The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-09-09
The Henry Clay Calamity before the Grand
Jury.
UNITED STATES DISTRICT COURT.
Dafnrn HIM Ill.lca Dnffa

UNITED STATES DISTRICT COURT.
Before Hon. Judge Belts
Srpr s.-Ihe following gentlemen on the
Luther G: Carter. Foreman. Julius Hitchcock
Peter j. Bogart, William A. Stilwell,
Ebehezer g. Ferris, John ]. jackson
Henry A. Haley. Thomas Thompson,
Ezra LUDLOW. Augustus J.. Wood,
David Cuackenbgsh Joseph Bell
Wlliam X. Sircrg Albert W. 6ob,e.
Thomas j.. Smith, Ebenezer :. Dewey,
Jiieh Ball. John IS sa!,er,
Gco,ge Wool. Thomas Mcknight
the Judge then proceeded to charge the Grand Jury.
lie sad-Gcnt!emen Of the Grand Jury, your services
quirsd this OCCASION to aid in the crmical jur-
diction Of this court; it will deyoe upon you to inquire
into the acts Of iDdyiduals charged with criminal Of
fences against the United States whether triabe in this
or the Cncu Court. The calendar OF the criminal
shows considerable amount Of accusations, of
which however. ale OF high magnitude though some
OF great interest to the public. The first the
cal ndar relates TO the destruction of the steamboat
Henry Clay; several Of the officers of which be-
leve are under arrest charge Granddaughter There
Is law of Congress Of 1888, which That every
captain. engineer, pilot other person employed
on board Il any steamboat vessel propelled in
whole or in part by steam by whose misconduct negli
gcDce or inatenton to their respective duties life or
be DESTROYED shall h deemed auity Of manslarhtsy
and upon conviction thereof before any circuit
the United States shall be sentenced to confinement at
hard labor for period not more than ten years.
The Judge then continuedI shall not undertake any
abord expositons the Law upon this matter Is
the duty Of Judges Of this District to prepare elaborate
charges ourselves till hear the arguments
from the counsel on both sides It duty owcycr
to xpound the law SO as to assist the mind OF the jury
in the consideration Of the proper topics involved shall
therefore, confne myself to exposition Of the provs
ions Of this law 1t will devove upon you to saw wheh
any point Is established which proves any of the
charges made against the persons accused You
aware that since the Introduction of navigation
there has been an increasing and anxiety to attain
the utmost speed and this feeling not limited to the
pIopr!eors Of steamboats, but shared by the commun
~ at large There spirit manifested the part of
the people, to encourage, countenance, and to stiu
late them to attain the greatest speed 1t is but nau
raj that the owner should partake of this feeling be-
cause he has interests at stake his property Is invest
ed and his success depends TO great extent, upon
the superior attachments Of his boat. Since boats began
to run on the East and North rivers you are aware Of
construction The first essays very SLOW exceed
ing four or FIVE miles an hour then speed Of eight and
nirc was attained and in 1928 was considered extra
ordinary improyemt Mt made which enabled boat
70 TO Albany from New or between sunrise and sunSe
From that tune the speed has been constantly increasing
till atleDgth boats sucoecded in running twenty
even twenty i've miles in bonr. The competition be-
tween boats ON rivers has been going for
years but recently other competitor entered the
HELD steam has been applied 10 convey anco by land
End passenges are now earned with twice the velocity
This has led TO fresh eXcrons the part Of steamboat
owners and higher demands on that Of tbs travelling
community. till we have arrived at pout at which
the boats can BIO propelled with speed nearly equal
to that Of the railroad In this state Of things
| there IL no doubt great hazard, You arc aware
that in the employment Of this agent immense force
is brought into exercisea force whose is attended
with great danger One great object has been TO employ
the poser With tie east possible weight ofmachncry
construct the boilers the ghtest manner constt Mt
with the afey OF the passengers. But whatever way
the engineer dspoys his skill Of science say that
there IL always hazard about the generation of scam
by causing rush OF water upon the boiler There is
great dosre, on the part Of the aud officers TO
scqure the greatest speed and q consequent hazard,
which demand ON the part of the government some
check upon those that they shall not employ this
power In monner that may endapger the lives OF the
passengers. IL II undoubtedly with this view that Cou-
gress in 1s3ospassed law placing restrictions upon
steamboats, ttate law has been enacted IN aid of this
prohibiting vessels from pang within twenty yards Of
each other and requiring them to blow off their steam on
their arrival at the wharf and in the event Of the
neglect Of the proper officer to do so, very heavy
pepa is imposed In aodit TO this, law has been
enacted which provides that IT, through inattcnion or
any neglect Of an officer life RI all be destroyed without
regard to motive, he shall he deemed guilty Of
slaughter and sentenced to imprisonment for ten years
This law Is undoubtedly stringent oneit departs from
tie ordinary principle involved in the enactment of
criminal Iaws-it leaves aside the motive, and looks only
20 ascertain whether he has neglected bis proper duty
gone beyond the line which prudence would mark out
and IT, through his carecssness life has been lost he Il
made legally responsible. You will therefore, not be
required to look into the intention design Of the officer
IL II TO be presumed that Of the officers intended
harm to the persons under their charge that they would
have regard for their lives and the property cntrut
cd to their care and that they would have Cd strongest
desire 30 carry their boat safely through her voyage
But jfyou find that accomplishing this voyage they we're
mpeed 10 competition, or have neglected 10 DO what
Incumbent upon them for the safety OF the paecn-
gers however painful it may b. your duty commands
you 10 bring them to trial under the provisions Of this
law by ndcting them for its violation. There Ia no
doubt that those individuals all strangers you rs
they are to me that they men Of high respecta-
by, and that they lament deeply any the ter
ribe calamity They doubtless heavy sufferers in
the r business and family relations and there may be
many circumstances to prove that they were DESTROYS
to navigate tie vessel with safety This viii lead YOU
10 exercfe yeur opinions with due caution and delIbe-
excitement prevalent in the community. The law
does not look for victims 1t only investigates
the fsets and We can produce facts 70
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