New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-01-21
LAW INTELLIGENCE
l.. CIRCUIT COURT-Beiore Judge BrTrs.
Trial Of Capt. Fnrnhnm, Of Steamboat iteni-
deer, for DIanslauahter,
On . Charge n Inai'enilol, VI, Hnder Iae p IeJ


on q Charge Of InarenfiOa &c, under lac Of 1893
[ccHfinasdl
The following Is n view o. the remarks of SIR. Noyes,
for defense and OF he District Attorney In summing
Up for the persecution
Tho Counsel -as the defendant has been charged with
this oierte snd 4 he Jury should convict mm, would
hsye been batter FOR him. rather than to be x posed 70 I'M
rrormeut with felous aud for hs Any that be- toe,
bad been killed Brt have no great fear that you WI
convict him. Still il necessary for Ine to show toe case
fully and es powerfully ~ 70 the jury IL has been
seen that instead OF ceusue, Capt Fsha entitled 10
srea credit the IN which he conducted ms boat
ltw b truly dangerous for msn to have cnage OF a.
errre OF steam boat H. in addition to the immediate
OF life by decide nt the fear Of halter or state prison
before him. In this fifteen OF the persons including
Ire clerk sccsud engineer and SONS bremen belonging 70
tie yessel were KILLED and the engineer VINO vas NOT
killed bur much burnt is involved IN this charge Wltn
the Csptan and his mouth shut The Jury viii perceive
the situation OF Capt p WIN nost o. tn~s oya1 Ts
could tell best regard to hg coarse that Gay The jury
VIII veth the circumstances and ma N then no aoeDl
can eceuit Capt. D. and restore him to Lie family
viii contend that the law Is not impressive as 70
opening the safety valve, coutended Tor ~ the DsIt
Attorney will show what degree OF Gaze = necessary ia
TegaTd the off nae, and eir 70 the a" Ie u sechsn
says the Dpet Judge shall appoint Inspectors VINO Are NOT
trs5ged IN the manufacture 5f steam machinery, VITA pro-
visions defining the duty Of TIE inspectors TnAt
contend tie Inspectors 10 state what amount OF steam
vessel carry and although II does not compel me
steamboat conne iisel that yet whel keeps Fsn
the the boat Be charged with neg genee and
The 9Th section opening safety valve, y - - have
limited application % mast Z does no. eciuls tue en-,
II
fecsst exclusively with tie Certain andthai h sa0ldgYe
orders IRE In sneer tie uau cement OF his engine,
Ntoui knowing the state Of the water Nc we 90 20 INC
wisdom 81 Congress a. alluded 20 by ne Dst'ct Attorney
there i much wisdom IN placing this % Le care eI me
Captain. who knows nothing about 10. TINS meses a
ia, H. Curtain should Be informed The law slys they
shsll open tie valve, 70 keep the seam do#n TO
slout the regular poirt If It not neesaTy to open
the safety valve in order keep the steam az running
point II Is requisite TO do When ths i.W VS.
1ssy~d and weed was used il might be necessary 20
tssf mt
coal II the boat running at - eches aud sac was a.
lowed As inches II Necessary 70 let Oh the steam Or
fairly not Congess could have meant such 81 a-
surdy that Tee law ouy means tat the steam saa-l
be kept the limit Of the inspector winch % s Case was
IS and shown that II there was 20 dc-eln he Foa
she could have carried pounds The steam, this daywas
tept cny 81 II ihs suit was .oF the penalty M
L . lear that tue az the wharf over %
the parties could not b charged H-A 0et
ter mode IN operation 20 reglate the steam
contend The Captain Is net bound 20 give dreei9ns a. -
tie enle uness L IS above rrnnlng rcnt anG Wofe nc
exhibits ordinary diligence ., Is al itit = required $50
Lathe w does rot require the valve TO be opened or u
:. Sos 30 the sole intention Of the law -otaped "th
~ Ie ROLE os opeunx he furu.ses The lsw dos nos
make the " open the sLiety ave
.r,ity Ts i2rh section as % ManssgSter, intendsso
IL siiaI 70 the charge o. ne lgcrce Z. CoAion Law" pa
,rheh d uesErenes Enle- il must Be proved Il ssyI
~ Cartsin &c guilty. Of ucoldrc neg genee, o. lat-
TRITON their respective dureA Tie ~ sloA CO.'S NJ
say anything stOut duties m TIE snss Jared n ne
lih secfion The two stand by themselves
violation OF the first b. tie Captain VITA E0 Fiel&e5
renders him liable TO penalty VioiSto1 OF the Ia
not necessary raise the tety valve, under ne "a
SECTION except ~ prevent the steA1l sesiiss e
lrnit TIE l2Ih section the SINE proof S sz.ns
physicians. sidwiyea Se, for insttenton o. Ilondae II
tapt FArnLRn thew aching and could not kho" any
tire the OF the en-lne. be u Dol i.o' " I
gid 70 tie law Viii s.y there . sw.n, c "~doa,
Eut van, Of practical knowledge, u Congress pass az =
How would nor the captain, nste "a Of s'7os 20
TIE LANDING and the GETTING on board Of as psssShSsD
rn 70 The engine RON o. Tie state OF the esA.
There cozd bs no division Of aor, ard stesooets "oa
become scere Of confession which would son maze II e
r.be that they s1ould Of use unes N eo-e sap
fhoud Be suceessfaL IL shown m LssFas Gown S1-s
IL. here mist be wfnl isc0ndBcs neglect Inc e1<
reer Is responsible only his The captain "a &c
eor-1ol to certain extent % gong TO Paea-I p9
ke bat period Of ard.ng his d5ties sn1 tnos q
r seer ara distinctly dcren and hs eoad Eot Dc He.a
even under this section 49,. -. N ssa
ivil -sfer no aee. on Of Judge MeLe=r- Sote " ~,
l1sr edrcr Of WHEATON, u ls- EtdeEtli az -.
rrer- ~ s.sn-nbo,. Virginia where hFes sd oreh os
81 are Nsrup AID vhfre tie Judge held mat 70 ,9s 81
rueer u -,std tho care OF the engine III 2. snoss
bod icuorruly IL would se essreVssion o. a.
~ ~ rusf he some proof OF uascondacf of -
10 hrir,. I'm Erder the lay Tbs was case
Sf,ty-ysIye hs1 rot bees r1srd and the Janse
thsr that IL fselfwzs rot sufficient 20 eo1ssc. - ii~
nvss shcu n too, that the erzo-er hso 90 v~i
H., koat suirs more rsriSy than 1s1A ana -
"a r.,rh,'r al vheh was hsrs-sna the boat sopps1
Al tvyO poI,s within 80 Jzrds without -
sloTiop Jrdge Mel ssid took psce 90 IN -
~ ,,tr or 1.,cr b the irur n did not nod tss
si,Lorvh Ire .uxrfy-rsive not op@neh yuao heL'
- rofkirs a. 70 the 7rh seton A Farl! = noS -
d 10 rsfh al sir ~ FROM TIE occurrence Of an acsi
fs 81 Tie Jury dsay taus has been 'A''a As'Aa'