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


The United States District Attorney, Mr.. j. Pres
colt Hal, proceeded 70 sum up the part of the
government of which the following is q summary
He said:-The gentleman who opened the defence In
this cause with so much clearneAs and ability for
Captain Farnham--the counsel who has 80 fairly and
integently examined his witnesses and the distn-
guished advocate who has finally summed up the
evidence with 40 much eloQuence and force have
done me no more than Justice when they say that
come to the discharge OF my official duty on this
cason with great reluctance. IL is not however for
the that this defendant is in any way entitled
to especial commisseration, but because am always
reluctant to niict pain upon others. The learned
Judge upon the bench has also painful duty to per-
form but he will not shrink from it because il is pain
full; nor you, gentlemen of the jury, escape from
the responsibility which is cast upon you by the
laws of your country. We live under q government
of laws made by the people themselves and neither
the Judge upon the bench, nor the prosecuting Off
Ger, nor the jury now lmpann s;ns to Try this
respective duties without violation of the
oaths which are administered TO keep them
steadfast in the pathway OF their obligations.
good OF its citizens for protection, it IL this
The law is expounded by the Court. The Judge, in
his wisdom, is Oh that bench to place the case be-
fore you free from the bias and cOorng OF the pub
lie prosecutor or the learned counsel Tor the dcfence
but it comes finally to you, gentlemen twelve men
placed in the jury boxto whom the public look for
protection and such verdict a. the merits Of the
case demand. There was no intormer here; the
to hear Of the disaster. The Grand Jury, Of their
own accord, considered it, themselves called the wit
nesses and directed the District Attorney to frame
indictment, under the twelfth section OF the act
of 1888, charging that Charles W. Farnham,
the captain, and John Hewlett, the engineer
of the steamboat Reindeer, did SO unskilfully
and negligently manage the fires and steam
on board that vessel az to cause am ex-
poson which resulted in the death of thirty
five human beings, then apd there passengers on
board of that boat, and coniding in the diligence,
capability, and good conduct of the officers, in
whose hands they had placed the lives OF themselves
and of those most dear to them. But, gentlemen,
you have been told that this unhappy event resulted
in way from inattention or neglect on the part OF
Captain Farnham or his officers but arose entirely
from defect in the iron composing the boiler
which no human foresight could provide against; and
yon are now asked, gentlemen if there is to be
another victim The law seeks victims; but its
endeavor is to prevent the offering up Of other vic
tins by the recklessness of masters-victins,,
whose blood has so stained the Hudson.
that all its waters cannot wash it out
If Captain Farnham is 10 go clear because he is
respectable man, there will be no safeguard against
like offences hereafter and the human cargoes will
still be subjected to the ruling passion for competi
ton, and utter disregard of life, on great tho
roughfares of travel. The counsel has in my judg-
ment, wholly mistaken the law. its object sand whole
scope. In my view of it, the captain as well rs the
engineer, is amenabe, under the statutes Of the Uni
ted States, for this cupable and fatal affair. No
in his senseseither the counsel for the prosecution
or the Judge on tHt DeHcn--SuppOScs lot an
instant that Captain Farnham designed to de-
-troy his boat. The law supposes no design
hut his duty might Notwithstanding, have been in
attentively discharged The witnesses say that they
never obeyed the law, and that the captain has no
control over the acts Of his engineer. do not think
that the duties ofthe captain circumscribed.
II so. why not employ man of station in life nfc
ror to that occupied by Capt Farnham Jig said that
the pilots have one duty TO perform and the engi-
neer another; and then what has the master to do?
To stop the Roadway, to get out the gangway plank,
to take the tickets, and assist his passengers Is
that all that the law requires? ] think not gentle
men, The captain has control over his vessel; and q
general supervision the actions of his officers and
comes within his duty. He has as much authori
ty to contne the engineer, il reckless and mat
tentive, as he has to contine the tremen and
to put under the power Of th captain the full con
troll of the boat. (The District Attorney here ex-
amined with great care, each section of the act of
1888, and insisted that Congress had thrown upon
masters OF steamboats, peculiar duties and peculiar
responsibility, and had charged upon them esp0
cay the lives and safety OF passengers entrusted to
their care.) The acts OF Congress say, it shall be
the duty OF the master to employ skiliul engineers
and on failure to do 50, hold him responsible. He
has word to say az to their capabilty-but my
friend, instead Of going 10 these acts of Congress-
sets mp North river law which | suppose to be
branch Of the "higher law and he says that by
North river law the owner appoints the engineer;
hut say TO Captain Farnham and all others, that
he has voice in the matter, and is not bound to
submit to unsuitable appointments, The jury can
know no higher law than that which j. ON the
statute book. The Reindeer runs with the Aida,
the Aida with the Henry Clay; hundreds are sent
TO that bourne whence no traveller returns" and
yet the captain is but gentleman on board, with
nothing TO do but collect the tickets and assist the
ladies. The proper vigilance in transporting passen
gers is not thrown upon the engineers and crew but
upon the master; and who but Capt Farnham
stood up and said otherwise than that " am master
of my own yessel?' The law says that whenever the
boat Is stopped (Which il acknowledged to be by d.
recton Of the mastery the safetyvave shall be open
ed, and the captain could say to the engineer,
charge you sir at every landing To- raise your safety
valve; am responsible for that" But the North
river engineers say We will not do it; We will open
the doors, and thus keep down our steam." And
what are the reasons assigned for this disregard Of
the law, which imperatively makes il the duty OF the
master to raise the safetyvahe when the boats head
way is stoppeit Why, economy in water and econo-
my in coal! And one OF the witnesses assigns
reason the annoyance o. the noise. Noise, What
sound that which, like the trump OF the archan
GEL burst into the ears Of thityfour conhdng human
beings, on the fourth OF September, and summoned
them in an instant, g unaDointed and unannealed
from all human tribunals TO that dread Judgment
which All must encounter, 10 answer for deeds done
here? Captsin Far1llIn thinks it a hardship
10 be called before an earthly judge for acts
Of omission and commission /; but where are
the accusing spirits who conhded their lives
and safety to his skill his precantion and his care?
All. gentlemen, the places that have known
them shall know them again forever.
BIT the engineers say that they have another and
better mode Of guarding the boiler than that pointed
ont by Congress- and instead Of raising the safety
valve, the law requires, they open the doors and
cool the flueS lay letting in current of cold air.
This doubtless, has the effect to check the genera
ton If steam; but what is it, effect upon the boilers
themselves Why, HAYES the engineer Of the Frank,
says that this stream 81 air Goods one surface Of the
iron while the other is expanded, and inequalities
of contraction and expansion produced, which
greatly weaken the iron. And is this an improve
ment upon the mode adopted by the law? Why,
their economy in fuel and their preservation Of steam
lead to the weakening Of the boilers and thus agra
vate the evil which Congress have attempted to
guard against. And If the boilers are thus weaken
ed by this process ~ much the greater reason why
the safety valve should he raised. The law
4 positive aud poreTnptory upon this point
Captain Fafnhan di,obcys il st hjs peril.
Tho theory % contraction and expansion applicable
70 the present case is well illustrated by The frequent
breaking % timblers when brought suddenly in
with lof IL the 10 iraida