The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-10-21
TINE HENRY CLAY STEAMBOAT CALAMITY.
United states Circuit Court.
Before Hon. Judge Ingerson.
Tufpn nav


Previous to the trial being resumed the Judge aa-
ted for tht r action.l
Mnturn on being recalled stated that he wished to
ray that in the report in this morning. HERALD he was
made say that the collision occurred beow the landing
st Kingston, meant to say II was above
Mr. Jorden-You laid below, but believe, afterwards
Examined by Mr.. Dunning-It was about four or ave
miles abcve kingston it is my impression tnat tne Ar
menia made the landing too believe both boats landed
NJ Krrston. ! was mostly the forward part OF
the boat, on the main deck, was on the upper deck
once near the pilot house remained mere he very
ysry uncomfortable was IN the plot mousse on the
r6oard side of the boat it was not far from the smoke
abont two O'Clock, between one and two; it
not great while previous to the fire; the boat die
had ticket for that point; know he demanded be
landed there there nothing that know OF to have
= Poughkeepsie; think the Armenia was close By us
when the Clay landed at Poughkeepsie; my impression
that she close TO us then that she stopped in
erder to get into the wharf.
Q-Do you know whether not of the passen-
gers board the Clay left her at poughkespse2 0bjsct
ca TO- not admitted.I Witness continued-The Henry
Gay landed At Newburg; my impression is that the Ar
mena close behind II recoect right she not
far astern Of US then Objected tol
Judge-What il your recollection? Any recollection
IL that she was not far astern
Examination resumed-I not acquainted with any
81 the officers board. Q-Where did you observe Mr.
0ollyer, and what he dong Al observed Mr.. Coll
yer the forward part OF the deck much excited OBJ
once
than twice. Q AT what times Att part
eularly the before 10 contact for an hour
before the fire did not notice Mr. Colyer; was on the
toward deck during that hour Q-Why were you thereY
NJ Hall said he considered it competent to prove that
M Anturn there because he was in fear OF the boat
NE Court thought that if the witness did 60 there
for comfort he had right to state what motives induced
him TO 60 there.
The question repeated. Any motive for going
there because thought it the safest part of the
vessel in OF accident, which apprehended
fThe latter part of the answer was objected to and
struck out.
made for preserving the lives of passengers in
0aee Of accdenr
Al did, sir.
Q-What was the result of your observations Job
M wheaton submitted that this had nothing to do
with the issue the jury were to try They had nothing
70 do with the pment of the boat that the duty
Of the owners of the boat.
M. Wbe.ton-They are not charged owners.
Mr. Dunning commended that it perfectly competent
Two OF the defendants owners and If negligence be
shown, they are answerable for it.
Mr. Jordan said there nothing in the act Of Con.
ss that renders the employees liable for the improper
equipment of the boat The question admitted and
repeated Witness replied could not say with regard
found very great deficiency of buckets only two
% the forward part saw no life preservers.
Mr. Jordan said there an act Of Congress- compel
ling vessels to epreserver but that vas passed
since this and he commended that they not
punishable for not carrying life which at that
TIME not compelled by law He therefore objected TO
the question as to the life preservers.
Mr. Hall submitted that common prudence sh ,ud have
compelled them to life preservers and that it was
negligence in their not doing
he Court did not admit the question.
Q.-What means of escape did you observe in case Of
Ne inquiry had particular object looked around to
re what means of escape in case sscdent the only
Thing cav on the forward deck was millners sign five
st long and perhaps fourteen inches not foot
wide. Q.-hd you observe anything prepared for that
purpose Objected toll
The Judge-He he observed nothing but those two
buckets and this sign board.
Witness-When above Kingston point, previous to our
coming in contact observed particularly strong smell
Tosinous smel-what now suppose to be burning wood
Juror-Did it produce any alarm on the boat At that
tnef
several persons spoke of it,
Q-What effect did this smoke and this smell produce
TO the JUDGE the larboard sde the bar,
when observed the smell the bar the gu ard
an the boiler, think; designate that as the forward
The Court admitted the question. Was it generally
spoken Of among the passengers what did you hear
dozen speak of the strong smell; did not
diseover similar smell until the boat took Are when
1re tool place at about three O'Clock smet It two or
three minutes before sawit Q-Before the hre took
yss did yen observe anything on the part Of the officers
Mr. Dunnng--we propose to show that the fremen and
others frequently at the bar drinking to
witness that any Of the defendants were there but we
propose to show that the acts Of the fremen were so fire.
uent that they must have 10 the knowledge Of the
e1ieen Of the boat.
The Court ruled out the question.
Witness continued-After the boat left Newburg,
sntn the time Of the accident, did not observe any
abatement in the rate of speed could not tell
Of any abatement either of the FIRE when the FIRE
heohe ont, they said the Armenia Ave mile astsrn;
sssld not tell thnk it was less the saw he
smoke issuing from the hatch, and then two Of the fire.
men asn pting to pass water down. formed one OF the
hints hnrkA daat cd
he alarm BY this time began to spread very soon after
the alarm became general throughout the boat jumped
boat was irretrievably On fire, as ! supposed -;
whether he heard me or not, can't say but called
!sudly to him to head up to the shore; At this time
shore; short time after the boat was headed for
the shore, and ram Of course until she Ftruck the
shore she directly with the head Shore fame
and very black smoke at this time drawing out Of
the after part of the boat Q-Where the passen
gers them Ammediately after the breaking out Of the
IRE order given by Mr. Eager the barkeeper Job
The Court did not think that it could be presumed that
h the confused state in which the boat order
ants.
Witness continued-I could not say if any Of the de-
PENDANTS heard the order was near the engine ROOM
do not know where Mr. Coysr at the Time did not
bear any orders given by the defendants to the pa'sen
shore, not obliquely; supposed the boat to
- ali FIRE at this time; Immediately in eonuec-
Tie baggage that was on the forward deck the Albany
baggage the forward deck the baggage in the
AFTER part it somewhat INSTRUCTED the deck thars
some forty or fifty trunks.
kQ-Rd you observe any dead bodesS
A.-Oh yes, great number.
Mr.. Wheaton-We admit that fact.
Witness-I had no friends relatives on board
Odd you assist in removing any of the bodiesp
NJ. Wheaton objected Mr. Hall submitted It was com
psnt to show the GOODNESS with which the witness acted
Mr.. Wheaton did not think it necessary to speak Of
those things now before the jury.
Question by the Judge-Were you so collected AZ to
observe what took placer
Witness to the Judge-I as perfectly collected on
that occasion as ow.
Q-Md you go shore and get boat9 OBJECTED to-
Mr. Hall wanted to show that there boats used TO
the passengers and among those boats there
no boat belonging to the Henry Clay He would by
another witness what occurred in the after part of the
weasel.
NJ Jordan would be able to show that there two
good boats board the Henry Clay but II Inn posi-
BE 70 get at them from the flames.
O BY the Judge-Nd you see any boats belonging 70
the Henry Clay used for rescuing the passengersp
AThe greater loss of life occurred before any of the
hsa ssme if there any boat belonging to the Henry