The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-09-03
G r Y NJ < w S ,
The Henry Clay Cescmtsy.
SUPREME COURT - SPECIAL TbltM /.
before Hon Judge Edmoads

the defendants should not be discha ed from tho
Of the sutbeities Of ctchcer coucty wars te5 mad
been arrested On the charge OF murder The dsoharg.
b urged the ground that se parlas had bsen already
hell 10 bail by the United States authorities OF this dis
trict. far the sane ofcnoc, change Of Granddaughter
Mr. Denis hcnshon, Jr, counse Tor the d TEND ants
Tallman, Jexcp Eilnondof, Geimainc, Hubbard, and
Merritt shs Captain and officers OF the usasy Clsy-
stated that the defendants in th oase who are charged
With Giscondsct sna Negligence, and causing the death
Of several passengers ia the oust Of Ga. Sheriff
Of the county OF wsstchestcr On oharso Of murder.
That the charge il weetcheses county was made
qcsnt 20 thu ccnntts OF the pariies by tho United
states authorities for tao alleged guilty and feo
bi0us actin the Gao Ia dss,oniuatsd m,.eer IN the
other msnalsughtsr Connsel that tine United
states oosrts Earc esoiusive jurisdiction OF this
oaence OF msnslaueh,er, committed - the same act
having exercised II, tse STATE authorities nave
jurisdiction whasvor in the case aud the parties
ought TO be discharged from arrest under the
rant because rnsn can te put in ROY cf life
LIMB twice fr the offence BY tue Constitution the
Judicial rover o. s Untca st ses extends
10 ali eases OF somGsly srd maritime iuris5ic ton.
Unoer tie terms sdmiraty and maritime" coDlpro
hcnded waters which neygsoa Ter the purposes Of
commerce The tern. also includes legial0r concern
ips cGsnces committed inside Of high water mark; and
where Ccrrrss has enacted offence committed tide
water ana maas :t bic ia te 81 ste caust
they have eKclufiyc jnrsdi ction ct IL. The United
States h&ve, by shs rot Of 1858. regulated nayi.
CATION on beard OF steamboats, and crsatet oeroc
captain ed that &c. renders incpesatvs any
State irei~a,sao OF the aubsect. Mr. MoMai1on
sso submitted that it could not be coaeDiea HAT
Diog the boat he shore makes the offence comitted
pzatie in the State courts being committed
on Land bacGrfe the dscsthe graSamen OF the
chsrge complained of in the wetchcster
committed while Dsvgatng tho boat tide and
the consequence OF that sctshc death of several of tho
asseEGese-took place In tide waters, IN which they
were crowned The death Of john Il. symnonds,
by being buTned ca tho hoat ate. it was rua
the torc cannot be thc purpcrt Of tic ur OF
W
rcnd the boat oud OF the other passengers in tide
felor0us act. wbca cannot be separated to make
separate convictions for eacd death Tue acts
Planned OF are creation Of excessive irea. md OF exces
siyo ftssm, neither Of which, II h,miai import yo-
leOce o. injury The legislature must hnve Thought SO,
lecausc they chased offences arising from Deaths
sicnc3 by bursting boilers or machinery from excessive
steam, uEder the head OF nansaughter in the third
degree. Counsel thereupon submitted that l these par
ties Should be dscharged from the waSraat OF the auho
The District Attorney Tor westchsster county mr.
WeDe) with whom Nix Ralph Lockwood was associated
council submitted that tho facts charged IN the
rant constitute .hs crime Of murder under statute;
the conduct OF the dundaDs detailed in the warrant
though not intended produce death 'imn,incntly
dangerous to the and eynoed adeproved mind,
regardless OF haer lien within the aiming n the
tuto The yes Of he decssged N, lost by The conduct
ct the defendants, who persisted in doing net mani
fshty dangerous TO human life regardless Of the
quences end against the insurance. o the passengers
end those deaths resulted from tleir act This was
murder, firsse' on Grimes. $500. An express design
10 take life to do bodily harm, IL not necessary
may ssii be sufficient in all cases where ii would have
constituted the killing murder. before the Revised
Statutes, except ia the tipale case OF an undersigned
kiing While the slayer Is committing misdencaIor.
