The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-10-01

way EDWARDS. and that the crew, and the pas. n
gers in particular, should have had the benefit OF
his skill IN conducting the vessel IN addition 70 the
ekll Of the raIe, UPWARDS I'll he reachsd the
CLYDE, and from that 10 his destination. For,
can we doubt for moment, after the testimony
borne 20 bis character as seaman, that II the cap
tain bad not been neglc citing his duty, hnt had re-
NAMED on deck, reedy 10 exercise his skill, that
there would have been no wreck, and that The YES
sci must have arrived 10 few hours al the port OF
Greenock, instead OF fifty of the passengers and
crew being drowned, and the lives of the rest be-
ing ps ced in danger Under these circumstances,
and making every allowance for the Distinction
which the verdict imposes, by every consideration
l can bring 10 my mind, and with every desire TO
make the punishment IS light as ! think It can he
made consistently with the ends OF justice, | have
the greatest pain in Coming 10 the conclusion that
the sentence upon the capein must be one OF I'M
prsonment and such as 10 show those having the
charge of such vessels that for the slightest
neglect Of duty, followed by such caldmitous re-
sulls as in the present case. they must answer 10
| the law. Upon the whole, propose that the sen,
terce of the court upon Thomas Henderson should
be, impris for eighteen calendar months.
Lord Ivory said that il was with the greatest pain
he felt himself called upon TO concur in the sen.
tence proposed /; and, in the circumstances of the
case, he felt that he need not say more than ex-
press his concurrence in the remarks OF Lord
Wood.
The Lord Justice Clerk then addressed Cap
tain Henderson, and said You have been con-
vc:ed by the verdict Of the jury, by a majo-
| MY, Of culpabie neglect q duty, whereby the
| ship Of which you had the command was wrecked,
| and many lives lost: and there can he no doubt
of the Truth of what has been impressvely state
by Lord Wood, that, had II net been for that ne
| glect of duty, this vessel would not have been
| wrecked. Nothing could have enabled us TO make
| your punishment lighter Than that OF the mates,
but the fact that the jury have drawn distinction
| between the two cases Had il been proved that
you had LETT the deck in the reckless discharge of
| your duty, we would have made distinction 10
favor of the inferior 0iiicer; We must have made
yours The higher end lar more severe punishment
| But culpahly 10 leave the deck in such crcurl-
stances-the neglect of duty by which the vessel
| was wrecked-is an offence which we must take
Gale to punish that, in the words Of the indc-
ment, others may he deferred from committing
| the like offence" The sentence of the court is,
| that You ere 70 he imprisoned for the period of
eighteen months His lordshp then addressed the
| mate, and said John Williams, YOU have been
convicted of "culpsble and reckless neglect as
officer or marneI'em ploye on board the amship
Orion, whereby the ship was wrecked, and many
Of the eges were bereavel Of life" Little as you
may have thought Of the reckless neglect of your
| duty in navigating such a vessel, how awful have
been its cCnsequtn noes Alas how little did the
numbers on board that vessel imagine that they
were TO be exposed, many, to instant death, all
10 suo danger, 10y the reckless neglect of duty by
an officer Of that ship. The sentence to be pro-
nounced in your ia, no doubt, one that mu 81
| produce great impression; but, on the other
haDd, the offence is oneihe culpable and reckless
neglect of duty by which such steamer is wreck
| ed-ihe offence is which, really, one wants
words almost TO describe; and, as Lord Wood has
said in this case, there is nothing that can account
| for the wreck, every circumstance being one on
which all mankind would have reckoned safety
| certain. That which, alas they deemed to be
most propious circumstances the reckless neglect
OF an officer board, in running the ship aground,
| turned TO disaster and calamity. His loriship
then sentenced Williams to transportation for
/