New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-09-03
THE HENRY CLAY DISASTER.

SUPREME CeURT-in Chambers Be
fore Judge Edmonds -Habeas Corpus In the matter
Of Tomas Collyer j. f. Tsllmsn. J. l.. JesmP, J. Ell
nepSorf, John German, Edward Hubbard and Charles
w. Merritt, one Of the owners the captain, engoeer
aud assistant engineer, &c. of steamboat Henry Clay.
The argument tho application for discharge under
he arrest for murder, from Wesichester g UNITY was
| continued yesterday. Mr.. Lockwood concluded hi'
Ngument in opposition 20 the motion for discharge.
lie ended that Ii does no, come within tho Law oil
Congress Of 1898, and win be questi)n on trial, for
he jury as to whether is under the statute OF
Eurder mensiaughier and II 10 not for this Court In
Bsbes Corpus Try the mers ef the ofense as to the
distinction, and the parties he Insisted, under the law OF
he ease should be remsnded
Mr.. Wells, District Attorney for Westchester County,
made few remarks, In explanation, no observed OF bis
ugumeIt of "Wednesday. There are four dtsdnct char
s In the pGesen conplant against the prlsoners lss
for steamboat racing; %, that they increased the hrss
and 90, W TOO much stes 3d. mat they greatly mi'nsn'
ICED the fres and the cost after the steam hal been got
lup and, Alb, that they perseyered In such conduct
against the remopktrsnces Of tee passengers who called
their attention to IT, and sppsed them of the danger
To convict under ths laws If Congress for nsnssugh
her, the two first only would be necessary to be proven
But 10 bring the parties fuy this chsrge In this
complaint the whole four must be shown AID that In
dehance Of the remembrance Of tho passengers they
peisevoed In conduct which they know would have
'stet icy 70 endAnser human life
NJ OConor on behalf OF Mr. Collyer, and inciden
tally i'T Ihe o'hesD replied lie asked the Court II 1t
vas possible 10 draw the conclusion OF murder, the
esh>' oil human crimes, snd the greses, otense COM
n'ied among mankind, one looked upon by taem with
lis greatest horror, and shicu receive. the highes,
MEASURE OF poh'nuent When IL 1, evident on she face
OF the accusation, that there WA no intention ON the
part OF any one to commit criminal injury uoon suy
Individual whs'eyerf He considered the ,ubdiyisons
Of TIE law wSs to classify onensesif ,,rops man. for
Instance, struck q strong MAI with club and kIi,d
tlm, Il would not necessarily show mslce but il the
sane struck a child in the same wsy m.I,ca and
eessn 10 kill, would be evident In the E.g,,.h Ia =.
has been he'd 10 many Cases, TO be mu,dsS xh.r.
comiciee INDEPENDENTLY committed ~hils ns,og
ncerntd In upa sul act but In this coont,y ,h.i
law WA considered kpgeroGs, aud narro .,sd Avn
and rts iced and the tSo Subdivisions of the ss.ue
were probably intended codiic4,lon of BIacks,ons
IN, where the distinction Is drawn between roprssr
ara msnsisughter. Mr.. orc. referred % ~sse WHARF
man was hanged about i've years ago 10 We.gcA-s ar
COoniy ans The fscu he hOosh, ware 80 doubtful a. 10
snuiotr. be must confess be was not anxious u
cave hh oilent tried there. II wac case In which
oLuhsab man struck bic wife, between whom aud him
.nrte nsd been freqaent qaSrels, with his bssvy
A. oeo ens cesih ensued Mr. Wells here said that
- W vas nnisiDsormed a. 70 the particalars-.ter
'"' "aa aAa shocked bis vile down be stamped upon