The New York herald., 1849-05-27

cuio oi AO years OF VINO had been found tn
on board the wreck The jury then adjourned TIL next
morning
FIsHxILL. May rs, ls4s
The jury met this morning at o o'clock when the
following document was read = "
w. H B. CHURCHILL. Esq, ConorEn, &c
Dean SR II am not apprsed OF the result OF the In
vestgation which has been in progress before you
relation to the unhappy loss Of the Empire; but OBJ
serving that attempt has been made BY parties in
New York to remove the matter from your charge,
have thought 1t best to direct your attention the
statutes which regulate your such mat
ters. had q conversation with Judge Barculo this
morning and he csncurs In opinion with that IL
any offence has been committed which has resulted in
this fearful loss OF e proper jurisdiction to try
and punish It, II not the only proper Jurisdiction in
this covaty. And We are all accustomed to put 80
much confidence In the verdicts Of Dutchess county
juries that citizen Of the county feeling interest
rs member Of community in such transaction can
tribunal
The provisions Of the statute to which bog leave te
direct your attention contained in title vii art l.
chap part iv of the Revised Statutes; pp 742 74$
of the second edition They require the Coroner when
verdict Is found by his jury incIlpating any person
to the clerk Of the county, ofthe Oyer
and Termner and to bind the witnesses to appear
before the Grand Jury, SO that the matter may BE-
brought before that body.
II your jury find verdict imputng the loss Of life
in this lamentabe to any individual the results
of wful misconduct or criminal negligence, you will
that it rests with to that their finding be
carried into effect by providing that the evidence shall
be presented to the Grand Jury which will sit here
the Oyer and Terminer on the first Tuesday in juno
and truly b.se
Poughkeepsie, May "a lS49.
The subjoned requsition to the Coroner was unani-
TO VILLA" H. B. GMgnSrI.1 ONE OF THE coRoSKRs OF
sIn-The inquest now sitting upon tho bodies Of certa.
found drowned the Of the Empire
% ss ss
h s they Sy & that a.. the
probable Of evidence should be
sss' ss s'sR:
X. g. RANKIN, Foreman JAMES M RANKIN,
ESRES$ sszgs5 sSS$sss$fSs''
FEfaR FENhE bR4T2 RHh9!s' HaAa4ASfqk fsaAc rASsAk
The examination OF the following witnesses was then
ABRAHAM CurcHLEr, Of Troy, deck hand on board
the John Mason Mr.. PLAss, assistant engineer on
the male body found yesterday that of James
Mcdonnell, Of Troy known as Irish Jem He q
labortng man. who worked about the docks, and
York.
JOHN R. HAnnIs, steward Of the Empire, was then
examined.-He deposed that no bodies had been
moved from the Empire but the three brought to
Newburg and the seventeen brought here that night
he slept in the lower cabin which proves to have
been the most dangerous part of the vessel; was
awakened enc by the Iprosr of tho passengers dd not
time, thinking nothing of tho matter, and that
the vessel would 60 again. but finding the noise oon-
tinue, he looked out, aud saw littIe water the
carpet; knew then there danger; putting ON his
pantaloons, no went deck and just came In front
Of the ladies cabin when he first looked he saw many
passengers stirring about and asking what the
matter the waiter told him in the presence of those
passengers that the boat was sinking; there was no
JAM to prevent the people going up thinks good
many had gone to sleep in the forward cabin there
are about 50 berths after tho engine aud about l2e
before it, there three pair Of stairs to get out Of
the lower cabin; there is no vessel on the river in
which the stairs arc so conspicuous there are tive
outside pairs Of stairs from the main deck the pro-
menade deck. and spiral stairs from the inside;
the other facilities two ladders forward there are
no stairs to get on the hurricane deck aft but forward
there are two SETS each side of the pilot house,
gave alarm to passengers that night told them the
he remained there till he saw the cabin full OF
water and concluded tho boat going to sink
at once, and catch all between dock, for he had
experience In such matters; he on board the Swal
low when she sank, like stone the her cabin
filled; he then went up the stairs, the guards and
clambered on the braces to the hurricane deck,
the sarboard side; there great many passengers
running in confusion, the main deck when he left
it, but he jam. There may have been after
wards for the water not then on the main deck;
for his own safety we'll the safety Of the pas
sengers hegot into the schooner in order to throw over
planks; he did SO; he repeatedly and pointedly
forbidden to do by somebody who appeared to have
authority but persisted as long as he had strength
lively after the water got the main deck and thinks
many passengers were caught between decks the Rip
Van Wrinkle came up between the schooner and the
steamer, when there general rush to get board
Of her. witness got on board of her. too and went
her. and getting in rowed around the EMPIRE and in
quired whether there were any overheard; told
before them; pulled directly for the promenade deck
which was nearly under water but finding the vessel
was not sinking any further, he made the boat FAST
and getting on the promenade deck gave oar to Mr.
Plass assistant engineer, to break through the deck
for they heard cries below Pass not able to break
the deck and took Of the tanchons that support
the hurricane dock could not succeed with the STAN
chion; they got axe from the Rip Van Wrinkle, and
with that they cut hole in the deck they were AZ
sisted by Mr. Buckbee, second pilot, and Mr. Levi
Smiths SOM out Of the second hole they made, they
got old Mrs Ladd this the only person they sue
ceeded in getting at all the officers remained on board
all that night thinks would have been desirable to
have had quarter boats than attached to the
Empire.
MIR. TuPpEn.-A law has been passed by the State,
to compel ship owners to have always board life
boat and two other boats, but it will not come int
operation till Juno.
Mr.. HARRs: in reply to a question from juror,
Mr.. LEVI SMITH, pilot Of the Empire, recalled
Thinks there was still little way on the steamboat
when the schooner struck her. stood at the starboard
side at the pilot house; the corner stanchion support
ing the root might possibly obsruct his vision little,
1t bothered him much he always had two men on the
opposite side the wheel; tho alarm bell rung that
night It was he rang IT, when ne felt satisfied the YES
leave the pilot house till the vessel struck when the
collision took place he went deck coming round
West Point he rang the bell to slow and stop her. be-
cause a number of vessels ahead, and 1t was
thick" after be first the pilot house, and
the condition Of the vessels he and rang
bell to go AHEAD the boat then heading little
towards the west shore; she went ahead and
round towards the ship yard he felt the motion of the
engine and the ripple Of the water by the side Of
the schooner she soon stopped the only time he le
the boat was when he carried child board the Rip
Van Wrinkle; he the first to discover the schooner;
he asked one OF the men at the wheel which way she
was going; he said she was going eastward; witness
said no she is standing for us;" he Immediately rang
the bell to slow stop and back her. at the time he
halooed to the schooner three times 60 about
the order to heavc to the west after he rang the
bell; moment before the schooner struck, witness
said, she will sink u.s." from the time he first rang
at the wheel Of the Empire when she on the dock
in New York; nor he censured tor 1t by the
owners as he would have been had he been deserving
of it; he does not think the engineer left the engine
too soon; he worked it as long any prudent man