New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-10-20
La " INTELLIGENCE
Turning OF Steamboat Henry Clay--TriaI for Man
slaughter.

Taman. and other officers of the Henry Clay indc
ment for marslsughter continued and the testimony in
the case commenced yesterday forenoon
Mr. Dunnrg Assistant District Attorney. opened the
behalf of the prosecution to the Jury He said
The parties have been indicted under the 18th section OF the
Act Of Congress Of Ices which provides that every cap
tain engineer pilot other person employed board
vessel propelled in whole in part BY steam by whose
misconduct negligence ins;iention in his their
specve due the life or lives of any person board shall
be destroyed said captain, &C. shall be deemed guilty of
manssugh ter and conviction, punished by imprsOn
FOR period Of not than ten years In the pres
ent case, Mr. Co'lyer owner employed on board
tie other the Captain, Clerk Engineer Pilot, and Second
Pilot.
On the 2s;h July 1851 the Henry Clay left Albany in the
morning freighted with more than 400 human beings
About O'Clock in the afternoon when she had reached to
about opposite Yonkers she discovered to be fire
She the time about in the of the and
became necessary to reach the shore she directed To-
ward the eastern shore and succeeded in reaching r. her
bow being driven many OF the passengers were still in
the after part OF the boat the wind had commenced blow
ing somewhat fresh and drove the flames directly toward
those in the after part Of the vessel and there al
tentative but TO perish by fire water. Each element
had it, fun share Of victims than 90 human beings
men, and children, persisted.
1t will be shown that the Henry Clay was engaged that
day. in racing with the steamboat Armenia evidence was
exhibited OF such intention previous leaving Albany and
some porsCnf ref ed TO se passage After starting re-
moustrances were made by the passengers Mr. Coyer
others having charge against the boat racing and
rying The heavy pressure steam she did but in vain and
eyeral e the landDg-more than 20 at Poughkoepe
II viii be shown that the race had been contemplated and
intended by the owners and that one Of the hremen who
mp the day before refused being informed OF the
contemIaiedrace, TO return IN her No strongly was the
contested that day. that the Henry Clay and tho Ar
mena came once twice into collision and the passen-
Pers were about calling meeting unitedly to remon
s,rnc II win slso he shown that the Henry Clay
~. ~ Ifr feat than 3
inches of steam whereas was observed by passengers
that she carried 40 inches also that the safety valve was
fastened down The Henry Clay had been on fire preyl-
osy that day AMI had also been fire previous days
giving to the owners and others due caution. The fires
kept that day that portions OF the vessel were
iisuft raIle and finally she TOOK fire Ii viii also bo con
siderGton for the Jury whether not after having been
aware OF the danger from former occasions, Che Henry
Clay was properly provided with life preserves other
modes Of safety and if here had been due attention on
this point vel as others.
There is no idea of charging the defendants with hay
ing wildly destroyed the yessel-but the question -
whether by the misconduc, negligence or nattention OF
the whole, or either Of them, the loss Of life was oeca
stoned As TO the degree OF punishment IN the event OF
their being found guilty viii be in the discretion OF the
Court sentence them for one day or ten years Mr. ID
said they did not wish TO say anything to excite the feel
iIgs Of the jury but il is for then prosecution faithfully to
90 their duty and the Jury TO do theirs.
John Ii berry. sworn-Is enrolment clerk at the Gus
tom House the Henry Clay was enrolled in 1881 John
L. Tslmen owning one eighth, VIM. Redford two eli hths
md Thomas Coyer five eighths she was at that time
u,w vessel and just enrolled, certificate saying SEQ tuns
lulit under direction Oi thomas COIycr
Jeeph Curtis swOTn-Am an Inspector OF steamboats,;
iuI the Henry Clay she certified TO carry on
tie Inspection June. lsjl 90 pounds to the square
ia the -econd inspection, in June 1852 80 pounds %
The square ch made the reduction because the boiler by
excessive use had become weakened it was in heslrtse
Iart oft -,
Henry Csy went board at Albany At 10 o'clock in the
morning.
IA auction was asked the witness whether il not
stated by passengers in presence OF defendants that
there was to be race between the Armenia and the
Henry Clay and not denied by defendants AMI that said
passengers the Henry Clay and went on shore again at
ALBANY IL wss objected that the fact OF racing did not
bring The parties within the actand especially declara
ton OF intention 10 did not The only question will
be whether there had been negligence In regard 20 the
fires &C. ard if then the inquiry may go back On me
part Of the prosecution in reply was stated that the
Henry Clay violated the 9TH section OF the law OF Congress
by raising their safety velve on approaching landing
and that Judge Bets. in the case OF Captain Farnham
of the Reindeer held that vessel Is bourd 10 conform 10
The law in this respect notwithstanding the new mode
adopted OF throwing open the doors was nel py 1ne
NV 81 boas when produces death, Is deserving OF con
den punishment and the Law says they shall be punished
II was remarked by Judge, in question az to steamboat
Lexington ID the Captain be alive. would be liable
Ie b;r "a 20 cause Il 10 take IRE In the case of the
L,ir.er violation of the eth section brought the Cap
IN within the 18th section Of the law IL proper 70 show
any circumstance exhibiting Intention a. well a. mpnopri'
lie Judge held that where c.rcumstanee has occurred
il proper 10 show previous intention In regard 10
Of steamboats,, the supreme OO1ft vi inc Onol
stetes has held that it Is improper, and the la" OF
Congess order prohibit IT, has directed that the steam
shall be rai.ed beyond given point In regard 20 the
tire, il s proper show 20 the JEry how occurred ana
if Il offered TO be proved nave been caused by an
tsoesive quantity Of fuel applied - the furnaces or neg
Icerce in regard TO the Tres proper testimony; and
proper be shown whether said excessive quantity
Of fuel had been used for the purpose of racing no matter
whether the boats actually racing az the moment OF
the vessel taking fire or not.
Witness resunled-Nhel came 10 the Henry Clsy 1
observe unusual degree OF excitement on the wharf
did hear remarks in presence Of defendants the Armenia
steried about FIVE minutes after the Henry Clay, which
took the lead bat the Armenia passed her az Hgdson the
Henry Clay beng at the wharf the Armenia did not stop
az Hudson; the Henry Clay approached her again a.
Kingston observed Mr. COyer in particular and also
the fremen-one especially, to whom spoke, objec'ed
CT what ! believed 10 be a contest Dir Conyer weM
repeatedly to his friends Mr.. Ritter and NJ haE-
nj. and making remarks - them-one that the Ar
mtnia could not pass her. the two boats were
nearly in contact the Armenia rhsi. hftie ahesi
observed to MI Collier that this racing was r4sedny ms
reply 10 was, that there vas no danger TINS Fs "nen
TIE boats together about four or I'VE mics 2eO"
kipssion the boats there came IN contact me hSAy
Clay pressing the Armenia on the western shore-s9
much hst the Armenia rang her bsl and stopped
which enabled 10 pass the Henry Cay on the COLL
.on lifted mach out Of the water mink inc
under her guard there was no shock nsy remained
In contact from three five minutes the AraehiAtoachsa
at Bristol but not the Henri Clay Il my memSr. serves
ghfy the Henry Clay pressed over 20 tne .e-eern
shore il approaching tie Armenia and pressed her '0vd
the shore The Armenia did not IN the irafk u the
Henry Clay.
Af'aurrfd "a n "a fare AZ 10 OcllCk