The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-10-29
the nENm Clay sTEAMeeAT CALAMITY.
Waited Dtates Clxeuat Court.
Dsforo Hon, judge Inssrrou.

q.
Ishsan JOHN Ge~ai., Edsoard Ha8bard, JaMss L. Jsss
Jas EmSsdo aad Charles kerriH mr. Merritt has not
appeared during the TRAIL
sDgs1 DAY.-OPENINa OF THE CASE FOB THE DE.
FENCE.
Mr. Mcmahon before opening the case for the defence
submitted few authorities and points Of law in
To the cited for the prosecution FrstThat the
direct Of the deaths the negligence mis-.
conduct natten Of the defendants to their repec
tive dutissthe deaths result directly and proxi
nAteg nom such negligence misconduct or inatten ion
Secord-kere negligence-mere msconduct-or mere in
attention, although sufficient to ubec officers to civil
DAMAGE not subject the defendants to this indic
ment. That Of judgment although fault such as
putting this boat shore mprop ery, does not const
negligence misconduct nattenton rs contemplat
discovered putnc the Ia sengers
the misconduct cntemplate ed in the 18th section II
don as would when com mitted be likely in ssk directly
10 the homicide Such as IN case OF bursting OF
boilers engineer put extra weights the safety
valves for the captain 10 engage in race with rival
boat ami in such race his boats boilers would collapse
nom the extra strain pat them The act omission
such that its performance performance
would be netice to the officer doing o nitting
do the act that he guilty of eerelicton of duty
He referred to the Of Rex Allen and another It'll
Darlington Payne, 1853 and Rex v. Green VOL.
D. l66; and also to Essts Pleas of the Crown D. 265
M proposton-lt is necessary to show that the
desendants in the performance performance of
their duties directly caused the Deaths and had in view
great personal injury In reference to the inferior
o6icers-such the captains cerk-it to
show that be directly concerned in causing this fire.
It necessary to show that he negligent of his
other officers of the vessel. The next proposition is
if there be general concert of action this
when eyenlaat.a n nre ye unasr .hs aet the ON ,rs
ire nnot be held responsible for the fire. for though
they might be deemed guilty of misconduct in asserting
70 the racing yet their misconduct has reference to
the and not TO the fire; and unless it is
shown that this fire the direct consequence
4 this they must be acquitted He then referred
the charge Of Judge Belts in of the Reindeer
which it shown armatively, that the officers
guilty misconduct in blowing off steam at the
places, that cOlapslng
sasoned by the officers doing what the act directed
them do-that case he submitted was entirely distinct
from the present one Mr.. Mcmahon then proceeded to
address the jury. He said the duty had devoved
npon him 10 open the for all of the DEFENDANTS he
represented in fact but four of them but his colleagues
not Wishing that all of them should respass the time
Of the jury the duty had devoved him lie approached
the task with difficulty. There six men of high
character probability charged with crime which,
n found guilty Of would subject them to a punishment
booked around and gentlemen for the prosecution
who had shown their to convict these
a offence of this great magnitude yet when he looked
ut his snts he convinced of their innocepcethe
innocence Of their ooksand with the ured conviction
Of their innocence, he 10 address the jury The
defendants had notice Of what they would
have to rebut and knowledge of it until the evidence
given for the prosecutions they therefore, emit
tied to consideration in this respect How difficult for
them TO show act they had DONE and every step
they had taken that day Mr. Mcmahon then recounted
the catastrophe and alluded to the great cutlery that
raised against the defendants at the time by the public
and the press and said that the designated the
Henry Clay murders He congratulated them that after
months excitement
defendants stand before twelve honest
men, and afforded the opportunity of spreading
their defence before the world what must they have
suffered in the period that has elspsedp Truth win pre-
vail and he there to envelope the truth He tnen
reviewed briefly and generally the edence for the prose
eution and submitted that evidence had been shown
that the fire the result of the alleged racug though
the boilers had burst it might have been inferred that
The: the result Of racing Thay would put upon the
BY their knowledge and science tina. this fire could
not have occurred by, the racing that her
boilers were arranged, and that the fire
