The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-07-15
United States v0mlnissl0ncf's Court.
Rafcro Caorru w M,-,na E,n


IMPORTANT CASE UNDER HE sTEAhBOAT LAW.
July 49, The United STATES vs. Ed,cayd Barnay.
The defendant, as engineer, was charged vita
having, on the 25th OF January last, Intentionally
dersnged and injured the operation of tae stea
gauge Of the steamboat Thomas Hunt, by the uss Of
fraudulent gauge rod, wnicn was six iaches TOO
short
The District Attorney appeared for the United
States, and Mr.. James Rdgwsy TOR the defendant.
Irving A. jones and Watson Au kmick, la;e
frenen, were examined by tins government, and
testified that on the 25th If January last they
suTed the gauge rod and found IL SIX inches sh rtsr
than the barrel Il belonged TO- as they judged, with
out measure g. that the xt day II indcased thirty
line pounds OF steam, to which should bs added che
six pC uDds Tor the short r)d, showing q pressure
OF forty five pounds, ~heh the boats oetId late only
allowed the carrying Of forty pounds, although they
as en- tie 18th; that they had NJ other means Of
knowing the amount of steam than as indicated by
the gauge; and also that the defendant, on auo.
Their occasion, had the balls on the safety valve
lever showed out to the end to prevent steam blow.
ing off at forty pounds They also testified taat che
boiler was }esky and steam hard to get no, wlcn
was the reason Of their measuring the rod Jones
testified that he bad said he would get the defend
ant into Jail If be could.
Che case being hero closed On the part OF the
government, defendants counsel mgved tor an &C
quittal on the ground that no testimony had been
offered showing any intent, which was the gist of
the offence. The motion WAS deniei, and the de-
fence proceeded.
Capt. White, Of the Thos. Hunt, testified that
Barney was q CAREFUL sober, aud industrious engi.
neer; that no complaint was made to him against
Ba,ney except once, by the witness Jones, who
charged Barnsy With having falss gauge rod,
which the captain instantly examined and found all
right; that the highest steam he ever knew carried
thirty pounds, but the average in January
was twenty eight pounds; that ne ak sGiued the
gauge and safety valve every day and found them
correct; that be knew 70 more steam than usual was
nd vnn nnI III v1ut
ofty pounds at any time. This Is the same stick
which was in the gauge when Bsrnay first came on
bosrd, and 1t Is now exactly the same length il
always was, and as when Mr. Birbsck measured it.
or thrty-aeven p1ur DIS.
William Brbeck testified that he was an engine
builder and bnew all about steam gsuges; tina. he
examined the gauge and the rcd produced in court,
long, instead OF being any too short, aud that it
would cor equent'y indicate 81 pounds more steam
Than &C uslly in the boiler.
Alfred Hall, one OF the owners, testified chat he
frequently travelled up ana down on the Tao,.
Hunt, and paid particular attention to her running
and the conduct Of Barnay, also to the stats of
the steam That In January last it was very diff, cult
TO get up Sufficient steam, owing to leaks in the
boiler, made by previous engineer, and which put
the TeH ont much that six days after the l5tn
January she had to be hauled off to recsive new
boiler IL was very rare to get thirty pounds, and
never saw more Tia that during all January; that
he considered Barnsy The oest engineer he had
perfectly sober and Industrious, and was only wait
ing the decision OF this case to employ HIM again
immediately, IS the Steamboat inspectors have not
allowed him to serve since this charge was ma lie.
William King, another OF the owners, testified to
the same facts as MI Hall.
Rowland Socfeld, the pil,t, testified 10 similar
facs, and also that could tell from bis ex oereace
on beard OF her for over three years WITHIN few
pounds how much steam she carried, and was sure
that on the 26th January last she did not exceed
thirty pounds; that for several weeks prior to Jsnu-
AIRY 10th, steam was kept down, because the boilers
we're leaky, and the public complained very much
about the slow running.
On submitting toe case to his Honor, be decided
that the offence of Intentionally derauging the
gauge tad been made out, and accordingly com.
mite the defendant