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

gu2lQeU.
boats do not use proper ron because it sexpensive.
They do not ask, how thick can you make the iron,
but how thin you make it to bear the pressuref
strong appeal has been made TO your sympathes,
in favor Of Captain Farnham. because ne nus
band, q father and a good citizen. am glad, for
his sake that he is thus tavorably presented be-
fore You; and if you can conscientiousiy acqmt MN
of all blame in this transaction, those who know nm
best will rejoice most. But Captain Farnham is but
one a class Of responsible agents; and If he can
with impunty, thus fatally disregard the law SO may
oil others standing in the attitude of RESPONSE
bility. III he be guilty of this charge you cannot
upon your oaths acquit him, because your hearts
beat kindly in his favor. We say that It was by a
cupable neglect Of duty the part of Captain Farm
ham, that thirty five human beings were, with the
quickness OF the lightning fash hurried into eternity
and if the jury shall be Of this opinion, they cannot
and upon their oaths they dare not arrest the uplt
ed arm Of justice which il now impending over his
offending and devoted head.
THE. JUDGES CHARGE.
Judge Belts then said-h this case, gentlemen of
the jury, which you have listened to with very great
attention. to all the evidence offered for the prose-
cution and the defence and the arguments OF the
public prosecutor and the counsel for the accused
you are no doubt acquainted with all the particulars
as they have appeared. The indictment was origi-
naly found against two persOns-the master and the
engineer Of the steamboat Rendeer-but, at the in
stance Of the parties accused it proceeded against
the master alone. Although the case has excited
much interest, yet think we may congratulate our
atey In the first place, it Is not put in question be-
fore you that Captain Farnham was not fully compe
tent for the station he was employed in. 1t is stated
in evidence that he was an experienced navigator
that he had familiarity, more or less, with steam
machinery He is universally reputed to be skilled
in the performance of his duty; and, again. there is
no mputation against hinl-there is no suggestion
that he had been guilty Of any act Intentionally
wr0ng-there was no malice designed, either of
omission commission. On the other side, it
said to be the result Of accident. This lamenta-
BILE accident occurred at about one hundred miles
from this city, five or six months back, and how
ever you may have been alarmed at the time, there
is no reason to suppose that your feelings are
gagged further than what you must have participated
in as mere citizens OF this community-you had no
relative, no friend, that suffered by the calamity.
Under these circumstances, the court cOngratuates
you on coming to a cool and dspassionatc considera
ton of the case. In the first place, there was
question raised whether this court-beng federal
court-eould take cogniZance OF it. That question
was very properly left to the court, and you will con
slider it no longer before you for consideration The
court will now proceed to act upon the case, and it
will be your duty to dispose OF it, whether it be to the
conviction OF the accused or his acquittal. The
State tribunals, If the matter was not transferred
might have proceeded to hear il, they might have
proceeded by some special indictment. In this court
we cannot look for any other but the written law.
1t may, perhaps, aid us, in approaching the facts,
to take 4 general survey Of the law. We are
to consider what the law was that induced
Congress to incrposc, and how we are To
apply it TO the before us. This act was
passed IN 1888 then as you are aware, steam nav-
CATION had been employed for period Of upwards Of
thirty years; it had been accompanied by a great
series Of disasters and great was the excitement
created, that Congress induced to interp0se am
act which might tend to the safety of life and the
safety OF property. The object Of Congress was to
look to the sources from which those evils sprung
to provide for the sucency Of vessels to sustain the
weight of boilers, and to avoid the danger that might
arise from the management OF the machinery, the
breaking OF the vessel or shipwreck, or other dis
asters Congress required every vessel belonging to
citizens Of the United States before it could be nay
gated on the waters of the United States, to be en-
rolled or registered and vessel shall be enrolled
OF registered unless such provisions are complied
with; could it be put in motion until registered
or enrolled The act OF Congress imposes fine
OF $500 Tor every vessel which s put in mo-
ton without being registered or enrolled
Unto that end they constituted a Board Of Inspcc-
tors and the duties Of the Inspectors pointed out
by the statute; they to examine the vesse-they
are to determine her strength and eficiency-they
are to examine her boilers, and determine if they are
OF sufficient strength for the use to which they to
be employed If they sufficient they are to give
certificate 10 that effect 10 the master which is
certificate Of enrolment and which it is necessary
for him to have for the employment of the YES
sci. When put IN motion the vessel would be en-
titled to higher state Of confidence than under the
law as it previously existed II you hook to the title
of the act, il would they had most specially in
view provision as TO the lives of the passengers
But first see how scrupuonsy Congress provided for
property on board. In the first place, it is not only
necessary for them TO so through this FORM but Con
gress has made an express enactment-they must be
provided with bOilers-an cngine-an apparatus 70
qnench fre-they must have The tcr apparatus Of
metal and not Of rope, in order that it shall not be
severed by fire. 1.-THE Judge then cited the thirteenth
section.l The seventh section declares that the
safety valve shall be raised. will read it, because
there seems TO be qualification put on il by the
counsel IA to its construction -
aft h4. rtnr I., laNt
il further enacted that whenever thenaster any boat
or vessel or the person charged With nasga
ing said boat vessel which is propelled in whole
part BY stea shall stop the motion Roadway said
boat or vessel when said boat vessel shall be stop
ped for the purpose OF dischargins taking in cargo
fuel or passengers he they shall open the safety yaye
so as to keep the steam down in said boiler prac
cabIe 70 what it il when said boat vessel is under
headwsy, under the penalty OF two hundred dollars ter
each and every offence
shall remark upon the latter more particularly
presently-but, enough to say now, Congress manu-
testify designed to impose upon the master Of yes
sci the necessity OF having the safety valve raised
when the vessel stopped. Whether he can show that
there is another mode adopted by him more success
fully, it viii be for you to But, gentlemen Con.
gress did not stop there After they had laid the
personal penalty, they framed the law as in the
twelfth section, III these words -
SIC H. And be il further enacted Tia, every captain
engineer pilot or other person employed board OF any
steamboat vessel propelled in whole In part by steam
by whose misconduct neggeace uattentou to his
their pec,ve duties the lie lives sf any person or
persons board said vessel may be destroyed shall be
deemed guilty Of granddaughter ard upon conviction
thereof before any Circuit Court Of the United States
shall be sentenced to confinement az hard labor for p.
riod Of not more than ten years
II is on this that the indictment has been framed
and the government seek 10 prove that by the neglect
careessness or inaenton, the life Of certain per.
son, named in the Indictment was lost. In the first
place, gentlemen this law docs not require il TO be
proved by the public prosecutor that the defendant
has been guilty OF any misconduct malconductde-
signedly-that he had, by design Of purpose, done
what led to this calamity. II is enough TO ascertain
in point OF fact whether he has been guilty u mis-
sonduct negligence, natt>ntion and 10 arrive at
that il will be necessary to have in mind what Con
gress intended by the torn. We are to suppose that
Congress intended the omission o. those acts which
would naturally lead to the consequences that would
be criminal misconduct. II matters not the degree
oi the misconduct; If the facts satisfy Won that the
acts were the consequences why. then he is guilty
OF all the consequences resulting from the disaster
" ls important, then, In ascertain what duties are
charged on the uisteroi what duties Il be- relieved?
When do his duties, and the duties Of the other Off
bppini Was Ia, no Of Ia