The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-11-03

tsa 70 duty NE yart Of those who had The manage
nsnt Of the boatf and the defendants and ocsrs OF
the boat they were ocsrs justly ehargssss with is
Or 70 sn, a.s snS H.
consequence Of which the numerous lives were lost which
were destroyed on that sccasionf
upon the attendants, and which it was incumbent upon
them TO perform, misconduct in the performance
the disaster tsoi place Il must be proved that they
have done that which they ought not to have done or
done that improperly or in negligent manner which sney
neglected to do that which they ought to have done BY
which the disaster occurred and which disaster would NOT
have occurred had It not have been for such misconduct
neglect of duty And the fire occurred BY tho neglect
Of particular beard the boat IN the
ar on bs nsr hs he whose
misconduct neglect Of duty the disaster occurred re-
sponsibe for the consequences The government ca,m
that there negligence Of duty and misconduct on the
part of each Of the defendants BY which the disaster
took place, and consequence the loss Of life took
First-In conducting and navigating and in so me-
glectng to conduct before the hre that the fire on
board the Henry Clay took place ~ consequence
thereof.
second-In so conducting after the fire took place. in
running the boat shors and in negscng to attend to
the safety Of the after the boat turned to
the Shore and after she had actually reached the Shore
that by such latter and neglect the loss OF
BY the testimony of Mr.. Belknap, . most intelligent
stHnd and who appears If he should be belsved-by
his testimony it appears that the Henry Clay Of
the best boats recently built in the city of New York By
his testimony and that Of Others it proved that the hull
built in the most substantial manner and that it
constructed that there was as little danger from fire a.
there would be in any other boat 1t is admitted that
she had Of the best engines and good boilers and it
| is admitted that she was commanded By officers
whose kill stood high-a skful and competent cap
| tain, skilful and competent engineer and
| pilot, that she well ofRcered and manned, and
her full complement On her trip the Henry Clay took
fire near Yonkers thirteen or fourteen miles from the
city Of New York The question whether it was caused
defendants any OF them II the disaster caused
by only of them then he alone responsible for the
consequences If caused by all then all respon
sbIe. If it caused in tbs accounted for but
not by their misconduct negiy inattenton then
they not responsible. What is the theory OF the
government? That on that day the Henry Clay in
an excessive rate of speed or, in other words was
excessive quantity of fue, consumed and by the
in which it applied and the necessity for that this
boat took fire. When She came to Kingston there was
great alarm in consequences Of collision But can you ac-
count by this for what occurred eighty three miles be-
low But if cannot, these defendants not re-
sponsble But the government go further They claim
that the Clay racingthata at Hudson the racing
menced-that there the intense fire commenced-that it
leaving Kingston till the boat took fire. Yonkers
They claim that there = race; and ifSthere
their theory fails But there six eight
hours before and if you cannot connect the fire with that
race, then you cannot convict the defendants on the
ground of race 1t is not claimed by the government
that there arrangement before hand to but
that the racing commenced without premeditaton at
Hudson. If this be the true theory, do not that
much reliance to be placed ON the testimony of one Of
the remen, who sad when the Armenia out of the
dock at Albany Captain Taman said the Clay had beaten
her going up and would beat her going down. If the
theory that the from Hudson not
from Albany there Is but little weight be attached to
the statement Of the witness, because at that time it
| is evident race not contemplated else
| II would have been began there and then But
the question is, whether this racing kept up,
and the IRE so increased in onsequence that it
ncated to the boat and caused the disaster With re-
gard to the pressure of steam witness testified to
nd onnfho IN ntk~v III
seventeen pounds to the square inch Another said she
could safely carry thirty pounds Altogether the estmo
correct that thirty pounds of would the
steam to blow Of then the argument OF the
less it is proved the safety valve tied down. Three
arrival at New YORK s She ' arrived at ' Yon.
little after three O'Clock. This therefore shows that
there was extraordinary rate of speed and, if not
where is the evidence of miscenduct, negligence or
attention the part of the defendants regards this
pont2 She had been examined by hull inspectors in
June They declared that the hull was safe and COM
peent and the boilers safe for the thirty pounds that
Curtis says she could take The boilers right and
all appeared to be right There is therefore, only
SPEED that would seem to inplcate the defendants.
How far he is entitled to credit it is for you to
was by their misconduct negligence or inatten-
ton in racing, that the calamity was caused.
whether there Was racing or not It Is emphacaiIy a
question for you If there misconduct negli-
defendants
Of tae charge. there misconduct negligence and
inattenton the part of Others causing the fire. and
p9t the part Of the defendant you cannot convict
- defendants For instance pilot whose business it
Is to direct the boat is faithful mar be he's .s r. pu-
tation OF being So IT. for some reason other he viii
fully drives the boat rock and she is damaged there
by and perhaps lives lost that would be misconduct in
The pilot, but not in the captain. &c. il the cap
tai. were, We're to employ fremen who were regarded
ship took Ere, the captain the other officers woud
not be liable, for the captain did all he could and the
Avon ohraod fIoip frno% Ia ~
be responsible each accountable only for his
acts The next question is, there any misconduct
driving her on shore and thus causing loss of life There
oof that she driven shore in the best manner
All the nautical men examined have testified that she was
brought 70 shore in the best possible manner there
WAS no misconduct in driving her to the shore there
any e!ds nee OF negligence while she shore There
is evidence that an order was given to the pasen-
gers to go "alt." That appears to have been
reasonable order, its object being to permit her
stem to get well up on the beach. She struck the
shore, and those that were near IL jumped on
shore and escaped never more struck with the ne
cessty of presence Of mind than from the testimony of
of the witnesses who told you he back obe-
dence to the order, till he her strike. He then
Immediately passed forward and escaped with
males and so did Mr. se Peyster and Others but some
were panic struck and lost their lives either by FIRE
water When the passengers were struggling in the
water these officers guilty of any misconducY If
they committed any of judgment tina would not be
tucent to ia ten upon them the charge in this Hdict
ment as have already stated. What they might or
ought to have done under this cigcupsstapce or
that is not the question. II it was but an
error of judgment they are aot responsible
But If you End they guilty OF lful misconduct or
negligence or inattention, then obey are cupable and
you will rer der your verdict accordingly With these
marks you w take the cese under your consds ration
and give II such careful and elaboration as il
deserves One thing forgot. It Is admitted, gentle
men on me par OF the prosecution that the reputation
OF the defend2nts is fahat they are skful and com
petent officers, and that their private character Is good
TINS orgh to go far gentlcmenag great wayto turn the
balance in favor Of the accused.
The jury retired at two minutes after three O'Clock and
at twenty eight minutes to four O'Clock the crier
nounced that they had agreed
Considerable connection perceptible Throughout
the court which not very crowded. and the defend
ants we're naturally in state Of great excitement.
On Il jurors taking their seats the clerk asked them
Gentlemen, have you agreedS
ForeDan--We have.
Clerk-Row do you fndS
Forer an-Not guilty
The accused parties then congratulated by their
friends and left the court
ARRAY IN NEWPORT KENrrcKy-On Thurs |