The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-05-24

out running her through In reply to this the cap
tain Of the schooner alleges that she had sheered in
that direction at the time her pilot ought have
the schooner and the collision would have taken
place. II the steamer had not sheered at all but
kept her straight would cleared
her bows This latter assertion Is Denied and to
the time the schooner ought to have been by the
pilot of the Empire 1t is affirmed that the night
dark. at that moment especially, ahead. The great
weight OF the evidence however, goes to prove that
the pilot ought to have seen the schooner long
counted for tory The pillars supporting the
po: house it has been suggested may have sestructed
the yiew the schooner coming at her sails
edgewise; and highly intelligent witness captain
that from the cause in daylight he did not
see toop till he right on top of her. 1t would
seem TO me TO require very nice mathematical cacu
lation to determine at distance. and in the dark
whether the vessels would strike if they both pursued
the course. But the important point Is that the risk
OF collision ought to have been guarded against, If
possible that it could not take place The captain
and pilot of the schooner maintain that they pursued
the very to prevent collision ii the had
done her duty This is the fairly put, it has
been urged both sides and supported by testimony
for each party. IL strikes that, after this fatal
collision the rule or law ought not to be left any longer
in nc,rtainiy; and that schooners and steamers
ought each to know exactly what is their duty under
similar circumstances One rule appears to be estab
lshod-that The vessel having the wind is bound to
clear the vessel coming against it. If she has room
There ought to be also some regulation compelling
sailing vessels to carry lights wen steamers In
reference TO the part taken by Captain Upper that
night. unnpeached witnesses have eNoneraed him
from blame and have proved that he used every
ton on board the steamer to the very last TO the
lives OF the passengers, from the he knew the
steamer was hlpg for neither he any other officer
had any i'd, Of danger in the beginning Ever since
the wreck he has paid every attention the interests
OF the passengers and acted with every humanity
The luggage and freight recovered have been
to Trey aud given to the ow nc rs as identified Tim
bers have been secured on the sides of the steamer
under which empty hogsh placed at low water
which will so raise her That she be got closer to the
shore Already she has been brought closer by
pulling on good line at high water
The Coroner is acting with all energy and prudence
in recovering the bodies and in taking OF the
property OF the deceased.
INQUEST.
DUMoNp, the helmsman of the schooner, recalled
Tins morning. He deposed that 1t was within mi
mute from he time he the steamer till the schooner
struck the wheel hard down before the collision
and he thinks the sails had just tedo "a nautical
term describe sails in dead state bet when they
are file by the wind and they begin to shake II he
had steamboat sooner it would not have been
his duty to alter the of the schooner the
tain was in command and being forward had better
opportunity OF seeing any object ahead and making his
CALCULATIONS accordingly; he was the more anxious to
make this statement of papers speak 1.-The
piiot OF the schooner, as If he ponsbe it, how
been described to him he had the command he thinks
IL would be lar safer to hold his than to put
ABOUT IT would have been utterly impossible to
the collision at the time he saw the s,eamboat or yot
the order; the object of the order "hurd. y he sun
posed was to AVOID direct collision by running the
schooner close up in the wind that only their sides
might rub together the steamboat ought to be able
within quarter of mile his orders always
were to stand on that the steamer what they
were about. and avoid collision; the
applies to sailing vessels coming with "a fair wind his
duty would be 10 cl, ar their bows also.
JAMES CARSON was examined this morning. to the
identity OF the woman found last evening He proved
her to be his wife in reference to his chest he could
not swear whether it plundered not; it full
Of clothing, and he got it empty with the exception Of
some letters and horn spoon. On examination,
the witness said the who found the box told him
the letters found the shore; thinks there
have been about four sovercigns in the chest his wife
always kept the purse.
The CORONER stated that from the appearance Of the
chest. it appeared if broken open by being ammed
against something while in the water
The CORONER then examined a. to his having
taken fifteen bodies out Of the wreck of the Empire
EzEKIEL JENNINGS, q fisherman, who was out that
night fishing, deposed that when the slowed,
the schooner about fifty yards from the point where
they would strike; the steamer about hundred
yards south of it; they struck in about two
after the steamer slowed he first the schooner
half mile away. when making her tack from the east
he did not hear any hail that night from the steamer,
nor the bell ring to Slow wasn't in the boat
with Grggs. fifty yards further east Of him;
himself about one hundred and fifty to Two hundred
yards southeast Of where the collision took places the
SIT passed through the Of stakes he
at just ut the time the slowed she was about one
third Of the channel from the western shore and about
two hundred yards from the end Of the stakes;
thinks II the steamer secred east instead Of west she
might have cleared her but cannot swear positively;
the schooner in his opinion did right it the rule
for vessels having the wind, to clear those coming
against IT. the schooner could have the steamboat
lights three or four miles that night.