The probable consequence OF tho dsfendants' act,
board steamboat crowded with human beings, the
loss 6; lives aca they resumed TO intend the pro-
bable consequences CT tn ir voluntary wiiful
acts Those act, indicated hear: regardless of social
duty snd fatally beat mlehief.p which il tho
criterion OF muilerous intent II the Court ehouid
hcsd that the ense is not murder then submted
mat the acts charged in TIE warrant consti.,xe man
sin r - In tfAti E.vS Stat u
subdivision lst) h3tever amounts 10 public wrong
is indctaLi- m;sdemca.o Keeping quantity Of
gunpowcsr for Instance in pnce where theie il appa
rent carger OF mchi; Isl nui.once, ard ia D3ictaee
n miro neanor though no injury result so, riding
going armed with Unusual daretrous Weapons to the
terror Of the people Is an OH, nee at common law lie
nn. cite numerous cases to illustrate the principle that
whatever couauct j. ctcuipted 10 endsnser pub
nc foflty, or 10 disturb pubic feaoe on quiet,
is misfemeanor. The racing Of e,eanooats
with passengers on board, is m,sdeIe moe q
commoa law ahe defendants loaded tbeie Doat with
passengers they induced thciu Go go board. and to
commit their lives 80 The of ,s tayiug Cd 1ge of
the boat unJsr pledge Of safe tran spors.;oD and .hfn
cd undue unsafc quantity scr and in SO
doing made excessive S1cs aud did net ordinary
dence in their management The nsrpo.. "a ,in-
with arrival boat the parser gers beoaire alarrusd and
reconstructed rgrnst Il The defendants paid atten
ton TO the Temonst,anco but otinatsy per 10
Their orduot TIL The Lcat oserlea'ed by u
badly msrbg,d steam. took FIRE, was consar',0 ANA
nearly o1e hi njrd lives lost. yo maintain iha.
conduct which may by possibility to ay probability.
lead to such effects i not nidemeauer i say that
this IlaDch Of criminal law is destitute, al al principle
u.
oancca II nay be question whether she case docs not
fall under TIC head u rnanlao9er in tue third deree,
Y Rev. stat col SEQ. H. 30 Cd The conduct ct the
de:tndahts IA puk;stipS IN Tie ncts chmgtd against
them in the warrant after refror tyarcps from pas.
sensers clearly injury to tac private rights
Of tho,c passengers ; they had hgal right
to be conveyed 10 their destination without wanton or
unnecessary aaTm annoyance, AID the ycle;ion Of
this right WIS scionabe Che poTiiers &C the Ieyised
StatuteF T5i see 10 third edition. niua maaIaugh-
Ter in the fourth degree not limited "a cases where
TIC death is the immeciate result of the criminal act;
but that secticn applies 10 ~ WHERE the death
be clearly traced 20 thcir cr0ino, negligence Is its
IL is tho certainty and not the Of
uueton between The cause and ELECT taas fixes respon
sibity IL The Court lal be satittd that eny cT!ni
mi offence is sufficiently charged in the warrant,
it should renena the defendants 70 tla cus.ody Of The
ShciG TO bc conveyed before tho officer Who Issued the
warrant TO be dost with by hm according 10 law. The
eyistnce ard validity al The warrant the only facts
taycrabc 81, The return al this ieItGs oys The mower
to basi this writ il confined TO the Of oan
ment and does extend to the q party arrested
under valid process The United states Couea have
jtaitdction q The oGruce charged 10 the warrant. II
caunot t. claimed that the il coguizablS
in ihofc courts under the giant Of power TO
regulate commerce, innsmrch n the steamer Henry
Gay WIS engaged IN a navigation sociy within the
territory and jurisdiction Of the Stale II GeN York
The place where the onercc committed not
the high seas Tile power 10 define q ic,0ii merely
authorize Congress 10 FIX and limit tho definition Of Of
fences Which already fonies and does not author
izc tie erection OF any felony, such as Il designated
the act Of Of lss which does apply to this
The place where IBIS offence committed witln
the bcdy CT county and the limits az and the state
courts ba,o jurisdiction of All crimes committed there
The United states Courts viii exercise admiralty u
risaicton in ninal csses without particular leisla
tive provision in the II Kent Com 800 Should
it be held hat the iu'isdic Of the national and of
the state corfe over this offence is concurrent stl the
United States Courts have not by any action taken by
them. obtained exclusive iHisjciga o}tf he Of
she dttcgdsnts This case lie commended before
the nitct states Court. that cour has yet power
A. and viii get Until Indictment j. iounl
i vii hEn ana not I'LL then have p3str - adi Judge the
cause 4ho proper way for Tie dsendaas t" rosc the
objection to IA" state jurisdiction is " drusrcr or BY
rdta to The iut,sdic'cu when iN8,amtug ,al have
been .ouDd against thcni Counsel then proceeded 10
srow that ihc Of The dttndans muy he violation
81 holm tic act ot CrarUts ma ~ the Ste law. aud
ruah liable under cach the oUa ~ the first b"'ag t.
regulate ccumcrcc and Il te second 70 protect tae
peace aud dicniy OF The State and the lives Of il
ctgenS
Ne. Eslph Loci wood followed on flie same side and
argued al considerable nrth IL suppor. Of the point
submitted by thc bist4ict titorncy 81 Nestchese
county The argument concluded "a. the rising OF
the Court.