The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-10-20

day 20 the custom house enter IL, the idcate
produced is tie one furnshe TO the custom house
Mr. Eal read the fifth and sixth sections OF the act
1875 which requires the Of vessels TO have the
inspection made and the inspectors to deliver copies TO
Mr. Jordan objected to their proving general and
universal custom, it did not prove particular fact
This gentleman may be unable to prove the service or
this particular certificate
Mr. Ha1he act Of Congress requires that the owners
shall furnish one copy the Custom House and place
one in their We have proved the iling OF the du
pcate in the Custom House
The Court understood the law to be that II was the
duty the apply for inspection and the pre-
sumption that the inspect being made, the applca
tion had beea made by the
Witness continued - know of instance in which
failed to deliver rdeates board the vessel
QWhere did the animation of the boiler Of the Henry
Clay take paoes An Nea York on boa I'd the vessel
the certificate was laade out in my office AZ lexng
ton avenue.
Cross examined BY Sir Wheaton, have a recollection
of the quantity Of steam allowed BY the last certificate
independent Of the certificate itself for at the time made
memorandum to the amount; have no recollection
independent OF the memorandum and certificate Memo
randum prodt ced II was originally put down as sixty
pounds. and altered il to thirty pounds il is in hand
writing cannot say from memory if the certificate left
on board was made out in my handwriting
To Mr. Mcmahon Various have been my employments
in life; a manufacturer of jewery in "a com
menced manufacturing engines; served an apprentice
ship in part five six years experimenting Mr.
Iayafds works, and afterwards carried on the business
myself, present at this inspection; did not go in
side the boiler went in sufficiently TO inspect my head
and shoulders went in but not nay body, my associate
Qeter Craley,) and the engineer, were with me;
cant that Mr. Crarey went IN nor that ne uid not IN
the furna,e part we discovered the deficiency did not
put my head ana shoulders in any other part but the
furnace TO the last examination; can only
universal custom and belief that the GER
tfcate served the vessel is exact copy of the
filed in the Custom House: did not make boilers myself
] superintendent boiler making; ! am not q practical
boiler maker myself
To Mr.. wheaton-In the inspection in 1852 entered
the of Drawn engineer present at the tme the
gentleman counsel (Jobn Germany was present
and cant say how it put the Of Drawn down
can only explain il by Drawn being the former ensaee
and only knew that gentleman by sight as an engineer
To Mr. DunnngWe always ask the officers board the
of the captain and engineer previous to giving the
certificates objection made to the certificate, to
my knowledge because the name of Drawn was inserted
engineer.
Mr. Dunung read the certificates the first IN reference
to the hull and the second in reference to the boiler
The certificate permits thirty pounds Of steam.
Witness TO Mr. Jordan have no recollection OF asking
the of the captain and engineer at the time OF CIV
any change of officers this tifcate is in highland
writing; made it out from memorandum made at the
are IN my hand writing the writing is by
writer | engaged to do that for me the
figures of the last column of the last examna-
ton only, are in my handwriting; my clerk wrote the
rest he not with on board the boat he did not
write at my Office he wrote it at his ece Trustees
Hall. corner of Grand and Elm: he made this memo
randum from last six months copy; the alteration in
the figures IS is in my handwriting know that fact
made that alteration at my own office: that vas the
original memorandum when got to my Office in Lexing
ton avenue had the matter Of fact and memory to de-
pend upon to the amount of steam; that H. in
regard TO the certificate it was made from this memo
randum.
To Mr.. Dunning-The name of the vessel and the name
of the captain copied from the last six months
ti6cae the age of the vessel the of the captain,
the name of the engineer the year the vessel built
I'D year the boiler built, and the dates, in the
dwrting of the clerk; the number of pounds (3O) to
the square inch is in my hand writing.
BY Juror-Is there any particular test made 10
tain the difference in the boiler a. that time!
A.-The test was by observation
To Mr. wheatonIdo not knew the fact that either of
the officers saw this certificate delivered at the
Custom House know this certif:ate was compared by
myself with the one left board the boat one
pared it with me-
Mr. Hall proposed the order to be pursuei-the prose
cution 70 examination and go through, and then the
counsel for the defence examine and the proecu.
ton examine any point called out This
adopted.
