The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-10-15

The board then adjourned to the first Wednesday
In November.
United States Commissioners Court.
Before Joseph BINGHAM, Esq.
CHARGE OF MANsLAUGHTBR On BOARD THE STEAM
SHIP FRANKLIN
Der. IA The United STATES against Henry Rhodes,
second assistsnt engineer and Marcus Woodruff
Their engineer board the franklin for having
the death Of GOAL h.aser nsucd John Fortune
The bRms OF tue eecond assistant engineer
erIoDeOusly given the winos yesterday kose
Thonss Week exsm'Ned BY Mr k,dgewsy, depo.ed
that he VAS coal paseer board the Franklin knew
Fortune; taw Mr. Rhodes into the froioDm and
sb-ve dtcsated towards the bunker Fortune oit
aud eight O'Clock tue ming of Sunday Mr. Rhoies
ssf that bis him two three smack with the tat of
the shovel the loser part Of his back went between
the boilers sh-s returned sac Fortune ON the floor
snh hLu0es had m BY the hair u tn. head shsk,ng
him l heard h'm moaning severn, times, little ~hue
after that heard be dead, helped to stitch hun
up ! do not know what CAUSED his death
Tboe Cutack, another o"si pssser deposed that he
sas Ahodes TO yet 10 the DER ahoies
gave MIN couple of kicks between the and shout
oers; tho man fell down sxaiosG the GOAL cars; Mr..
kbooc ord.rra aud two others 10 heio to for
houie deck. l went below m0menC. snen [
bnck the man was deSd uon't know waat oansed
his s'h don't know shelter he is the bab,t Of
drinking; dont sno' wbeth.r he was lsb,ring under
the effects OF bqoor Fortune was standing at the foot
Il the aoo-r. aud Mr. rhodes the top Of tho
Fortune, vh-y be- kicked MIN
C,o.s txsrnineo ~ Mr. Morrcll--Mr. Rhodes had not
hold o. For whsu kicking him.
rect exsmOntion resuin fortopo had hold OF the
lsoCer and tell In about half minute or mnnte;
didn't ~stnb HIM all lie time sod dont know ~hatn.r
be ..led b. fsiiu9; Mr Woodruff throw anu
pail him ~hiis he lying down dpn's
Know ~he'b-r the water was warm or cod; MIR Wool
bull oid lot atk me 70 see II tho ~aer "a, cold
.lan Dolsr, ex smined by UT kidg way deposed-Thst
hs fin man In be after Are on ,he sid,
with 6rsened, Eottun" had coal out on she plate;
MI Kbo6>s came down off ne platform anu told hm 10
get cost KttVns asi1 he able The afternoon
evening previously fortune did his duty; tbs
ing IN Qu, he Ao-IDed s.sky; ia tue habit
drpsbp get ~esk for ,be first few Gay from the hss
ihoss Who not Ia ths Daog of drinking
! knew fotsne before tba. voyage he u.sd 70 drink
every Drink but never saw him drunk
three pints OF allowed betae-n niue
each wssoh 81 four hoursI; the dsces ed should
thiuk about forty year, age Mr. Rhodes osught
hold OF and pu hsG hun over to tns bunker heweat
Into the bunker put out coa ana Mr. Rhodes took
shove. auo hit him on the part The ba ok pat
IN upan; he bad out II che ouDker without any
coal When Mr.. Rhodes hit him Fortune did not g. 10
sgain sayipg that be was not sbie; Mr. Rtoaes cook
OF bin by the hair the head xui thrcs him dpvn
pulle0 biz hair chen he took pail alt sed TOD,
tive buckets o. water him he tbresi On his hetf
Fortune got up neostey ano staggered against ths
furnace Mr. woodruff ,un 10 save him rom tnsfurnscs
after that Fortune Staggered out into the forwAd tire
RON, thodes aud Woodruff accompanying him, about
bolf hour after that. heard he dead
Cross xsmneJ by Mr.. MoIrel-I aid not see Fortune
drink drop on HOARD he did not mess with me, ~ss
never ought and examined before the authorities
In Ia,re did not hear that there any atom
tbe,s.
