The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-10-16
1n,tsd states commissioners Court.
Before Joseph BRIGHAM, Esq
CHARGE OF HAEsI AUGHTCE ON BOARD TIE sTEA

tefore Joseph brigham, Esq
CHARGE or BAESL AuGHTEE ON BOARD THE STEAM
sDIr FRANKLIN.
THIsD DAY.
oor. Is Marcus woodruff who hal been discharged
from the complaint. called and examined by Mr.
Mofr,l, for the defendant Rhodes lie deposed:-I am
one OF The engineers knew Fortune before that
eight octeck NJ Of Saturday he did not get out any
coal for the first half hour the previous watch had
under Inc influence liquor: told him get c7al ana
didn't uuderstand bis reply instead of getting the coal
out he sat down IN the bunker; then repcred him
not being able to do duty on account Of being under the
influence of Eqror; Mr.. Rhodes told 80 and
him along he good man; went 10 him aud coaxcd
him. and he said he would, and helped him to
get out coal he and / managed to get
out enough tor that watch Fortune then went
up, and didn't see him again tin next watch,
at four o'clock in the morning; lie was still what
] called drunk, and I reported him again 10 Mr..
Rhodes ho had b tile Of luor half full in hi bosom
asain reported him. and Mr. Rhodes down and
took him by the two and shook him. saying You old
rascal why don't YOU get ont some coas'n shouldn't
think be was IN pas zion; Fortune then said n will
catch him from falling down when let him 20 he stag
go'ed towards she coal bunk vent into T. tunnel round
and came cot again Nr khoee caught hold Of him and
him shove Fortune caught his foot bar ofrou
and fell; Mr. hedes then drew water and threw il
over him and s6id l sober you; the wafer about
90 deglecsbood warm water he raised himself il had
good effect on linn, havo thrown the
purpose Of recovering them ana il walked them up a. ho
raed mp, Mr.. Rhodes shook him and sked him if be
wasn't going to goik. and he said lie not able; Mr..
Rhodes took him by tie hand and led him through
Dir Rhodes wanted him 10 60 up frst 6ut be would
not; M Rhodes then toos him BY the hand t. help
him up he did II Kindly: think Mr.. got on the
third rung OF the ladder holding by hand and
with The other holding 20 Fortune and tried draw
him up after him; Fortune took hold os the ladder with
the hard he had at liberty and pulled IL 10 get away;
Mr. Rhodes said, .et 60 the ladder you must come ups
Dir. Rhodes took his foot and pushed Fortunes With
his foot tvi.eo the purpose Of making him the lad
der he lot 60 the ladder Fortune fell cose the
coal be positive whether be struck his head
not did Mr.. Rhodes strike kick him al
ANY other time in amy other way ali his language to
hremsn 20 hand pail Of water and to feel If IL
wsrn: threw II on ha for his bencit to sober
him; Fortune raised his head up; he looked Hike man
pretty much under the influence Of quor; Me- Rhodes
then ordered three Of Tho 10 take him 10 stairs
vent Up Immediately after ma-s 81 violence on
him bad opportunity ofsccing them there were any,
made examination Of the body: il was very hot In
the after tire ro0mlernometcr LOO In the coolest part
81 tue room Mr. Rhodes always spoke of Fortune the
best man the ship; saw bottle u liquor IN hs bo-
the nfs watch and bir nholes took another bot
tie out Of his (toItuncs drawer Lowell nd al the m n
under the influence Of liquor there was MT sober
ON tue 6sch me than others Lowell
Gil his balance Nitnss gave u VS. his opinicn thai
Fortune died through drink and excessive heat
Livingston s. bartholomew chief ngineer Of THE Prank
lin llsm Smith aud othsT witnesses deooeod that IL
common practice to throw water over men whom
In the state in which Fortune described have been
and that IL generally attended With good effect
The evidence here toped and VI iIdgway on the part
OF tho United states sod Dir oorr for tho con
scented 70 submit the TO the Comm Without any
summing up.
The decision viii be given this Saturday. m 7rning