Dunning and deposed follows-I reside Burlng
ton, Vermont; ] have been from California eighteen
months, and have resided in Burlington since:
native of this city; was passenger on board the
Henry Clay the 2sth of July, 1852 came board at
Albany; came from Troy that morning to take the boat
the stage was full CT company with me from Troy to Al
bany.
Odd any Of them tale the boat at Albany? rob-
Mr. Belts referred the of the Farmers Bank at
Lancaster, Sergeant Rawk p Is; Hale Hill, 9Th
vol Connecticut reports Rex vs. prowbridge 9TH Barn
Norris VS.. Smith, Ith Cowan, III. Mr. Mcmahon was
heard on the same side.
Mr. Hall replied great length read largely from the
opinion Of Judge Belts already cited by Mr. Dunnng He
referred to 9Th vol Of Towards reports page 500 and page
465 also the case of the De Soto the against the
Lexington for loss of property board in which, in the
opinion of the Court it is stated that racing when pro-
duces death, deserves condign punishment and he (Mr
H. submitted that ii his Honor decided that boat racing
was permitted the Hudson river, a blow would be
struck at the very foundation of this prosecution
Mr.. Wheaton made few remarks in support Of the OBJ
lection.
The Court admitted the question provided it be
proved that the conversation occurred in the presence Of
any of the defendants
Examination Of Mr. Minturn resumed-I took pasta
on board the boat Henry Clay at Albany for New York
Albany where the boat was lying, amongst the runners
Mr. Jordan objected to evidence of any excitement
among the ''rabble'' at the wharf
Witness contnued-I do not know whether of those
passengers who travelled with from Troy and did not
come on board, had had any conversation with the Off
GERS the Henry Clay left Albany about o'clock;
the Armenia short distance from the Clay the Ar
mena lay astern and started about five minutes after
the Clay took the lead the Armenia passed at Hudson
Court to conne the prosecution in their questions to
proxnate place to where the took place and
he submitted that Hudson too remote.
Mr.. Hall proposed to show that the Henry Clay got
ahead of the Armenia and that the speed continued
for three or four miles after she passed her
The Court ao mitted the question.
Witness continued-The Armenia passed the Clay at
Hudson; the Henry Clay was at the wharf at Hudson
when the Armenia ssed she (the AZ did not land at
the wharf at Hudson she went the west channel af
ter the Henry Clay left Albany she and the Armenia ap
preached each other at Kingston observed throughout
what appeared to me very unusual-(objected ~ OBJ
10 Mr. Jordan-I am not acquainted with Mr.. Couyer.
Witness-At Kingston frequently spoke to the lire
man. can't say whether any the defendants pre-
sent; observed Mr. Coyer to be very much excited dur
ing what supposed to be the contest this excem emit
consisted in Mr. Coyefs going repeatedly to his friends,
Mr. bidder and Mr. Harris and making remarks to them
which heard by myself and others, shat The Arme
mia could not pass herr heard that myself can't
member any other remarks definitely at the time he
made that remark the Armenia vas, perhaps little
ahead of us; the boats very nearly together think
the Armenia little ahead-of that not positive it
very the west shore the Armenia on the
west side there ample the east side for half
a dozen boats.
Q-What else did you observe the part OF Dir. Coll
yer, any Of the officers, about this time 2
A-Tobseryed number of walters, Al supposed them
to be- (back men, the forward part of the boat; Mr.
Colyer repeatedly there's he was not there all the
time cont know that Mr. Collysr there at the time
of the circumstance about to relate the bar keel
there in the forward part of the boat Mr. Coyer
present, and remarked to him that this racing
rascay his reply was to me- that there was oanger
this below Kingston, about four five miles, wnen
the boats had together the boats actually in
contact the Henry Clay pressing the Armenia to
the western shore much that the Armenia rang
her bell and stopped TO enable us to pass. Q-What
effect If any produced2 A.The Henry Clay lift
ed little out of the and the Armenia her
guards there shock should think they we're Ia
"a vo, 49,