The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-05-06

TRIAL OF MAJOR WISE BY COURT MART
THE EVIDENCE FOR THE DEFENI
Interesting Testimony Relative to
Steamer Falcon,
THIRD DAY

THIRD DAY.
The Court met at ten O'Clock yesterday morning
suant to adjournment, and all the members answeri
their names, the examination Of witnesses for tn
fence was resumed In compliance with the reque
Leutenant-C Colonel Swords the Court allowed that
to explain and correct the record Of his testimony
Swords then made the following explanation
stated in my testimony, day before yesterday,
the interview had with Colonel Thomas In referen
the transportation OF the Third Artillery, the
Of April at the time thought the question of the
Advocate had reference to the employment of the
con- will now state that had one OF two previou
terviews with him.
time when you reported to him, or informed him,
the commander Of the four companies had not ms
requistion for the transportation, When was that
Answer had no interview with him especially
that purpose-for the purpose OF informing him tina
such equistion had been made; the interviews wei
regard to the subject of transportation mentions
that the requison had not yet been received by me
Q. When those interyiewsy
A. One was on the Sd of April the other betweep
Sd of April and the 1Ith-the date cannot fx
cisely.
TESTIMONY OF LIEUT.. VAN voAsT.
Lieut.. James Van voast, of the Third Artiller
Question. When you left home on the morning Of
18th Of April 1854, with Lieut.. Loeser for the ste!
Falcon, did you not carry with YOU in my order boo
the orders in reference 10 the movement of the det
ment Of the Third Artillery, composed Of companii
e, and KIP
Answer.-Yes, in the company book of Compan
oil the orders knew of.
O. DO you know or remember the contents of a Ger
order given to Lieut.. Loeser about the l4th OF
1854, by Major Wyse?
A. No; was not then at the post.
O. Look upon this report, and say IL you signed it
If the facts therein stated true according to
best of your knowledge and beliefr (showng the re
Of the Board on the Falcon, published in yesterd
HERAID)
Q. You state all the orders you know Of was not
one there in reference to companies and stoppin
San Diego, and D and X at Benicias
Cross -examined-Q Was this letter of instructi|
dated the 10th of April, from the Headquarters of
Army to Major wyse on the company record
A. Yes; think it was
| O. The other orders you speak Of, about the aG1
MES destined to San Diego and Benicia-are these II
| exhibiting special orders Nos. 81 and SD
TESTIMONY OF EBERT LATHAM.
Ebert Latham being for the defence testified
! follows:-
o. What is your employment
| A. Inspector of the Union Mutual Insurance COMFY
| for marine assurances
Q. Have you ever inspected the steamer Falcon il
| when was your last inspection Of her?
| A. Yes; my last inspection of her was about II
| years ago.
Q. Describe her condition at that time and state vi
rank she holds in your company booksS
| A. At the time went on board Of her examined
very thoroughly; think the house that she hid on
made her unsafe for passengers and freight much n
so than previous to the putting the house on deck
gave her too much top hamper; rated her on this
count A 2k and wrote at the bottom OF my repora
fair risk in good weather and smooth water"
When asked the meaning of this expression, the
said he meant he thought she might go safe in
| weather. In bad weather he considered her very
| risk.
Witness resumed-I say in my testimony h
| that that report expressed my true opinion.
| O. How do you rate vessels2
4 H1ru l.a.@ A NJ, H. Nvooo A
next, g-g meaning good; next, AK; Last, A .; q
| that we mark them out.
+ O. What is her class on your booksS
O. What, previous to her late return from sea, was
general reputation of the Falcon among nautical mer
| a seaworthy vessel2
| A. Very bad. -
| @ Arc those deck houses you speak OF sill "a
| Falcon
A. have not paid the least attention to steamer.
the last two years; have not examined her lately
| not say If they are there
| Cross-examined-Q are vessels rated A az c
monty sent TO and insured at insurance Offices
A. Oh, yes, they frequently go to sea; at our Office
do not take assurances vessels rated generally;
may insure them for a TRIP or voyage, but not tin
speak of calling vessels; would not insure steamers
| rated at all at our Office
| Q. Are steamers rated commonly sent to seaa
), A. Yes steamers rated 60 to sea, ut ] supp
| they cannot get insurance on them; know that /
| cannot get insurance them: know thew cannot v
US; cannot speak for other offices.
Question by the Court-Were the facts you have sta
".
| Major Wyse before the sailing Of the Falcon2
2. never saw the gentleman, that know Of,
| to-day.
| Q. by the Court-Do the houses or ton bamner ~
Falcon, of which you speak, differ from those on OF
steamers OF the same class? and if 50, in what2
A. think them much slighter than those Of other '
sells IN that trade they not strongly enough come
ed with the frame work Of the steamer mean that Ii
are liable to be swept away BY hurricane.
u BY the Court-Does this make the vessel unsaf
the hullor only the deck houses and the
there2
A. The passengers up there are unsafe, and the
hamper wrenches the vessel and makes the hull l
SAFE consider the hull itself slightly built in the
Place.
Y. BY the Court-What was the condition Of the h
ana engine OF the Falcon at the time of inspection
A. considered her very unsafe boat in bad wealth
cannot speak ms to her engine am not well enou
acquainted with engines; my rating had reference
hRr engine.
Q BY Major wyse-what is her tonnarep
A. have forgotten; $50 tons; we never get the c,
rect tonnage of these steamers.
z. What ought she to draw when loaded?
A. Fifteen feet, loaded plenty of water for her.
TESTIMONY OF ALEXANDER D. CLARK.
Alexander b. Clark, witness for the defence hayi
been duly sworn, testified follows:-
y What is your employment?
a. Inspector of the Sun Mutual Insurance Office T
marine insurance.
O. Have you ever inspected the steamer Falcon9 M
If SO, when was your last inspection Of herr
A. Yes my last inspection of her was in January 1855
q Describe her condition at that Time and state h
rank on your books
a. ! am in the habit of surveying steamboats-tl
huh, not the machinery-on year, was at that tin
all over the ship wherever could get, to examine b.
iastenings found in many places marks of strain an
friction; found great number of her knees started o,
OF their places; the hurricane deck, Saloon is not
hxture to the ship it put after she built
some three or four years after It was net bui
up with the ship; II is temporary thing altogethe
this hurricane deck is her now, last MoRda,
as 1t was put on her originally consider that saloon
making her unsafe for seagoing vessel, although wa
enough FOR smooth water; she had, without It, as muc
81 upper works and decks her frame hull was at
bear don't know If there any rotten timbers
her but suppose II have the excessive uppe
hamper that had started and strained her mbers below
after that inspection rated her low that our Off,
would have nothing TO do with her.
Y. What was her general reputation among nautca
men as seaworhy vessel previous to her retur
from seaS
A. My knowledge not beyond the inspectors Of th
insurance Offices with them her character very ow
q What was her siding upon her main dock, and ma
Il strength to resist the force Of heavy scar
A. suppose q never measured t) an inch and quar-
ter or inch and half stuff 1t had not force resis
n heavy sea.
O. What is her class in your booksY
A. A 2 with dash in regard to her hull
q What Is her draft OF water at load line
A. Fourteen and halt feet fifteen feet is as deep
she ought to go TO sea, think, with safety.
Cross examned-Q How deep did the Falcon go to sea
DO know