The New York herald., 1849-06-05

Before Judge Belts.
InDicfMRr OF THR PILOT OF THE STEAMER EaGrIRR
FOR MANsLAUoHTER.
Jus. 4-The Grand Jury came into court and
handed up true bill for granddaughter against the
pilot Of the Empire. Tho following preseatment was
T. the Dss%es Court Of tie United sssse. IN and for IL.
Ssudker DsstIct Of NeW Ysrh.
The Grand Jury attending upon the United States
District Court In and for the Southern District Of New
fully s:s and present they have had under
deratisn the late tho destruction
board the Empire which brought their
notice by tho United States Attorney for this district
and have found bill Of indictment against howl
Smith, pilot Of that boat for That the
Of their investigation in this has drawn
their attention to the general management and oon
duct Of steamboat navigation tho North River and
they take occasion to present to tho notice ofhe court
and tho community some prevalent evils In the mode
Of conducting that navigation, which, In the
OF the Grand Jury, endanger the lives Of travellers
OF steambo.ts at night at their full speed and at tho
rate Of sixteen miles hour and upwards-and this
too, when the night Is dark and cloudy-s practice
usual; II not UNIVERSAL and deserving Of strong CON-
domination; and for which, and s the Of
which, the commanders and owners of the boats arc
justly responsible In morals and in public opinion.
They also present. that in their opinion, careful
lookout by vigant and experienc in addition
to the pilot should in the night season be constantly
kept in arver which is crowded thoroughfare for
commences and that the use Of this precaution would
probably have prevented tho melancholy loss of life
which has occurred in tho of the Empre and it's
adoption in future is impsratively required by due
regard to the preservation of life
the pilots room, and the conversation consequent
thereon, necessarily dstracts his attention from his
proper duty and thus exposes to hazard the lives aud
property dependent upon his unbroken vigilance, and
that the strctest rules Of prevention of this practice
should for the future be adopted and enforced.
They also present. that the captains Of
tho North river should be practically expert
enoed in the steam navigation of the river and not
placed In the position Of supreme command and respon
sibiiy from mere acquaintance with, and fitness
for, the duties Of clerk that however important and
desirable 1t may be that the captain should have tho
character and manner which will insure the proper
treatment and comfort Of passengers yet the safety
life is Of paramount importance, and the additional
guaranty In this respect which the constant and intel
gent supervision OF experienced navigator the
whole management Of the boat would give is matter
Of much consequence to the travelling community.
They also present that in their opinion the rule Of
law which requires steamboats, which are always
garded vessels going before the wind, and, conse
Quenty, under complete CONTROL to clear approach
ing vessel tack by passing under the stern, should
be rgdly enforced The observance of this obviously
proper rule, in every case, would, keyond all doubt
efectually prevent any contact other calamity Of
serious nature to endanger life.
NEw YoRx, June l, 1849
HENRY ERDEN, Foreman.
Mathew Morgan, p. v. Hoffman,
Joseph Tucker, Floyd Smith,
Kenry Kreps, John G. Green.
George Janeway, Alfred Ashheld,
John Ridley, Charles w. May.
Robert B. Tremper, George Hargrove,
William II. Mackrell, William P. Moss.
John Marrenner, George Whiting.
GABRIEL MEAD, Secretary.