surrounded nart BY water that it was mpos
Sbe To- FIRE TO have beer occasioned by cling He
ferred to the evidence OF the excited passengers In
Of the collision They would put upon the stand pilots
OF experience upon the river who would deveope to
the jury how devious the winding OF the river until
reaches Kingston and show that what struck the
cited passengers of the Clay racing nothing
than til. Clay keeping her natural channel They woah
prove that the principle of suction is such that IL viii
bring the boats together They would put upon the stand
passenger who would prove that the Armenia came out
to meet The Clay and that in order to get loose from her
the Clay obliged TO sheer and I. at E in
der 10 prevent the vessel urnin when heerng thai
tie passengers we're ordered 70 en- one side They
w0o show that the Henry Cayssas not making her
81 speed tia she could m Ike twenty twenty-five
revolutions in ordinary speed; and when the jury re-
hour and . half bek ind time. it is absurd to
say that she was racing They would show
that the steam drum was uncovered and that the
for greater security from fire When steam
boats intend TO they take in extra Goals and employ
extra hands They would show that there extra
extra hands were employed they would show that
the quantity of steam by the guage was much less than
that allowed by law Although the certificate de-
sroyed by the FIRE they would be able to show that it
for thirty five pounds that she capable of carrying
afy pounds and built to carry seventy five pounds
They would show that she had better precautions against
IRE than any other vessel and that there was steam
cook for putting out Are that the fire broke out the
rboard part OF the boiler where fire could reach.
They could for IT. but they did not set it
are for great anc melancholy lors 10 the
they loose upwards of $500, GOO by the calamity.
on
Of the Clay, Mr.. Mcmahon proceeded to justify the
position in which the boat had been run ashore
served testimonial froIa the surviving passengers
for risking bis own life. They would show, By
n skilful and artistic manner; they would show that
thirty forty passengers jumped into the river before
the vessel got ashore and that every effort was made BY
stricken and would not be restrained; they would show
that Mr. Collyr, Mr. Elmendorf Mr. Germain the engi-
and remen, pouring water down the engine
room in order extinguish the flames that persons
sent to the passengers to tell them to go forward as
soon as the vessel reached the Shore and they would
chow that The officers did all they could to the pas
senxers and exerted himself more than that
same Thomas Collyer reaching the shore he did not
spend his time in looking for bis baggage and Oh
DEAR he ran to fence, got boarcs rushed into the
water, and saved fifteen persons; the engineer
ing her the flames would be put out the boat touch
the bottom, and the passengers escape Captain
raluan; SICK and taking calom-l, which renders it
danger to into water, YET he sprung into the
water. got boat, made two voyages, and saved
some nine ten ladies'. No Efforts made. Why, the et
forts superhuman Mr. Mcmahon then spoke of the
exestons made by Jessup and Elmendor and paid high
tribute to the skill Of all the officers in their respective
departments, and concluded by begging OF the jury not
listen TO the voice Of prejudice; for fifteen months the
deendar Is had been persecuted in another county they
had been charged with murder which indictment, how
they had been able quash prosecuted vigorously
here, the public officers not satisfied with that but
proceeded against them another county During that
time they had suffered much. What steam boat owner
would employ these menS They have suffered intense
agony four OF them married men, with families depending
them for subsistence he sgan begged Of the jury not to
Be e away by prejudice he hoped that when they got
through With the defence they would have scoched the
snake and put end to the nagny OF the prosecution
The first witness for the defence then called.
Joseph BeDnapp, examined by Mr. Mcmahon, deposed-
I am of the frm of Cunningham, Belnapp Co.;
engaged in the manufacture of steam en-
gines, boilers and machinery; they exclusively
engaged in it. have been a practical engineer
myself between is and ~ years; was acquaint-
Cd with the ste amboat Henry Clay before it des
troyed Q. Who built tn. boilers Of that vessel "A.
We built them they finished in the year 1851 about
June; think the vessel commenced running in the month
Of June; the boilers constructed the Penn