeing, than the pilot of the De Witt
Clinton; and :aPposing that he saw the De Witt
Clinton when he was off Dey street, he could have
stopped his engine, and thereby have avoided the
collision If both engines had been stopped, OF
course, the collision would have been avoided.
Jonas c. Hcartt examined-I was q passenger on
board the De Witt Clinton. Reached the boat five
minutes past 3. walked forward and saw the Ma
poleon Capt Roe then to the wheel house, ard
cried out 10 the pilot to stop her.
Just before e boats came together, sa ~ a pistol
fired After the boats came together, they fired
again, and then snapped it again.
Cross examined-Did not think that Capt Hancox
had any intention Of running down the De Witt
Clinton.
Thurlow Weed exanined-I was standing at the
gangway of the De Witt Clinton when she started.
The collision took place after the De Witt Clinton
had got fifty or sixty feet from the end of the pier
If both the boats had stopped and backed, the COLI
sioA would have been avoided.
The Court briefly charged the Jury, and after a
brief consultation, the whole of the four defendants
were found not gully
Counsel for the De Witt Clinton, II. p. EDWARDS
Nelson Chase, and George Wood, Esq.
Joseph w. Hancox captain Of the steamboat Ma
poleon then put on his trial, charged with mali
cioUsly shooting at the pilot Of the De Witt Clinton
with intent, &c &c.
Mr.. Edwards stated the case to the jury, and re-
called Mr.. Heartt, VINO had been previously exa-
mined the part Of the officers of the De Witt
Clinton, who deposed as follows:-
l am a resident Of Troy Was passenger on
board the De Witt Clinton at the time of this &C.
currence. Saw the pistol fired, as stood at the bar
OF the boat ten feet from the buikhead Saw Han
cox draw the pistol, and it might have been fired
second or two before the boats struck. At the
cond fire the boats had sded and also the third
Capt. Roe was then examined, but his testimony
did not vary the facts as they have been reported in
the preceding trial.
On the part OF the defence number of witnesses
were adduced who testified they were on board the
great that they jumpel from that boat to its rival
and went with her 10 Albany,
The case had not gone to the Jury at a late hour,
and probably will no, until Monday morning.