The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-01-22

Il is to be believed that the captain recognized What
ever il done, unless II be shown that he prohibited
IT, One OF the great questions here IL, whether y0u
have right TO say that the neglect to raise the
safety valve is sufficient to supply evidence OF mis-
conduct. The Judge then referred to a decision ir
the Supreme Court where 1t was laid down that al,
explosion did not supply pr,aad tdctn evidence OF
misconduct. But that Judge probably based his
opinion upon the fact that it not made out to the
satisfaction of the Court that the explosion resulted
from neglect of the safety valve However it may
be, the question was not before that Court as it l.
here; the trial not against the master IL II
said that this is the duty only under certain crcum
stances-only when the steam is raised abeve the
head when the vessel is running, and IN this cast.
that it il shown there had not been any angmcnta.
ton OF steam. Judge Belts again read from the
seventh section, and cOntinued-The law will not
contemplate that the captain can run vessel up Tn
dock under any head OF steam, and then keep her
there at that same head. The object was to keep
the steam down, and this safety valve was re-
sorted to for that end. Some constructions
must be given 10 the language of Congress- We
ascertain probably that the meaning, the object Of
the inspection, was for this purpose; the law no
where forbds the captain or engineer to carry GER
tain amount of steam. The law authorizes the in-
spcctors to advise in the matter but is left to the
discretion Of the captain. Probably he would he
left TO difficulty in defending himself he car
red more than the inspector ADVISED him 70 carry.
Congress had not conferred on the inspectors any
means of testing what was the apparent strength OF
the presure-they could not force the steam up nifty
or sixty pounds to if the boiler could bear that
They formed their opinion rom the oess OF ther
judgment. This inspection OF the Reindeer was
made four five months previous to the disaster
The inspection must be resumed every SIX months
and the explosion took place only few weeks before
the next inspection ahOuid have been made. THIS
constant working would naturally impair the boiler,
and the captain should adapt her steam to her c0nd
ton-he could not use the same quantity Of steam ~
he did when she was new. The law no where say
hat the amount Of steam certified by the Inspector
shall always be carried. They are both left under
the responsibility az to prudence and discretion as to
the amount of steam that they are to use The Ger.
tiicate gives no authority to them to carry that
amount of steam. The question here will be whether,
upon the evidence before you, the vessel was under
prudent and safe state OF steam before the explosion
took place; then, if So if she had water the master
will have right to his construction of the act. II il
commended that you can reduce the amount OF steam
by any other means which will effect the result.
the party is exempted from complying with the act.
do not put that construction on it. The master has
right to deyate from the directions Of the act
The law commands that the master shall raise the
safety valve. Congress had right to enact this law,
for the protection of lives and property ~ much
they had to compel vessel to be registered There
is great deal Of evidence before you by men OF
emnence and high standing that this mode OF raising
the safety valves is altogether useless. This may b.
very well in theory as lawyers say; but the law says
gentlemen Of craft are always very jealous
Of Congress interfering with them-physicians, law
yers the same, but particularly mechanics. But
Congress has right to lay down the law-it is for
Others TO obey it. do not think that long usage ir
opening the doors Of the furnace has rectfed what
Congress intended. There will be law, which will
come into force in very few days, requiring vessels
to have three safety valves instead OF One which
to act by themselves After thirteen or fourteen
years Congress still adheres to the Opini0u that it ~
absolutely necessary. do not understand the testi
m0ny of the engineers to be, that, generally, it il
enough open the doors; but that if they have been
negligent they must have the safety valve open
well as the doors. Ii experience had demonstrated
that the usc OF the safety valve was attended with
to have been called TO it, and they would, by some
modification, declaratory act have relieved officers
OF boats from complying with that law. Yon must
be very well satisfied upon evidence that is Gndenia
BILE, that this opening of the doors is ut all times
safe to passengers as the opening OF the safety
valves. 1t matters not whether it is more expense
to the owners to open the safety valves, or whether
there is delay in doing II it is not proved that
it is relieved in effect. Unless you find it demon
strated beyond all reason you must resort to the law
it stands, and the captain must resort to the law
as it stands, and relieve the vessel in the way the
law points out think it the duty Of the captain to
see that the person who has charge of the safety
valve raises it, and if he negects it he is guilty OF
misconduct II is not enough for him to say that he
depended on the skill OF that man. The party under
indictment here had no intention to do wrong. The
indictment does not depend upon that Interpretation;
it says you might have done something which
would have prevented the explosion. | say, from
my Interpretation OF the law, that it was the
duty of the captain to have promulgated to the
having charge that it was their duty to discharge
the steam 1t was not necessary for the captain tn
do it personally, 1t may be more conducive 70 the
service to have the captain allotted to one duty aud
the engineer ~ another. The captain may attend to
the passengers; he may be sitting in his room; it is
not necessary that he should be standing at the wheel
but it is his duty to order that these duties should BE-
performed. il Congress enact that vessel shall not
go in q certain part Onsthe Hudson river, it is not
enough for him to say that the pilot did 80. You
win say, gentlemen. whether yon can fairly imply.
from the evidence, that tho captain directed the
gineer to raise the safety valve when they stopped
if not it j. my opinion the indictment must be found
1.-THE Judge then referred to the thirteenth section
That shall be evidence Of wrongful act but it is NOT
to be taken proof against the captain; but it shall
be taken IN connection with other proof. The great
question is whether emitting to raise the safety valve
was prOximate cause of the explosion; and on that
you are to take into consideration the state of the
boiler II there defect and the explosion took
place il consequence OF that, then the offence
here is not proved. Tho defendant is called on
to answer for his negligence or misconduct.
and not when an explosion takes place from other
causes II the defence has proved that the boiler
unsafe and not reliable, then the defendant IL not
sponsblc lie had no means OF knowing it. But you
must be satisfied that he had no more than reason.
able head OF steam ut the time. 1t mus. be shown
that there was prudent uHe Of steam and that
the explosion took place Notwithstanding that pru.
dent use Of steam. And you must be satisfied that
the eAposiOn took place from the defect OF the boiler
and not from the neglect to raise the safety
valve. To convict the defendant OF mscon.
duct, negligence, or inattenton, you are 10
call TO mind the evidence that be did not raise the
safety valve and you are to examine the evidence
to the condition OF the safety valve; and If You think
il is doubtful whether she would not have exploded
if the safety valve raised why, then he il
not responsible. The Court has no doubt, gentlemen
of your discretion and sagacty, Of your disposn
Of the according to the law and the facts
The jury retired at halfpast twelve o'clock and not
having agreed at quarter past seven o'clock, they
were discharged by consent OF counsel both sides.
1t wus understood the jury stood seven for convic
ton and five for acquittal.
Assanh with Dangerous Vropoa.-Tboe. II
Lee then placed upon trai for cruel and unusual
punishment. at sea, o the crew Of the ship
James Hail.
William Elliott examined BY the District Attorney
deposed-He was born in ireland, but has bees
eighteen years In this country, and is only
twenty-one years VI age; was employed before thu
mast Of the James Hall, in November last; she wa-