The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-05-10

The court met at ten O'Clock this morning. pursuant
% adjournment, and all the members being present
pceedsd with the examination of witnesses, as fol
bows
III TESTIMONY OF ". o. ROBERTS.
Marshall o. Roberts, witness for the prosecution,
having been sworn, testified follows his direct
O. You are the agent of the United States Mail Steam
ship Company, and the Falcon belongs to that liner
O. What do you know of the construction Of the Fal-
Conf A. you win allow me- will deliver full expla
nation Of that matter have prepared answer to that
THE defence objected to giving testimony from writ
Ten but the Court told the witness he might
Witness resumed-I have personal knowledge of her
Construction. She built in 1s4s, Of white oak To-
sSe cost more than any vessel Of
er sire built In that year; have never known ship to
perform the same service that she has with the same
regularity, and without accident by computation made
from the companys Office, she has up to this time run
1850 900 miles, and has met with serious &C.
cident the oily delays she has made on voyages COM
menced by have been two-one about six months ago.
when she coming from New Orleans here, after
than year. she then put into Charleston to repair
slight defects In her machinery, which occurred owing
~ usrs At the ting
speak Of her late trip would like to add, that
In the last five years she has been In constant use and
has met with accident subjected the marine
Insurance companies to the loss Of single penny she
put complete order fer the voyage undertaken for
the government ON the 18th Of April.
9 Ys: the freight carried BY her been insured
1 Q. Do your line insure your steamsrsa
What has been her reputation and estimation with
Der owners, in comparison with the other steamers of
heir line, a. q seaworthy vesseR
A. Very high-being sort Of pet ship with them.
What opportunities have the inspectors had to in.
A. They have not inspected her at all They could not
have made such inspection without permission from
The ship has been in port under lock, and with
cmcers on board to prevent persons coming on board
without my permission. since she from
New Orleans, last fall gave permission to the port
wardens to inspect her but not TO the inspectors of
eurance companies and they know nothing of her con
fltion would take three days for competent inspec
tors TO inspect her. and they would have to open and
this would not have been done without my permission
as was done by Smith and Dimon in my presence.
@ Has your company had any difficulty with any of
A. Yea; the Cherokee was burnt at the company's
dock after she loaded for part of her cargo
of her but the company forbade IT, and refused to have
oanythng to do with them after this they increased the
rates Of their charges for insurance cargo in the ships
Q. Were the late repairs to her cxtensves
A. All that were necessary; there were no material
@ Are you able to explain the exact cause of the fail
s,re Of her engine on her late trip
was In consequence Of the leaking Of her valves
what made them leak cannot tell they perfectly
tight when she left the dock; was board, and
her engine at work; 1t worked well.
The direct examination here closed, when the witness
sad he had statements about the condition OF the
ship, and he would like to give explanation. The
troops at extra expense 10 the company Of 81 900
member objected to the witness volunteering testi
mony and statements nor called for Major Wyse said
that the the bedding and furniture Of the ship
was not before the court To this member replied that
he thought the testimony had been offered BY the de-
fence to show that the ship dirty and not in At
tion in those respects The Judge Advocate said
not the desire Of the 70 consider this matter
it, Major Wyse said when the minutes Of the last pro-
ceedngs read he stated that he had objection
moved that he made by the Witness be- struck
from the record The court cleared according
to the rule in such for the consideration Of the
motion none but the members being allowed to be pre-
sent. At the opening of the Court II was announced
that the statement should not be received testimony
TESTIMONY RESUMED.
@ You are one of the owners of the Falcon are you
A. Yes; one Of the original owners who built her.
Y A9QVt what amount Of interest have you in the
Company to which this ship beiongs
A. More than $40, 900 interest in the company.
How long have you been the agent Of the steamship
A. From the start of the line, in ls4s.
Q. Would it take three days to decide whether her
knees were sprung, whether she was hossed and her
A. Wei, should think IL would; If she is hogged I
have never discovered it, and have seen much Of her
O. What means have you OF knowing what the cost OF
each steamer that built the same year the
A. We compared notes; the Crescent City was built in
the yard and the Northerner built by Brown,
who built the Falcon those vessels have single engines
and the Falcon has double engines which far
g. Did the fact that the Falcon had two engines &C.
count for the difference In cost of these steamers
hull the same as the Norherner and Crescent City
pensye on the Falcon her cabins were better finished
Q. Do you know that the Falcon not inspected by
an inspector Of marine insurance company last
A. There inspector that had permission to in.
spect her. and entered the ship for that purpose
to knowledge the ship locked the key kept at
our ONCE; one by mere going board could inspect
her would take three days inspect the ship proper
ly; gave permission to any insurance companys in
spector to inspect her. is impossible that she could
have been inspected without permission
Az what insurance company was the freight Of the
A. No doubt in every office in the city; but only
know about the Atlantic know about that because Mr.
Jones sent to to confer about it, knew Of four nspe
tors being the Cherokee after she burned each
inspector represents company
Q. During the recent repairs Of the Falcon were her
A. Some parts Of her machinery removed; have
the engineer here who can testify more fully on that
matter than can
O. You say the Falcon was put in complete order for
her late voyage; was her paint dry when she saiedf
ship has such the George Law touched up the day
she left the pantry Of the Falcon begun about
week before she sailed suppose, If she was not dry
that it only spots being got ready for the
New Orleans trade to relieve of ships there and
was not intended for the Panama Railroad hospital
Q. What the Falcons draft Of water when she
went to the 18th April, 1s549
A. don't recolect; the captain is here, and can
Q. Had not the Falcon board, when she went out
the 18th April 1854 about 600 barrels Of beef for the
Panama Railroad Company
: A. She had 500 half barrels.
Q. Has the Falcon been insured since she has been
srunningS
A. The original in Boston insured her for
two three months but have not insured any Of
ships perhaps did the Hrst year Of the company in
cases, but do not recoect do not now;
applied for the Falcon, and never refused.
O. How do you know that the insurance companies
have never lost dollar by the Falconf
A. She has met any accident that could damage
the freight none has happened
On her trip from New Orleans to New York last fall
of which you have spoken, did not some all OF the
passengers leave the Falcon at Charleston and did not
your company return to them their passage money,
which they had paid in New Orleans before leaving
there?
A. Yes we did not pay in all cases; we paid In cases
Of need matter Of charity, in two three cases.
such claim set up but not pursued had letters
written to from lawyers.
O. What the difficulty with her machinery when
she put into Charleston last fall?
A. Very slight; not important; don't think the din
l<v nit havr al