New-York tribune., 1872-01-30
' TRIBUNE TnESnAY JANUARY 80. s72-TRIpnr Il s''---

tnurston and asked him n he knew anybody who did
know enough 70 ascertain that crack Prof rrurston
who detect the difference In the heats OF
9 % no Sotes ap 70 he part OF
friend knows no man who do that; and no man was
thought wss doug very rash II thug and they told mo
when put that question straight to Prof rhurston
wIs taking the risk of having hiu say he could knew
u. '..a snd the science better than they did knew
that Pro s mot do Ss e. or he womd
ThuTston knew no than did about ana a hr rtG
would not tell mo g., lle and asked h.% %conld
not" There was the end Of this case. There was
nothing left but TO give decent burial and then out
sres his efforts depreeiated no man who has la
bored so zeaously IN ease likes TO be treated WIN con
one another and they told that they could not
have discovered that crack, and that It could 40. oe
adversary win tell YOU that We ought TO have KNOW ~
and ought to have been able ~ further than toer
S S%h Sse h ne na aro Of machinery
and living all hls hie practical engineer. ,o,
But my learned friend says that tonoly our eneheel
could have found that crack and although no other
man could discover IL, yet he could Wel II tnat ~ @
were bound to use IT, Let US see then If that Is true
Connolly examined this boiler with hammer IN is'o
hammer could detect aud that he discovered none oi
these cracks The reason why he dld NOT ureossr % c
that q hammer will not detect such defect. fLoI.
Thurston says they there at that ne.th tney
were old er'cksand yet Connolly soIla noI ~ nnI
cay, that hammer could not detect tbem Anu i' 10
all Of this case
AN opisIoN GIVEN AZ A FACT
NY esteemed friend Prof Thurston, when under cross
eNamnaou could not resist the temptation to deiehd
himself by q retort upon me- CrossexanfnatioD Is q
very irritating process and always forgive the effort TO
parry force II to be pierced as the shield
which is held up for that purpose. . - .so .,
The Professor had been examined 70 prove q case OF
negligence against this Company. That neGneence, !,
there were any was complete when the boiler Dfrt aHd
nothing that has happened since affect It, On cross
examination asked him If he knew any fact ON or before
July 80 which Justified the opinion that this boiler was
that day. II there such fact, OF course We
innocent He replied that he knew only Two fact
and gave him any amount OK time 10 think ot any
boierd that had controlled broke their braces ulder
which thew had been s9Scct@d This attack was poetic
revenge. The arrow was feathered from the victim
he said No but had been so informed by my friend Mr.
Baker Knowing a. did that no -uch thlh9 han nap
pened at telegraphcd for Dir. Baker and place
min on the stand Offering t9 prove Oy hin thioe tEs
l. That such thing ever happened; That ne never
the subject he ever had with the witness was ohs
after the Weseld accident and hat therefore, even
true, the Professor did no. know II at that time AGAIN
The superior knowledge OF law possessed ny my
adversary avaed his client, and under his objection
His Honor refused to permit me to eXanne my wthess
and rebuked by Hs Honor with severity for say
ing What knew t0 be true and was ready IL prove, ta
the Professor had been mistaken in his statement.
Of the imperfectOn of al human Institutions The law
which has been maturing for countless ages - -d u
be- perfection Of human reason, and yet to-day t'
law permits a witness the stand b. express an opH
ION hch may convict fclOwbeing Of murder, or sInl
other crime which opinion is founded upon some 1ac
supposed exist and yet the party 10 be Affected ~
that opinion disprOve the existence of the at
upon which alone IL is said to stand, and must bo judges
by the opinion If it, foundations we're adamaut Hoh
can "A boiler maker bs expected u prpdie" perieo
boiler when tbs perfection OF human reason Ai' gone
no further than this I
HOW rms CASE WAS CLOSED.
And now, gentlemen, snll trc'paSs no f"rther vi
yonr patence We commit ease to your hands uilei
the belief that you will hDd verdict according I" eVI
dence and the law. If this Company has omitted doing
ANYTHING which ought to have dome prudent men
guided by hight of human experience they are iabL
ii not, they entitled to verdict Suppose yoHr,
selves in their place. and ask yourselNe, II you WoI
have done better. Ihey had "a they supposed sooI
boiler in good repair. capable az bearing pressure or
a. pounds steam, and n burst "itLor at = pounds or
exploded from "A sudden development OF riesisuOic
force Which could not bc fOresccn or guarded agus
Ii A. burst then human being Coui nave a0ICiltcd
the remucs prObahuy Of such 40 accident, according
TO u human experience; and the Ittche Ous Ctdoh IA
the boirr Wiucu CAUSED che accident, al Ie NH'sscS
ucree. could not haze been discovered by any hunih
skill II AZ exploded then there - dispute tn1t there
ws plenty time, and the accident stands
planned by present b'sulan knowledge. In
either the Company II inuocen.
T.. y. DICBERsoS.