The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-10-26

&-u .os Sets WAC ooet uccouSo lucy Rot bnotL 0
man ~ a substitute for your
ployed board the Henry Clay Is remsn and len th,
boat n consequence Of another man being employed
A-No, SIR anything like IT. don't recoIIect thai
wcre to do the business s the boat because thought
Twas competent myself
Q-wil you swear that you ddn'U
Al don't recollect nything about IT, did not know
that an assistant was employed; always thought wa
able to do my own work did not know another person
was employed to do my work.
what were you afraid Of Do you decline to answer
A-As far as und erstand the question, do sir.
Cumming said that he wished the question to be ex
Witness, to the Judge-I do not understand what he
means by '1decline."
Judge-Do you refuse to tell?
A.-No sir.
To Mr.. wheaton-The reason left was that afraid
Of boat; have been in no ether capacity but deck
hand and fireman other boats; was first fireman on
board the Isaac Newton in 49, that before
the Henry Clay think it was about the LIST OF May did
not leave her because afraid Of my life; left
because was unwe went back to her again, and left
her again after the 4th July can't tell exactly how long
my illness continued.
Q-Dou you mean to you were not discharged
from her, A-Yes sir, do; it was Cay or two after
left the Newton that went board the Clay not
long sick the first time acted fireman about the
LIST OF May, 1852
officers board the Henry Clay the why you lett
the b. ats ANo, sir did not ceased working board
OF her here in York shipped at Albany; think quit
work the 26th between the hours OF three and
the afternoon.
Q.-Did you give notice to any of the ofhcersq Al
told some of the remen; gave notice to Charles Jes-
sup on my way down from Albany.
Q-Iid you swear before the Grand Jury that the
sen you quit was the reroom hot IL being under
the deck A-Wont say: am not certain; don't
collect that swore anything before the Grand Jury
about quitting, because afraid Of my life /
that about quitting; was not before the Coro-
nors Jury: the first jury was before the Grand
Jury in this city.
Q-You went up the 27th, as passenger Al
went up to get my money; l went to Albany; did
not land at Newburg stood the forward deck when
heard the conversation Mr. Collyer and Taman
there were others around; recoec one of the remeu
was on the forward deck; his name Daniel Brown;
don't know that he was enough to hear the
nothing did not Mr.. Collyer and Capt Tallman
when they first came up together.
know sir; saw him on deck that day doing his duty
Q.-You are sure OF thatY Al saw him around,
sir; ] do not know how long they were talking to
gether: they stood together about FIVE ten minutes
heard those few words l told you; | about
this distance 90 IL feet) from them; the boat
heard the conversational heard nothing but those
remarks it out of New York little ways heard the
conversation think little this side of HarlemMan
hatanve mean say had served as deck hand before
that eherin 81 49, the Oregon 1t before the H.
Clay burned, thought of being burned; two
that the boat would not reach New York. he stand
ing on the after gangway; was the dock
Q.-Are YOU the man that poured the camphene down
her boilerss
A--No stree Qaushter.) would like to know how
you would get camphene down the boilers
served it. that recoect; probably there isif there is
it ia all wood; don't recoect that there is grating
the boiler that could pour camphene the
New York emily said but had idea that it would
be when said it; won't say exactly what the boiler
was covered with did ct pay ANYTHING for my passage
some of my acquaintances.
Cross examined by Mr. McMahon--I subpenaed
three or four times was fret subpenaed last fall o.
How did you to be you 20 the
District Attorneys Office? Not until sent for
don't think here than three or four days at
that time was the Newton three four months
since was subp9naed: WAS the Newton before this
accident happened, and after it next subpnaed
four or five days then: I went home sick; / hid
been sick for tme had taken cold and it had
tied all through me. Q-aad you been taking any
curry! A-No, unless the doctor gave while was
lying sick bed after that driving team for my
brother for about sixty days. did not go back fire.
man. because my health would not permit IT, ! have
worked at different work since Odd you work any
two weeks together since the sixty dayss A-Oh yes
sir y.s, sir-Qaughter) was next subpened in June
then went home ard was ploughing fremen in all
two onhs before the accident; take glass in
while; am not in the habit of getting drunk. O.
No, sir, never such complaint made agains.
me; to the remark, heard it while passing
Mr. Col'yer and Mr. Taman Tsman said to Mr. Collyer
tive mast beat the Armenia and beat her down. that
took place right forward of the boilers
the msir deck; OF than three four five feet
farther than the boilers Q-Was in either Of the gang
ways? III was about the centre Of the boat they
were standing together. Q-What way did they look?
AThey were looking to the west towards the Armenia
the Armenia farther ont in the the wes the
Clay little ahead OF the Armenia at the time; O.
He lsoli ing towards the west? Al think towards
to whom first madementon of that remark; believe
did NOT before the Grand Jury give evidence Of such
mark I cant say why / did not; Captain Tallman,
think had on black dress that day won't say for
certain: can't say whether cloth bonbazine;
think il was black hat he had on white hat with
black band; am pretty sure he didn't wear cap;
don't know that ever him with cap on Mr.. Coll
yer think, had drab coat; won't say what kind
of pantaloons; after heard the remark forward
! can't tell how long remained forward can't tell if
remained forward an hour; was backwards and for
wards On different parts OF the vessel am certain that
did not land before got to Albany that day Capt
Talman different parts of the vessel; after left
Nevburg, | saw him on deck; ! wont say that 1
hin on deck between West Point and Newburg; the
vessel anded at Poughkeepsie that day; think
Capt. Tallmsn when we were at Poughkeeps!e;
am pretty certain | saw MIN at Hudson more
than once; think saw i'm perform his duties usual
after left Poughkeepse to my best recollection
think | did; can read, but can't write; can read
writing If il il very plain; If not, can't
Q-This certificate which you saw, that in writing?
Apart in writing and part in print; don't know
that any certificate in front of the captains Office
il in front Of the engine room can't recolect any
thing in that certificate except thirty pounds of
could not say for positive who signed that certi
the last time could not tell what day of the week
saw II; don't think than before the
Grand Jury: don't recoect thst | before the
Grand jury that saw Captain Talman at the gangway
VIXEN the boat left Albany.
Q-Wby don't you recollect that well other
things? AYou viii often find il the that person
will recoect one thing and forget another.
Cross examined by Mr.. jordan don't know William
RadfoId; could not say whether he board the
Hcnry Clay the 9Th as don't know the man; have
heard Of a man named Behnapp; don't know him by
sight can't tell If he board can't say whether
il at North Moore street Harrison street the vessel
whared at could show you the wharf, but could
not tell you the of the street, don't know where
Radferd's store Isl can't say ever was there Q-Do
you know whether Radford agent for the boat no
i Couldn't say only heard the engineer say he was
owner saw the Armenia go out Of New York that
morning. Clay little ahead they were far apart
the Clay landed at Hammond street dock it after that
heard the conversations couldn't say how after she
landed ate meal on board the Clay; believe it
dinner; wont say that had breakfast befo started
pretty didn't don't know what hour they had
breakfast on board; don't know that Mr. Colyer and
Captain 1alman went down to breakfast Immediately after
they left Hammond street dock; did not them go
down 10 breakfast.
Q-Do you know that IL is the custom to have the
breakfast ready and for the officers to go down imme
diatey after they leave the Hammond street dock Al
do know: / could not saw when breakfast n