The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-06-05

i were only freight boat. As an owner, has in
The witness was here proceeding to relate con-
| versation he had, subsequent to tho occurrence,
with Mr.. Cannon, at the United States Hotel In
Newburg, relative to rewardipg the fishermen when
the Foreman said he thought this however interesting
might be to know. had nothing to do with the in
Mr.. Dusols said, he thought every circumstance
lating to the case ought out Mr.. Cannon was
director and anything he said in reference to this
Transaction, was evidence.
The FoRExAx-Thsn it ought to be taken down by
the Clerk. nj. ts.f ~
The Clrnx-I will only take down what the Coroner
Mr.. CRossY-win we return improper evidence on
Mr. TELLER-Private conversations sought not to be
taken down; and hope the reporter for the Heroid
will not take any note Of them.
Mr. DuBoIs-You must not dictate to the reporter;
he will use his own discretion.
The REPORTER FOR THE HERALD-The reporter will
do his duty impartisly.
The CoRoSER-The conversation between Mr. Bur-
den and Mr.. Cannon, think, has bearing in this
case therefore, shall not have 1t inserted the
nutes but II the jury wish to hear it, win request
the Clerk to take 1t for their separately.
Inc matter tnen dropped, and the examination Of
went and SO far he heard from all the passengers
neither Captain Topper any Of the other officers
his letter which he stated that Captain Topper and
the pilot left the boat in the beginning reason for
saying that in the portion of the boat where he
was they never made their appearance, neither did
they when he was in the water and till he left in the
orders or aiding. After the Rip Van Wrinkle came to
the dock, witness went board, and in little time
after she started on her way for Albany, Mr. Browne
stated, before all the passengers that mme after
the collision he went board the schooner and saw
Captain Upper standing on the lumber Brownel is
printer OF the Troy Budget. When Browne saw the
Empire was sinking he asked Captain Topper whether
she sinking; he said she was Brownel said In
the name Of God, why don't you get the passengers
One of the jury here objected to this statement as
not being evidence to go to the jury.
Mr. OWENS the Clerk, said it was not evidence of
facts for the jury but explanation from witness
to why he stated in his letter that Captain Upper and
the pilot left the boat
Witness then permitted to proceed He could
mention hundred others, including General Davis
VINO never saw captain upper The captain officers
and hands, could not have been doing what they could
without his seeing them. There no notice sent to
the ladies' cabin when he there of being
alongside with lumber to them; thinks it was the
duty of the officers the little boat and save all
that went overboard vessel like the Empire ought to
have four boats, two hanging her quarter and two
deck thinks life preservers would have been verv
valuable had the ladies much India rubber around
their necks as would have displaced five pounds
OF water and the boat had sunk below her hurricane
deck and they all left in the water it would have
been only frolic among them Qaughter). He wrote
the letter In the Herald for the future order to call
the attention Of steamboat folks to the necessity of
guarding against danger to human life in similar COL
differently from other boats helm was net in the
bow but in the centre; it had effect in driving her
lsion, for he did not see it,
ALFRED II. FIERCE examined-Resdes at Troy; is
MeiGnant; was on board the Empire the night Of
the l7th was sitting in the state room No g. TALKING
to Gen Davis; 1t about Is minutes past 10 o,coc
heard the bells ring in quick succession, slow STOP
and back he had not time to from the saloon 10
the stairs till the collision took place. after getting on
the main deck, proceeded to the engine room found
trouble was he said he did not know he was letting
of the steam he went to the engine at the other side
give lurch; the alarm bell then rang he then met
Mr.: Bugbee, the second pilot, aft of the engines
and asked him what ship they were in; Bugbee
replied that the Empire was sinking, and said they
ought look OUT alarm given in the ladies' saloon
saw people lowering the quarter boat he opposed
doing telling them there safety them ALL on
the load Of lumber the schooner at the starboard
sde then there rush to her, by those who heard
him. saw Captain Upper on the lumber, with light
In his hand giving orders about the fastening ne
in few moments, Captain Upper went back to the
hurricane deck of the Empire and passed the people
did not Mr. King from the time that he left the
engine room till he saw him at the schooner, at the
working at line the steam was blowing off all the
time did not see any Of the hands give alarm in the
cabins for he was not there there great confusion
in getting line fastened to the Rip Van Winkle
the hands assist the passengers into her; did not
zee Mr.. Burden that evening The time could
the water just up with the saloon deck forward;
does not believe 1t among the possbles that the
or could have been brought to shore with that
worked, but thinks the lumber would have been
Knocked about and do mischief if the starboard
been worked, but she would not steer never was q
pilot but had stock in steamboats, did not hear the
bell ring to go on the cylinders in the bottom Of
the Empire and he cannot conceive how they could
work steam with cold water running over them he
does not give his answers upon scientific principles
but practically.
Mr.. BURDEN recalled.-The temperature Of water in
the Hudson river running the cylinders, would
not have made any perceptible difference in the cec
tive force Of the steam, perhaps not half per cent
even ice water would not have so reduced the steam
toessen its power materially till the boat could be
brought an cd
under such circumstances but he knows 1t could be,
and he can demonstrate this scientifically explo
sion might have taken place, but it would not amount
TO anything.
MIR. DuBeIs here again insisted Mr.. Burden being
examined as to the conversation with Mr.. Cannon,
and argued that the public had to do with it, mas
much as 1t bore upon future wrecks Mr.. Cannon
fusing to agree to Mr.. Burdens proposition to com
pensate the fishermen, they would not perhaps exert
themselves in similar emergencies.
Mr.: TEILrR said, he thought private conversations
ought not to be inquired into There would be no end
Of this for he would have Mr. Cannon subpenaed to
give his version of the affair
Mr.. HENRY and MIR. HANSON contended that as thore
were other conversations permitted to be given in evil
dence during the investigation, they ought not to
Mr. Dunols.-You viii see it all in the Herald
me majority OF the jury being opposed to the taking
ofthis statement from MIR. Burden, he was then dis
missed.
The CORONER then said he thought they had now
sufficient testimony, and that they ought to adjourn
till the wreck was raised that they could find any
more bodies it contained, removed from their
Jurisdiction. They could then give their verdict and
thus the trouble and expense Of another inquest
The inquest was then adjourned accordingly.
The jury most probably will not agree.
Thus has the examination of witnesses at this in
quest been brought to close, and did any jury
pursue similar investigation with o searching,
painstaking anxiety elicit all the facts of the
And while no stone left unturned to get at the
truth and differences of opinion occasionally occurred
suavity and good temper the same time pre-
and the highly intelligent and gentlemany foreman
conducted all the proceedings with impartial dignity
ESCAPE OF Scale, TIE GREAT JEwELRY ROE
Der, FROM THE STATE PRIsoN.-There was some
excitement at the State prison, Charlestown this
morning upon finding rope ladder suspended from
the outer wall of the prison. The inference at once
was, that some Of the prisoners had made his
cape and search forth with instituted to ascer-
tain who was missing II known that William
Scale, alias Thompson, alias James A. Scale the person
who in company with Jim Webb, of government jewel
notorety, robbed the jewelry store Of Messrs Davis
Palmer of 600 coo worth Of property and the
brokers' Office ofMessrs Gilbert Son ofsevera thousand
dollars was gone and that he had accomplished his
cape in the following mannerA short time ago, he,