The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-10-26
THE HENRY CLAY STEAMBOAT CALAMITY.
United States Circuit Court.
Before Hon. Judge Ingersoll.

Before Hon. Judge lngersOll.
OT. 25-The intel States Us. Thos Couyes, John TAN
mon, John Grnatn, Edudrd Hubbard Jas. L. Jessup,
James Eineadorf, end Charles Merritt r. Merritt has
pot appeared during the trial
Pursuant to adjournment the Court met at 10 oclo *
The first witness called
William " Wilkes examined BY lir. Dunning, who de
posed-That ne lived in the town Of Bethna in Albany
county have lived there in the neghborhood OF twenty
years. was employed on board the steamer Henry Clay
fireman; was employed by John German; was emf
poyed beard the Clay for thirteen fifteen days.
they in the month of July 1852 ceased being Are
in July; went mp her the 2ith July; ceased
to be fireman. the 26th; went to Albany in her the
9th; had been fireman from thirteen 70 fifteen days
before left her QWho the icers having charge
Of her. A.-Capt. Tallman. Iobjected to, admitted.
A.-John +. Tallman, Capt. John German, Engineer;
Jessup Charles, think his name is. clerk; have
seen him here in court; do not know his given
Counsel fer defendant admitted that II was James L.
witness continued-,lr Hubbard was first pilot
don't know his first Nr. Elrendorf second pilot
] don't know lis FIRST name they both sitting there
in court Charles Merritt assistant engineer went
up in the Clay TO Albany the 9th July the officers
have just SPOKEN of the officers Of her saw Mr..
Colyer that day the Armenis dropped as ern Of us on
the nth, going TO Albany the Armenia went
the 9TH
Odd you hear any conversation between Mr.. Colyer
and Captain Tanan the 9th in respect to the speed
the boatg Al did not hear anything about the speed
of the boat but heard Mr. Tamsn say they intended to
beat the Armenia on the trip up.
Mr.. Jordan obe sted to the testimony it had refer
ence to asother transaetion.
Mr.. Cunning said he intended to connect it with the
trip down.
Mr. Hail said the evidence had reference to both trips
Admitted
Coll er that he intended TO beat the Armenia up and
down.
A Juror Did Mr. rolyer make any reply to this2
Witness-I heard no reply.
To Mr.. Dunning-Collyer and Tallmsn at tina. time
stood forward Of her boilers the main deck the Ar
ena pretty the eide Of US bat further of
the westerly shore
Q-At what point Of The river was this9 Alt was
just above York here was at the boat on the dock at
theV ff thn Ink 7 Mr. sal
yer there he was at the gangway when the boat left
Albany said to ,r. collyer, /" she won't reach New
York
SIr. wheaton-Is he a prophet
Mr.. DunningIe seems to have prophesied rightly on
SIr. Whcaton-A prophet hath no honor in his own
country.
Q-By Mr.. Dunning--why did you leave the boat; why
did mt you continue as fireman.
A-Because did MT think she was a safe boat.
Q-Dd you at any time while on board observe the in
spector's certifcate'
the larboard side she permitted to carry thirty
pounds Of steam by that certificate.
Q-Were you in the habit Of observing the steam
guagc while fire man on board
Avery often. Mr. Jordan objected to the testimony
OF the gusge while he board. We object to it be-
cause II was Illegal and we are afraid Of it because we
know the witness.
Mr. Dunning offered to show their habtual custom in
carry ing steam than warranted By the certificate
The Court did nst that it connected with the
Transaction at ISSUE and ruled the question out.
MI. punniIg asked the Court he would be permitted
And then would be for the jury say whether
i was from the improper stru ure Of the boat
defect in the machinery or boiler
Not admitted
Cross examined by Mr. wheaton--o-You used to live
with Mr.. hott, near Albany A,-Yes, sir.
Mr.. Wheaton, thought you the man.
Winen-l lived with him couple Of years; rever
was arrested for stealing have brother Of the same
Christian me- have two brothers 7 was in
his emt-y * or seven years ago; | have worked
for him since then but E by the month have worked
81 d-ls nj ttings for The ast year, the
bu,b isu VILE as deck hsnl or ly wen, IN another
u4i rleee iot week ba,f been the river; came
nrutH rl but have not "a vel AL the summer
t' atu Vgcrr the sun pretty much oil the sumner
tti On q Farm p.nuslng aud psnting, pretty
RE. ttt II" saui n hsye becn srhpoa .ed this tr
.. ", !g .4e t9nc JGss, snd cthl ass tlec Or tgx