New-York tribune. [volume] (New-York [N.Y.]) 1841-1842, 1841-12-11

brought before Judge 1pglis writ OF habess corpus
ground that they slaves and entitled to their
release The Judge Unlimited them that they were
free The captain OF the vessel fully acknowledges that
they 80 but the negroes wish back
10 Bahia stating they had wives aud children and
other relatives th.re. They discharged, and
tack with the csp,ain their ship The Labea- corpus
was issued the of George Wilson col
ored Isan OF this city.
COURT OF SESSIONS.
FRIDAY, Doc. 20.
Before the Recorder Judge Lynch and Aldermen Purdy
aud Bradhurst
Isaac r. Dustsn, Captain Of the steamboat Cleopatra,
was put upon trial for minssugh,er causing, by
cupate negligence, the death of Henry Eckford James,
by running steamboat Cleopatra the sail boat the
deceased and his brother in of Wards island.
Euga,e, the afternoon of the 7th OF August last.
Mr. Shaler opened tho for the prosecution, nrd
called the following Witnesses:
Walter Ni1On Jamts brother of the deceased deposed
that he aud hls brother the boa, o'clock
the afternoon OF the 7h Of August cosing towards the
city The weather was culm wind, the tide at cbb and
first coming up from ards the CITY
about 100 yards of did haOo but his brother said 10
him, Make what part Of the boat YOU grasp hold
Oh" The Cleopatra without apparently lying 10 10 avoid
them, came without stopping her wheels, against
the sail boat striking her bow about feet ahead Of the
steamers wheels knocking hole in the bottom Of the
board aud drowning him The wheels of the steamer
were in motion Witness seized hold of the
wheel carried round three tunes, got top of the
wheel got God OF some bars aud into the wheel house,
hallOolng murder several when The wheel Cap
Dustan witness after he taken of the
whce>house, and asked him why the HI he did
keep of the way Witness told him he could
Capt. Dusian said ID lie" words 10 that
effect Witness said attempt made to avoid col
slon did his brother after he knocked into
the The sailboa for want of wind, drifting
with the tide witness and his brother could make
any headwsy the boat The of The sailbost was
higher than t1c decks Of the steamer.
Cross-eIGmned by James 7. Brady Esq-Wness ID
~ years old aud his deceased brother about
~. Both were acquainted with the management OF
boat his brother, steering the best acquainted
They were coming to this city business The sl boat
was heading towards Wards Island when the steamer
came up Witness not frightened, and fret seized
hold of the w4eel. Was taken out OF the whee-house
through the scutue
Jerome B. Wheat dentist, of New Haven, deposcd that
he passenger board lac Cleopatra at the time OF
the disaster Was in the bow of the boat when he saw
the sail boat and Aeatd the cry the passengers 10 stop
the boats whaesws shall be her The cry was ON
s the passengers the bow Of the boat Capt DusiaH
was at the wheel he told The Sieamer was goiug
SO fast that wo were on her almost immediately. did
not hear the bell ring stop the boat but presume 1t
ser the steamer passed the small boat The wheel
pass the small boat after she was struck
and witness supposed both the men on board TO be
drowned. surprised 10 one man rise aud SWIM
Could distinctly all that occurred saw the other
man taken out of the wheel house. Did not hear what
Capt Dusian said To the man. Witness does not think
after the cry raised that the steamer could have en-
tr.ly avoided the sail boat If The wheels had been
stopped as the tue short. She could however
have struck her IN different Grecon and rot 80 hard
The steamer was not than ~ - ee from the sail
boat when The cry raised but witness saw tae sail
boat time before.
Cross. eramiaeG Gould perceive that the wheels
were stopped before the boat was under the wheel J
think saw the wheel 20 round nRti after the boat was
struck After The accident, passenger sand the wheel
was not stopped Cap, Dustan said 1t was he was AT
tho helm himself He vn,licalsd his conduct, Hnd
some blamed the Captain and others did not The man
overheard came up abai the heel swimming The quar-
ter boa, was lowered immediately the man alter
he up.
Direct resumed We had get through the narrow pas
sage of the Hurlgste when struck the boat lhe'e
was no difficulty avoiding the saboa' If proper look
out had been kept.
DANIEL Brors passenger dcposed he heard the cry
when ON the promenade deck looked and saw the boat
run Jovr Caud see the mast aud sais of the sail boat
which had not then come in contact with the ST amer
Can't say that the wheels were stopped saw the walk
iug beam 10 motion usual saw no al Grafton III the
speed OF the boat There psnty of room fer the
soamboa, tc have nvode the small boat "a" the IN iu
up, winning against the tide Saw Tue other man
after he taken Of ;h- Wheel housc Heard Iap''
pustau ask the .aved wh he did keep out OF the
way. He replied he could Capt Ddsal sand II was
d-d lie Witness has been employed on honrd Sic ALL
ho' IN the East River seven eight months rms u
orSus hso bcsn u,cd they might have avoided te
sa UYaJ wthou, difficulty did any thing done
ON board the avoid the sail beat; Saw the
come up and win, and then sinking in the Whirlpool.
CroSS-exQmined Witness has taken steam
boat through He.ga but did no, like TO do it al
-bb tide saw the flag of the sail-boa,.
Direct respmed.-The steamboat could have.
run nearer toward the Island hau she did. or also
went on the other side of the sail-boat.
Horace JIilcor Of Hartford. passenger
Was near the bow on the steamboat nearly oppo-
site 10 IKE guard. when il struck the sail-boat Saw
the sail-boat of, perhaps 200 feet, when some oil
,be messengers said the steamboat would strike
her; saw her struck near the guards. carecn o.er,
and sink stern foremost The wheels were going
AT the time. Saw the deceased go overheard. the
boa, leaving him where it sunk, and saw HIM II
the wafer. After the boat had passed a Grove
gathered round the man wha WAS saved, whei
Cap, Dustan asked him why he did not get out o
the way. He answered he could not. Captain
Dus,an said it was id lie words 10 thu
effect, The survivor said he WAS not fnueh &C
quainted with sailing boat, but tha, ms br Other
who was at the helm was. There was no DIN
Guilty IN seeing the sail-boat.
The remainder of this trial. which resulted IN q
verde, of Not Guilty, will be given in gu r next