The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-12-29
United States Commissioners Court.


Before George W. Morton, Esq
CHARGE OF FELONY ON THE WRECK OF THE SHIP
NEW ERA.
Dec. 2s-The United States Isaac Hurbcrt and Or
lando Bennea-The defendants in this charged
with stealing SAIL valued at $780, from the wreck of
the New Era
Alfred G. Benson, examined by Mr. Joachimssen de-
posed that he is merchant doing business in New
York; knows the defendants; they engaged
wreckers witness holds bill of sale for the New Era;
she is sixteen miles below Sandy Hook wrecked
and SUNK with about six feet Of the starboard quarter
out Of water the defendants took sail from the vessel
without the authority OF the witness.
copy Of the bill of sale produced by Mr.. Dono-
hue counsel for the accused in which appears that
he hull and spars of the New Era, she now hes
he beach conveyed to Mr. Benson and that it
understood that cargo other property is included
n the bill of sale.
The Commissioner decided that the complainant did
show any right Of property the sail alleged to have
been stolen, and therefore dismissed the charge.
Tie United States against the same.-Hurbert and Ben
nett were then charged with cutting and njuring the
Jason L. Pendleton examined by Mr. Joachimssen, de-
posed that he knows the Defendants them at the
wreck of the New Era the 9Th Of December they had
some Ave or six men getting out cargo they continued
getting out Cargo did not them destroy the vessel
that day; the 18th did, Mr.. Hurbert was there;
did not Bennett that OCCASION there we're
board they that day saving the lower deck beams
and carlins off; went aboard with Captain Grer, in
not cut mutilate the ship he said it all right,
but he would be id II he wouldn't cut her until he
got the cargo all out Of her. that cutting weakened the
Q. Did it destroy the decks A. 1t did: she new
ship Of thirteen fourteen hundred TONS preparations
being made by Mr. Benson to get the ship OIL the
ship not strained in the least.
Cross examined by Mr.. Donohue-I did not know what
cargo was in her; do not knew OF my own knowledge
that preparations made to get her off, she had two
decks originally OF them (the upper deck) gone
in part pretty much Of the lee was left nothing
had ccu dome n q m to m
her off; the vessel stripped except that her lower
mast her main and crotchet guards and the mizentop
mast there; there rigging on did not see
effort to that time to save that part Of the car
go the vessel lay IS so fathoms from the beach, in
about Is feet of water the land side; master
marner am not engaged in the wrecking business the
defendants offered me opposition, prevented me
O. Did they tell you they were saving the cargo for
the insurance company A. They told they had
th,rity but they did not show it to me- asked Bennett
for his authority.
Alfred G. Benson deposed that he was the owner of
the wreck Of the vessel New Era and his title to
her. went beard on the 18th December and Mr..
Hurbert there with party Of men; told him owned
the vessel and that he must not cut 1t to pieces he said
he had cut it and should continue to CUT told him
was making preparations to get her of and to plank up
her deck which had been cast away he OF his
party sad undertook to do that there would be wef
time saw some Of the party saving under water Mr..
Bennett there with them.
DO you know Of any preparations being made to get
that vessel ofy A. had made and am still making pre-
paratons to get her off.
Cross. examned-I do not know, except by the pubic
manifest, what that lower hold. do
ghtly or how loosely it slowed; do know what
weight of the cargo in the lower hold Isl know
it light and heavy, because saw cask h0at
from the wreck also saw some boxes come up; do not
know ~hst in them; saw them pull up OF the
couicnts am merchant: yon may call me wreckeri
you please; am wrecker in this What have you
done down there to get this vessel Off sent plank and
spikes down; sent down two schooners with panks;
spiked the deck plank, which they said they had cut
of, far could; built house shore for my
men TO live in have employed men and made arrange
raising the vessel had employed diving bell can't
think OF anything else that have done; have not
saved any part of the vessel; have spent my time in
| putting in repair what they destroyed don't know
when the vessel went ashore how deep she in the
water these parties did not tell for whom they
acting; they refused to tell me; did mot know that
know that they got any dead bodies from the wreck
To Mr.. Joachmssen--The par les said that they had
cut and would continue to cut, and that IL nterfered
| should have a wet time of II.
James Greer deposed that he board the wreck;
| knows HUBERT he was there the 18th Bennett
not there; saw men under Hurbert's charge cut the
! roborated the testimony Of Mr.. Pendeton.
/ Cross-examined-They cutting to get out the
cargo @. Could they get the cargo out without cut
tngs A That can't say there were the hatches but
l To the District Attorney (Mr. McKeon)-They
saving the vessel because IL easier to get the cargo
out that way have the apparatus that sent
down by Mr.. Benson t1e cargo could be taken out Of
the vessel with that apparatus without destroying her
she could be got off with very little of her cargo ben
taken out; 1 have been engaged in the wrecking bust
ness, on and on, for ten or eleven years.
George w. Howe gave c0rroborating testimony.
The Commissioner did not consider the evidence suf
cent to warrant his committing the accused, and he
| dismissed the complaint.
FIRE Ex-TSoUIsHEp ny STEAM.-In FIRE which
occurred at PEORIA in FriedIy Lncolns factory, the
propretors ordered the safeyvsve OF the engine
10 be opened In a few minutes the building filed
utth fhe vbt here