Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1840-11-13

Jomss Gibson-Generai Sanford, who was assoei-
sted with the District Attorney and Hugh Max
the jury. 1t was IN Indictment charging the defen-
dants with " malicious mischief, in running steam
beat De Witt Clinton into steamboat Napoleon,w with
on the 18Th of Jane last The learned gentleman
made few pertinent remarks on the importance Of
the case, and called Capt w. Hancox, who testif-
| ed
| am the captain of the steamer Napoleon; was
so in June last when the collision took place; my
boat lay at the foot of COurtlandt street not
her usual berth-that was at the foot of Robinson;
bu: this oce aston that berth occupied by the
| steamer Superior. We found il impossible to gel
in there the steamer Saratoga lay at the end Of
the wharf, AID We could not get to Robinson street
| in any way.
! then determined to get into Barclay street, that
being the nearest slip open. This was on the llth
| of June.
f, Here MIR. Wood objected to any evidence of what
happened on the llth Of June,
| hetestimony withdrawn.
On the 18th, found the wharf occupied as before,
and could not get into Robinson street, and there
fore went to Courtandt street, that being the near
est wharf unoccupied, and put planks over boat
| house twenty feet high. The gates Of the wharf
| were closed and men stationed there armed with
| sticks of wood. About 9 o'clock, Alderman Ben
8 n came on board and the condition we were in.
| ID. Attorney-Go to the collision, sir.
| Witness.-We started little before that night,
by passing line over the stern to get her head up
the river. The Utica had gone up from TO 10 mi
nutes previously She belongs to the Peoples Line.
The steamer Legislator was just ahead OF us going
up the river observed to the pilot that was not to
street, first saw the De Witt Clinton was coming,
and said that he must get out Of the way fast
possible He said he could not get her out until he
had passed the schooner lying at anchor off Barclay
street He sheered her Of close to the schooner
possible As soon as he passed the schooner, the
helm was put up to pass over to the Jersey shore.
coming right down on US, and gaining rapidly
| on the Napoleon. i then took of nay hat and wa
we'd it to the pilot Of the De Witt Clinton, telling
him "to keep off" I hailed him three times, but
the boat did not STOP and she struck the Napoleon
just aft the wheel. My boat was at full speed at
this time When she struck the Napoleon, my boat
canted over when the passengers found she was go
ing over the larboard side they ran to the star
board The De Witt CT ntsn being still under head
way, came on the top OF the guard.
Coansel.-Did they stop thenl
Our boat was SO far down that the water was half up
the larboard guard. l was obliged to hold on to
rod to keepa perpendicular position, aud hearing
the 'hrieks and cries of my passengers and regard
ing my safety as well as my property, drew a
voiving pistol and frcd three times at the pilot.
Counsel.-Hew soon did they step
Witnesses was diseharging The third time,
witncss.-Janes Glib on, the Pilot was At the
wheel /; l saw him distinctly. He had sufficient
time to have gone under the stern and thus have a
voided collision, il he had Stacked his engines He
could also have gone up the river, as it was food
tide. He could also have run below the steamer if
he had pleased. After he had struck US, il he had
backed or stopped his engines, he would not have
struck us a second time as we were under weish,
and going ahead. did not fire my first pistol until
after the boats had struck. From the time the boats
struck each other Ierpeeted TO see the Napoleon go
under.
Ceunsel-Had you any knowledge information
which would lead yeu TO expect this collision.
Objected to and Withdrawn.
District Attorney.-Did you hear any thing from
the defendants that weuld lead you TO expect such
| Witness-No,hing but what we heard from their
| Pilot the trip previous.
.. A.-Stste il.
| Witness Our boat lay at Barclay street wharf.
Testimony objected 10, but objection overruled
Witness Gibson came up with half dozen
il into the river One Of our men tried to rescue the
plank and they knocked him down.
| Coaasel.-Did you see it !
Witncss.-Yes, was on board the Napoleon
Counsel-What was the mans name.
Witness Samuel Green.
| Add Green strike Gibson before he struck
Green!
| witness-I think not. As l saw Gibson do this
| / expected he was going to mob the beat.
Counsel.-Did he come On board or attempt.
| Witness Why he had one foot on board, but we
did not speak to each other. After the planks had
been taken off, went andigot pistol and told the IN
| that wonld rot have my boat mobbed. With that
Gibson got piece Of coal which he held IN, as if he
| would heave il at me. l said would fire. Did not
hear him say anything all this time ; but fading
that would not have my boat mobbed, he threw
down the coal, and all Of them left the wharf
| IL. AID YOU make any eubrt 10 get into your
birth, at the foot Of Robinson street, that day
| Witness.-Yes. Bat did not apply to the Docs
Master as saw the berth was fully occupied by the
| Superior.
Witness Il saw the Legislator going up on the
18th She went from the foot Of Liberty street.
She took a course about 50 or 100 feet towards
the middle Of the river The tonnage Of the Napo-
leon is l59; the Legislator about $50; the De Witt
| Clinton yer $50 tons.
d. Au'y.-At what rate Of speed did you start at 7
Wi,se s.-About l0or ii knets, after we swung
| clear Of the wharf
d. Allow far was the Legislator ahead OF you
| when you startedl
wtness.-Abaut $50 feet, or length, when we
left the wharf. We frat the De Witt Clintor
when nearly opposite the Dcy street pier. At thai
time thong she had gone. There is no rule abou
steamboats, leaving the wharf. II depends upon the
tide.
d. A-Did the De Witt Clinton come with all he
FORGET
wi,ness.-My opinion is that her steam wa,
Stacked Immediately before she struck us, aud turn
ed on full again.
D: ALLOW mary passengers had youl
| Witness.-Nearly $40
Recorder.-Three hundred and females, tool
| Witness.-Between 60 and 20 ladies', sir.
| Counsol.-What rate was your boat going att
Witsess.-About IL or IL knots
Coun.el.-WhAt sort of a bow has the De Witt
| Clinical
witnes.-Not very sbarr-rather broad bow.
Counsel-Did any Of the passenger, leave your
boat, SIR, while the two boats were foull
1 Witness.-Yes; several left the upper deck, and
| 20, on board the De W.T. Clinton.
| Recorder MIR. Wood, any questions 70 ask, sir 7
| Wood-None a. present, sir.
| Here diagram Of the collision was handed 10 the
| jury, and several 81 them asked the witness some
unim portant questions IN relation TO the occurrence
| Bv Mr.. EdwaT ds.-Mr. Corwin, the other - mel
| Of the Napoleon, brought me the pistols about an
hour before the boat started. He said, "there were
serious rumors sfnat, and that had better be pre-
| pared. suspected that some boat would ATTEMPT
to run me down and I determined to shoot any man
who attempted to sink my boat and take the lives Of
| my passengers. When ! first saw the De Witt Gin
ton. zoe feet cut in the river from the foot Of
| Dev street.
| George A. Shoefelt, examined-I saw the collision
| bctwees the two steamers. l was the bow of the
II l.. stevens. first saw the Napoleon coming mp
| the river, bearing little TO the west then saw
The De Witt Clinton shooting out Of her pier quite