The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-10-26

boat stareds AID place that know Con.
and his wife went board at the after gang way
and remained where stood until after the bost started
cannot say how long had been standing at that place
anything that did that morning before Common came,
except that walked around; don't remember any
place stopped was not walking with Collyer when
made the remark to Coysr the steamboat was passing
| me at the time.
o-Had you started from the place where you were
when Connor came when you made this remark to Col
| Al don't think was much from it; Mr. Colyer
stood at the gangvay when addressed him; the gang
Q-were you afraid of your life when you went up
| Witness-Wat II Mr.. Jordan-Answer the question.
Witness-I WAS afraid of my lie on that day. don't
know what other boats went up that day. the railroad
went up, the Harlem and the HUDSON made the
ark to Coyer as the boat left the wharf dent know
whether he heard it, was not standing with my back to
Broadway down to the steamboat couldn't tell which
street he came down. but saw he from Broadway
,Q-You saw him come from Broadway and 60 on the
| plank and you can't say what street he down,
| A-No you coudD't tell. He could come down Lydia
street Hammond street saw him lots with his
wife to come to the boat was faced TO the stern Of ha
boat when saw him was facing northerly was then
little south of the boat was near the forward gang
plank had not been on the gang plank that morning
that reeolIect there forward gang plank out that
| morning.
Mr. inquire of you il that gang plank was
opposite the boilers How to the gang plank did you
stand, Alt couldn't have been than fifteen feet
after Como, came moved aft won't say was ten feet
from it don't thnh the steamboat was fifteen feet from
me when made the remark to Coyer, for stood right
on the edgs Of the wharf won't say how fer was
have been three or four feet; don't think
two or three feet from the wharf when the boat
started.
To Juror-It was two three feet from the string
| piece. or edge of the dock
forward gsngway can't say how far it is from the for
ward gangway to the after gangway; don't think is
O. Don't you know that the wheelhouse, the barber's
shop the water wheehouse and water closets, are be-
closet O. How far It from the stern Of the water
whetlhouse to the stern gangway? A. think it is not
ten fifteen feet; never measured the distance.
three feet A. should think it was, sir number of
people stood at the gapgway when Mr. Coyer was there's
there. O. How did you address Mr.. colysrP
A. said ',she will never reach New York; that is
the way addressed him, and that is all said; don't
recollect anybody else speaking a word at the tne
don't rscollect that Colyer said anything he made
LIZ. Jordan-Then we have it that when the boat was
leaving you said she would reach New York; you
tell me- didn't you swear before Jury that you
had Teen on board the boat that morning?
O. If you swore to it, was it true? A. always swear
TO the truth if swore board, 1t is true don't
A Juror-How you to go up on the Henry Clay
that morningy
witness-I UP to get my money; there was money
due me.
To Mr. Jordan-Conner was relation of mine; was
acquainted with Connor, not his wife, there init
macy eet*e Mr. Conner and me- believed the boat
to Mr.. Collyer; he didn't to make any answer;
didn't halloo to Mr.. Colyer
@. Did you swear before the Grand Jury that you
board the Henry Clay that morning, and that
you jumped ashore as she starteds A. No sir
Albany the 9th of Juy that the first trip she
made she took the place of the Reindeer.
Mr. Mcmahon asked the Court to order Wilkes to
main until the conclusion of the trial The Court
| sented
! est i'm
Mr. Hall said he did not know any instance where the
Court would int rfere with witness for either side or
con- pei his attendance.
The Court said was in the discretion of the Judge
direct the witness to remain he Is subpenaed here asa
Mr. said the Prosecuting Attorney il to certify
that the witr esses attended to such day We cannot
certify that Wilkes attended for the prosecution for three
weeks to He submitted that the Court had not the
power.
wnkesI want to say to the Judge that my family are
sick at home, and can't stay.
Judge-he counsel should say what object they have in
view in OBTAINING him.
| Wkes-If they telegraph m % will come dewn
Mr.. Jordan--You must stay until the Judge decides
We expect to prove by several members OF the Grand
| Jary what this to-
| Juape-Can you examine the Grand Jury on any mat
tiers that come before them apprshend not except
trial for perjury.
Mr. Hall read the oath administered the Grand Jury
in EhGh it says "s Of which you shall keep secret
Jury the counsel did not to say the Grand Jury
could not testify
The Judge-That is excepted case but you canno.
examine the Grand Jury to contradict witness.
Mr. Jo dan said they also expected to prove By Wit
morning and he will be able to identify him.
The Court permitted Wilkes 70 CO. as his wife was sick
Mr.. Hall promised to notify the witness when he
wanted, and he has promised to come back.
James f. DE Peyster, examined by Mr. j. Prescott Hall,
deposed- was passenger board the Henry Clay the
day she was burned; came on board at Nswburg; on
coming board met Mr.. Go,ey; took my seat on the
after promenade deck and remained there reading until
noyed by the falling of the cenders that went below in
front of the ladies' saloon and took seat there's was
in apdfo until fbera alarm
first did not know of what but discovered 1t
alarm of FIRE; the excitement beyond ythng
and the noise reminded very much stated before,
the Coroner's Jury, of hive of bees have been fire.
fo ward and heard person at the gang way ordering the
people to go aft; asked him. what is the matter what
danger; rot doubling him. believed him to be
OF the Officers OF the shp went back TO the lady pas
them was assured by the officers that there was
and that their safety depended upon their being
quiet then turned and met Mr. Allen, who asked me
he thought there was; went up and the smoke so
dense could scarcely see asked hand where
the fire. and he said below there then cry that
the boat sinking, and idea that she sink
ng previous to that should say the smoke Vas increas
ing rapidly viii; made it impossible to BREATH beev-
ing the boat to be sinking got the upper deck still
ignorant of the boat being ashore pulled of one boot
and in the act of pulling off the other when ascer
piN The starboerd deck: though pas
go asca'S Sso to Sh
| had in my hand SO that could take ths water;
saw persons throw over the baggage; | sat down
and put my boots, not doubling that every
passenger could be saved; then looked after my bag
gaze but afterwards concluded to drop down. and after
wards those passengers whose fears had previously
attempted to sllay in the position that all knew pre-
yous to that was perfectly calm, though subsequently
| became much disturbed.
@ Did you any Of the officers assisting the pas
| sengerss
| A. Not one sir not one; the only officer ! was
the person whose order OBJ yed of the pas
sepeers d, ad but that knew Mr.. Allen was lost,
but didn't see him.
| Crossexanbed by Mr.. Wheasn-I have not the least
idea how long / T. promenade deck, and as
instance, will tell yeu, that when thought bali
hour had elapsed found it only i've six minutes
| the crders dropped into my book.
O. Was there not good breeze9 A. foundsno dis
comfort from the wind the boat went nearly perpendicu
lrr the shore the wind blew up the river; observed