The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-08-29
The Westty-ld Disaster Submitted to the Grand
jury in General Sessions.
Recorder Hackett's Just and
Fearless Charge.
"a Whole Nation Awaiting the Judicial
Action of Cur Courts"
"A Great and Beneficial Example
20 ne Set.

The Grand Jury were yesterday morning recon
venad in the Court OF General Sessions, when Re-
corder Hackett delivered the following charged
GENTLEMEN OF THE GRAND JURY
You nave been reconvened to consider bills OF in
dicment against parties charged with criminal neg
Igence in the matter OF the explosion OF the boiler
oil the steamer WeSthed.
1t was shocking alsaster and Its details are too
hearrcnGiny 10 be recaDitulated. One hundred
fresh graves and several hundred grlei-stricker
families ara sympatnizing friends and acquan
Iances on the one hand, and the living community
demanding projection by example on The other
hand, constitute coQent stinulants 10 our duty.
But this would be plain II only one life had been
Prenminary tribunals have already affixed respori-
stbillty FOR the disaster upon individuals The law
now devolves upon You a continuance OF the in
curry. For your guidance SHALL now read and re-
nave direct application 10 your investigation Of the
facts:
sEoTIoS 49, II the captain or any other nerson having
gers the engineer or other having charge of the
SSe OF such boat or OF any other apparatus for the genera
the OF exeeng other boat in speed
surs. break the boiler other in which shall
nS
ked every such captain engineer other person shall be
SIC ~ Every other killing Of human being by the act,
sxcSsaSe or not Seoarea in
This chapter murder IN this title mansauEher of
degree upon careful consideration of the evidence
II YOU SHAH become satisfied upon careful con-
biueratlcH W tne eViueuce tndt tneIe IL proOaOle
TIE GOVERNMENT INSPECTOR oARELEssLY OR
NEGLICENrLY
inspected the boiler OF the WeStfeld or WAS
otherwise Officially IN fault when giving his
certificates then an Indictment under the
later section would be proper, charging him with
criminal contribution TO the deporable result. Ii
you are satisfied rom the evidence that
MR.. VAnbERs III, THE PRESIDENT or THE COMPANY
was put upon such personal notice OF the incom-
potency OF the engineer or the insecurity
a Ar
and Inspection greater than they both or either
one exercised afterwards then it VIII be proper
guage OF the section last quoled supernduce the re-
su by their cupable negligence.
me INST section VIII apply to The engineers act If
the facts I'll the law.
IL is said that the engineer improperly absent ted
ume OF steam for so defective a boiler was gene-
rated ana hey ond the amount the boiler was per-
United TO carry.
But, whatever may be the engineers condition on
the law and facts, resolutely and fearlessy examine
into the culpabity OF the more educated principals
IL Is too often the that supordnates are made
scapegoats Tor erring officials who are over them,
ana who are more powerful In place and Means
II IL Is possible under facts and law to hold presi-
dents, directors and superintendent OF common
carrier companies responsible for accidents happen
Ing TO the passengers, whose lives and limbs they
are In law bound to insure against negligence then
A A GREAT AND BENEFICIAL EXAMPLE WOULD BE SET.
They should be held TO the utmost vigil
ance. They have the means OF Knowing
whether tneir DOatS, cars, engines ana boilers
are or ought 10 be safe. From The nature of the
relation e which Is sustained to them by passengers
the latter give trust and confluence. The nvHn OF
laborers and mechanics, who niuse energy into the
BODY sohtic OF capitalists, who stimulate CONNER
cial prosperity are, IN mere mOneyed aspect great
trusts TO be committed TO the common carrier
How much more sacred Is the trust in social
view where the common carrier invites for his own
profit, the husband, father, wife, mother, sister and
tender-aged child to take their holiday upon his
PASSENGER boat, and becomes. In law, the guarantor
OF their safety, ana they, connding in skill and
means Of knowledge unhesitaingy commit to his
Keeping what our criminal law and Its administra
ton should most rlgldly guard-personal security.
Gentlemen, have the utmost confidence in your
fearessness and lmpartiaity as | have In the
Justice.
With whole nation looking ut our judicial action
upon this great catastrophe let us all give no room
Tor after reproaches from any quarter.