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


VNY9m srArID CIRCUIT oouRr.
Before bon. Judge lngsrson-
1W. 2-fAs Usilsd Nots ~ nsWsas Couy1, John r
- u. osmss1 Edesrs Hsssa.d Jsnss Z. Jsss.p,
eossassd during the trial.
FOURTEENTH DAT.
- Jordan resumed his address behalf OF the defend
- - the conclusion Of which Mr. Mcmahon said that
- Arsd he would b doing injustice to his clients to add
- word to the abls and eloquent argument Of his
n j. Prescott HaI then rose and said-May it please
CsurtGsntlenen of the jury, this is new the four
: u invsstgston Of the facts in this win not
aAass mat patience by any protrsctsd Of
sasasiy q can the law which applicable to the
vsh before the Court and the jury and tho eyi
.ss which tho sss 70
aks sfort to beyond the proper limits although
ahal this occasion, discharge it without pain BE-
asss man, think that gross misconduct exhibited
an on part Of the officers OF the Henry Clay the
Akl 18th Of July, 1852 I viii not endesvor By
~ - fall inch short of it, for conceive that in my
1s1 to the government, ~ prosecuting ofcer, am
n to the particular individuals who are charged that
loud discharge that duty in the best manner I
s Of By the constitution Of the United States the
o-erce Of the whole country Is placed under the
e1tol Of Congress. The Supreme Court Of the United
atss have, ON many occasions, decided that the word
mnercc, ~ used in the constitution, included navi
Qa Also and that therefore the whole navigation Of
United States, ~ well as the whole commerce of the
- states is under the jurisdiction and supervision
tbs peoples representatives. in Congress assembled
- ne time tho constitution went into effect, and for
10y ysars thereafter the mode of propulsion adopted on
Nm Of the powers of the law not called for to check
esy abuses guard people in their rights bat after the
s.satsr to b. used IL al the nsvsaSs waters of this
esssty and perhaps of tbs globe after these potent
Sos Of steam vssssis it was by experiences
Aat great want of care had been exhibited on
2 many occs'ions-that the people Of the United
04bdary business upon the water courses Of the
vssd States, unless they degree projected
esnts; and serious had this whole matter become,
- Congress- in 1888 passed law upon this subject,
sgsrs board vessels propelled in whole in part by
proceeds then to give set Of sh rule. Which sh
.Aieh they control and which rules they have no
- utn.st vigilance should be exertsd it is provided
s the passing Of this act that vessel shal be per-
to navigate the waters of the United States unless
10y take out license under the conditions which
pesed by the statute-that in the first instance the
the boilers and hps Of the stssm 1.ese that the
.ntss ~ vessels shall be inspscted on:e in twelve
.o.tbs ana t5s boilers shall be inspected once in
svsrs penalty Of the law Ee s,slsso . Inc
~ Of the act which made 1t the duty "a o H~s ~
y.s to lot Of steam every landing place 'e.s .O Q.
sv:r the Roadway Of the vessel should be stopped
II II. Of he cited .Se Of Judge
Iantive, and that the captain had discretion But
eess, not deening the act stringent enough passed
- following
81 :n9a in %po on board :.
resp hi
% 81 soa1 n *. .:s s i
ss.asnsnt at hard labor FOX period not than
H. Han then referred to the observations Of Judge
xsvitt in the case of Warren, in the 4th Mclean A
% the Of counsel the other SIDE to the
xss2setabity Of the defendants he OR Hal remarked
nat when such indictments tried arguments such az
bod been adducsd before the jury the resps caby
I'D standing of the accused invariably used But
esI8gence or the standing of the officers an ex
60 for them but rather the What because
csponsibe for this actf The argument is false in law
And unfounded in morals to that because Mr. Coyer
sPectabie man he can be negligent in the navigation
u1en their countsnances and jokes have been
.ads BY their counsel, who say there NO racing,
. theory Of the which sAt that ' tssS
suppose the calamity occurred to this vessel by Z
ss.s Of acts the part Of these defendants committed
1ssdeer had been disabled that the Armenia was select
q 70 succeed the Reindeer She sail on the 27th
ss the owners Of the H. Clay made cor tract that she
was TO Precede the Armenia and make the landings rst
bat With this the charerers dissatisfied The learned
0ounss then referred to the testimony show that there
w.s racing and in which of the witnesses the cap
hin Of the Reindeer in answer to q question from M
Banning his associate for the prosecution said that he
there was much racing the river there was
eseween horses on the road He (Mr. Ha to con-
A that from the time the Ga left Hudson she was going
u the rate Of eighteen and til miles hour without
~ refsrsnce to landings The distance hundred and
and she went that distance six hours dsducting
.0oing for stcppages Mr. Hall then referred to ths
s Of the Isxington and Judge Catroas Opnies
svery Eaan brought he.s witness the part Of
= gsvernne.t hss como with such feelings as indi.
desireDf revenge against the officers Of that YES.
these most ire
esstabe citizens of New York. had on the stand TO
fsnwear themselves. What object could they have in
aong sop Mr. Minturn lost nothing M De Peyster lost
y WIFE NO Child friend of his found watery grave
NE learned counsel continued his address to the jury
which occupied two hours and marked clear
eA consecutive history Of the case and able dis
2uisition on the Law upon which the indictment was
At the conclusion of Mr.. Halls remarks there were
tatons of applause from the persons assembled
M Mcmahon submitted to the Judge that there was
evidence to connect Mr. Jessup the clerk of the YES
ssl ct all with the transaction.
THE JUDGES CHARGE.
Judge Ingerso then proceeded at O'clock to charge
Gentlemen Of the Jury-There is now prospect tina.
Mis- very protracted trial will come to close. 1t
has occupied very considerable portion of your time
md attention, but not more in my Judgment than was
me to the transaction which lad to be investigated and
happy TO be able to say that you have thus far
1oed that patience Aad given that attention which the
sss requires 1t has been nmaed duringhe progress Of
~ trial that has been done those individuals
30 have separate trials for the that If they had
SEPARATE trials the testimony of those not trial would
- proved defence Of the that should be tried In
this question: when motion made for
separate trials gave reasons why 1t should not be
mated. An may state again in this place that as de-
ndants were indicted by the grand jury Jointly IL it had
bssn permitted to separate the trials the tried first
,ouh not have called others to testify in his defence
hat Is the law 1t has been decided solemn argu-
nst BY the Supreme court Of the United States and to
1T decision We must all bow. therefore say that if
- were permitted to have separate trial., the
ne who would be first tried would not be permit.
d on his trial to call others TO testify In his defence
the year 1888 the Congress Of the Uaited States ia
~ Of the many startling disasters which had opened
ne waters OF the United States to vessels propelled
steam, by which great loss Of life had been occasoned
a.ses law the obiest of which wss appears by its
e 70 protect the lives Of passengers board of
~ OF that description That law among other things,
rovides-
That every captain, engineer, pilot, other
,oyeo On board Of steamboat vessel propelled in
mole or IN part by steam by whose misconduct negligence
natsention TO his their respective duties the life lives
my person hoard said vessel bedsroyed
~ Pc deemed guilty OF msnsaughter and upon oonvic-
IAAA lat ~