John, Cunningham examined BY Mr.. Rids~sy. depo,sd
the nm0csncDt OF the affair: Mr Rhodes wanted
Fortune go up aud bring dc bottle OF that b.
hao lie appeared to be in LIQUOR be N agood DIT Ia
liquor he ssemsd to be unable TO his duty ia
the forward IRE room, MIR Rhodes shovel him with hts
ksDss down sgsts st the adoer; only one bu kec
OF water thrown him but cent who did H. the
men standing aIound; saw him carried up the
ls0dsr by Cufack and Others him kickod only
once by hr Rho0e.; he kicked him some where about
the body.
Mstsnew Fortune of the deceased Ia lad apparently
about thisn fourteen OF age but who said hs
l.,...
oath said he KIN. that he should tell lie for ir he
did he would BE- punished for Il. He then stated that all
does not know what his father he not 10 the
babit Of drinking much from the time be came from
Liverpool 10 New YORK; don't know tina, he drank
much tho day before he died. hs went to bed ssbout
tweve o'clock there the whole day he
tLen, becssse he was telling what to do Hero tina
little boy bitterly Ny father, continued he. did
not roy he was sck. the rca~on went bed DO
IL wasn't his watch; he sgain duty four
O'clock in the mornings wss noe awake thea but saw
Seem in hquor; be not able speak To than he
lying the upper deck nc the top OF the ladder;
went iof dry SHIRT 20 put ON him Is 10 was M wet
sick The saturday night previous he got out OF bed
and told me to turn IN; ddn't any more Of bin
vDti was called In the morning
The witness LovelLwss recalled, and TO question BY
the Commissioner raid that hhodss stood the third
fourth step Of the when kicked tn, deceased
fortune was stand " on the floor at tho foot of the lad
der be him REQ STAN ia the neck ana be sor.
tune, ieii when NJ Rhodes let go his hand
TO Nr. More-I saw deceassd helped to the ladder by
Hr. Rhodes saw Nicholas Cunningham there, but did
not John Cunningham fhsre at all [ did no.
Cuack there NJ all present fr9m tbs time he
from between the boilers until he carried tns lad
Ger
Nicholas Cunningham recalled and beiog examiaed by
bis honor the Com missioner that to beet Of his
knowl dse Rhtde standing q BESIDE tina lad
wben he kicked FORTUNE fortone at the foot Of
the lsoder don't know whether Mr. Rhodes h Il hold
of fortune az the time he Kicked him
To MI Morrell- saw john Cunaiognam Lowell, and
Cusaok there: am SURF about their being there
The for the here closed aud Mr. Nor
re s.sed Tor the discharge Of Mr. wooihul as there
two different warraus aud two distinct charges in
III. neither OF which SUSTAINED against him
The Commissioning sa,d be could discharge either Of
the accused until he heard the whole Of the evidence
DsrEscs.
George Blsckman was then called for the defense
On her voyage TO Hnvrc and back ! dd not knos
KlrD PANIED Fortune; knew 81 n man aging board
that vtstei in aURust last and heard bcsv. his
tortuDe. cslled SUNDAY IN orpug very
fr.m.n I fonpd him lying on the platform, W b his
bcso exported BY the hoy (bis sonl tba, bors
he wa breathing very ebly and felt for his Dulse
bar there uss no puise felt for the bcsipg 81 th~
heart hut iound is very feeble he was d'ai IN about
I've rurs ircm the tire him he very much
o,pos,c bis thirt VAS open the wsafber very
St the time could bis boiy I saw
ma r. Of violence bis body, or on H., head or
neck 80 =" marks OF violence anywhere 1
tie snq'ites " sd., ane from examiu alton had
~ ooubs the msp died from exhaustion In 3Deu
excessive bsst snd rom the heat
excessive" aoJ ak o, bfose thtt day
ard h'tbf nom exhaustion bid To give ta.m scotch
Az atd brandy Ia keep thetr through tpe watch
synniDto by Mr.. Hidguay II anu IN - 40 zoe ton
yenTe; sssmitsJ h. teec ch.- neck aui psrt 81 ths
sfdoH,o ihsre w-e 10 opening OF The body dtd AZ
eNnS ir' him critically b.caure ootniny " exitt
kusnclon thai bt- death wa osuscd by .ny
~ nNI4 .0uu 4. N