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

de Solo,, which is n very remarkable composition.
James Watson Webb left Paris with his family,
laItic. lie was accompanied by Mr. Daniel Leroy,
who was formerly Consul Of the United States At
Genoa. Is. II. X.
Wreck OF the Orion-sentenec uPen the
Captain ana Second Mate.
From the English Papers
Lord Wood said-We have now, my lsrds, ar
lived al that stage IN the proceedings OF this most
interesting and anxious trial when it becomes our
duty, and most painful duty il s, TO consider and
determine the nature OF the sentence we are 10 pass
upon the verdict that has been returned by the jury
The two first charges are, in truth. one and the
same; and the terms of the verdict apply more
strictly 10 the second charge I'll AN 10 the first,
namely, culpable and reckless neglect of duty "by
an ofhcer or mariner employed on board the Orion
steamship, whereby the ship was wrecked, and
many OF the lieges were bereaved Of life" That il
the statement in the indictment of the particular
description Of the cu!pable homicide charged go inst
the panels, and then what follows is a statement OF
the special case, AID OF the circumstances in which
this vessel, the onion, was wrecked. The Orion
ei the port oil Liverpool on the 18th Of the month
OF June-a fine vessel, one Of the fine Il in that
irade-a vessel fully equipped for the voyage,
having ON board al The time u valuable cargo, and
no fewer than two hundred passengers. II was
vessel with steam engine Of great power, and
capable ct beng propelled at the rate OF fourteen OF
fifteen Knots an hour. When such a vessel, with
such cargo, end with such a number Of pas-
sengers on board, left the port Of Liverpool, IL APP
pears to me that every man who had any charge IN
tnould nave hcd most ndellOly Impressed upOa
his mind, that there vigilance, no care, and
10 anxiety he could bestow in the navigation of
that vessel, which was not his duty 10 employ.
But what is the case The vessel went wrong in
her coursc; one watch is set at twelve o'clock at
night on the 18th of June, and at two o'clock IN the
morning the ship IL driven on the Ward Rocks. IL
IL said IN ihs indictment that the vessel was wreck
ed 10y the reckless ard culpabe neglect OF duty on
the part Of the panels. do not think ssary,
and do not consider that il would be expedent
iot me- al the present time TO enter into all the de-
dwell upon the deplorable sacrifice Of human life
that was the result; but must looh-and We have
found II to be our duty TO look-partcularly at the
circums stances IN the evidence, as they were
dctailes, in order TINT we might come To just con-
clusion rs to the punishment that IL 10 he awarded
Looking 10 these, must confess that ] thnk IL
would be difficult to imagine case In which one
could feel that II was more impossible 10 suppose
that n fbipwrcck could have arisen under the cir
oumstances In which this vessel LETT Liverpool,
than in the present case. The calmness Of the
night, the tranquility Of the water, the olearness Of
the sky-ior the haze was spoken 10 by the wit
nesses as throwing no impe dimeni In the way Of
the safe navigation Of the vessel-and the distinct
sight they hnd 81 the land when they APPROACHED
the coast Of Scotland-all these circumsancss-
with the fact that, after ell, they had been wreck
ed, Is 10 ne, evtn nov, mosd appalling. ! cannot
imagine how IL could have happcned-I am quite
unable TO account for IL; but thing Is certain.
that the catastrophe could only have occurred from
the reckless and culrable neglect Of duty in some
one or other Of the persons In charge Of the vessel
before the wreck took place Hazards were incurr-
ed for which there was no conceivable reason OF
cause-et least II there wes any reason, IL has not
been suggested. All that goes to render il mos,
eggravEt.d case, for II seems 10 have been one that
proceeded upon total neglect Of what your Lord
ship (the Lord Justice Clerk) most emphliically
taid was the great end paramount duty Of every
one who has To navigate such vcssels. namely, the
safety Of the vessel and of the passengers on board
OF coasipg-apparenily ing what perls the yes-
sci can he placed In. and yet TO carry her safe 10
her destination, instead ~ thinking only how she
thould be earned sGfe-and carried safe she might
have been On her accustomed Course clear
course, and known course Now, in thes. cir
cumsiances, the jury have found by a majority
Thomas Henderson, the master, guilty Of cupable
neglect Of duty es belled, under the second charge
but not OF reckless neglect Of duty; and they have
unanimously found John Williams, mate, guilty Of
culrabe and reckless neglect Of duty in navig ,ng
the vessel resulting in the great and terrible oss
of life chareed in the Indictment. | au sorry 10
soy that feel u TO be impossible. with such YER
dict, and IN such case, TO propose any other sem
tenoe at least with regard 10 the second mate than
MAJ 81 transportation. NO other sentence could he
adequate Tor The offence committed, end no other
would satisfy the law. We are, however. enabled |
END am most harry to think that, by the verdict
OF The Jury, We are IN position TO make dstinc-
ter Thos Henderson, because the jury have fosnd |
the latter guilty 81 culpable neglect OF duty as IL
hell.d, but not Of reckless neglect Of duty. Ger. |
isniy that is very material difference between
W
recklcssness on The part Of the captain. Of /
course there would have been no alternative
but TO pronounce upon him similar sentence
u transportation. But feel that, In dealing
With the case OF pereon such as the master
81 this vessel, any sentence we pronounce must be /
suc h ss Go have bearing upon the nature of the
offence. We must take into consideration though
We must not snew u 70 carry us too far, the mo-
nenlous interests Of the public involved in this
ase; and we must take care that the sentence viii
y such az will convey that effect, and teach all
hose in charge u such vessels, by this imprc ssive
essen. the duty which is ncumben Mt on the strict
81, OF most watchful and most unceasipR diligence
n The navigating 81 those vessels on these short
oy sges, however propitions the weather may be-
r however unlikely the chances are Of brs 1ing the
essel into danger. And IL Is no tr1ng offence
hat the master Of such a vessel, upon euca n
oyaee, with such a charge in his hands, and with
rch responsibility upon him, should have cupa-
" len the deck Of that vessel, because, although
'e jury did not find he did anything reckless
, yet the verdict necessarily involves that he cu.
'bly len the deck-that ne, therefore, ought to !