New-York tribune., 1872-01-30

sneer that ne mo. mean you 0n have a ,ns wltne
&c S0Os% swear 70 u" Men, s S'S%%0n s4o% BY cydSnec
MA. this Sst S%0Sh When wtnes the stand S1e hSS not
sworn to facts within saeE ,,neses they viii he be
soH nrcSiue that uen who have COM ,s,t tragedy,
that ho6c rt s weI WSre Sc eernpy than yourscye
e liyes have been passed in tS heen par;ici
happy eo{ , Sc had witnessed those horrpS united in
psSShahcida hundred OF my triiown,oy I should tccl
momena S more tender for the eIstroiic, I Of the
md then. geutlcmeo cute snc1s.er with what diht
, , glih how much labor, euoc' ga brother could not
ns Honor To rule lnat my f hS accident on, OF tte
",noI of the Franklin Institute in tLis case Aud
TO TO uGoeHSS SayySd SscCat for the hut e@t
pronght mc 20 that point nn,ho Tr would propose TO
hsd "',n ,npS 80 monstrous but ne WnsppossIhicT
THAT IL what he means 10 d3' ai ia" ard So We sot
Io ,, NJ IN, Couf after struggle; ana nut ,or i ,
iny iearued adversary Intended 70 sIT,o suIT2 Tor you
nnder your oatus tc fud verdct hoc"r,anF IT,, - f me
denoc s,y that tbat va 10, I'M S,3 casc and could
su,rit Of uSu who knew he h"u WV '
P'"'' !" VuA1 rur prrrSpASt Must sEo"'
Nm, ,euf,emcu suppose II tO be tTur taud "he''' +"
bc true not o course know not nor ca" 'ns ,o"''
f,ov, that This rnan came his death 10y this expo
,on then the law imposes upon these de'ehonl's wv
tain duty; and Ia, reason why that duty If hhiVSou
nror them is thi,-that they only know Whe'ner no
hayc done right not and the person Injured ~
i1oW n y@u or happen to be passenger ou boid % o
steamhoat VIC cannot know whether that poa' ,s"t n
sSST PTSTg PSTclg %@e aeui@dS S g Of m history and law
required us TO show that II had mol been Pio ont
Of the necessity Of the case ma, ,nas ,s re.
omircf 10y the laS in its wisdom. and Justice 10 snCT
Sat lac has done every win ncb aT he has nader
sa,S IN $50 rbea he makes Contract WIN
.'..,n :" % Inn sity Because ah -hc -,st ~
tbe plaintiff simply gcoTTcr SS aSCs money FOR The ff
forance cf duy II IS AL ~ Ina, insi. e. - % nv rst &
,@.rt . 10 car esTry the ccuion that he carrier sh
safely; and then n he does net carry saely we pre-
evidence which is that he has done everytine ia the
eest manner known To- sklfu' men. tut when he Nos
done that, he Is entitled 70 verdict. . , !
Nov Inv learned fieud have no doubt. is gong TO
% Sg ~ %Psanaa ~. Honor fS R t ysa that
be is no such thing. That boiler may nave gtn uSv
sre not liable if they have everything with the Ut
most skill and care and the defects c0nd not pe usco
The great creator, who has made the millions OIL
men that iuhalt tbis globe has never made one man
perfect No human bong that e er trod upon thN I3nH
eau man. image. OF his Maker pIoduce any
thing that j. perfect II Is lmp9nsbiei ana IN. VIC
OF making the thing better than the works Of Inc great
Creator himself II II were possible TO MAKE ~ peLSct
TO make it perfect. But IT Is not possible and tue la~
she duty only 10 do, ~ that regard Ia tle best
Of the Rnowlodgc that lie can command; aid when
he has done that he has N law and in conscience per
formed every obligation that ought 10 he imlveei upon
hun. You will find, gentlemen, If you VII ne good
enough 10 Ax your minds upon the simple proposition
Shich am maliug-yOu will find that that VII Ie
e hinge Of this case and that the efforts Of NY learned
friends oraOry, his defamation his his iycc
ye VIII I've 10 induce you TO suppose that bt this
boiler was not perfect therefore defendant respon
sibe. Bat his Honor viii tell yOu from the bench as
every court III the land has always held aud a,vays WIN
hold that there j. such obligation, and that nothing
s required OF us hut 10 10 every hing in the tet manner
That s known among sklui people ~ tbs Iaitment
Of art
THE rREsUTIIoN IN nrr CASE.
Now this plaintiff chose to upon The presumption
raised hy the accident. aud put therefore In po.
sitiOu to answer him. by proving tia; have cone
everything with thu utmost skill aud care; which, when
we bad proved. bad answered him Aud warned
my learned friend before he rested his case IL he had
amy facts to prove them n order that We might meet
beu again. after had reDuttcd the presumption raised
by the accident, aud then prove tho negligence which ht
had rot proved in the beginning But he knew the law Of
this Court better than did; and after had
closed he proposed 70 prove the act O negligence upon
which his rest, and his Honor permitted q TO
De done. You must have observed, gentlemen, how
much better lawyer my friend Is than am because on
every occasion his objections have been sIs,aea
showing that he exactly right III ms iaN, anI n.ino
irnorant | am. This il great advantage which tho
plaintiff IL this has over my Chcn an 1dFantaee
associate Nh Beach, whom you have seen here mt Olce
twice ia the course OF tho case has poeh etaeed
which has been imposed uron me he had been herr,
lresume these eIr,re tat have COMMITTEE Would no.
80 myself as in regard 20 Inc maher OF tit steam
Ior my good intentions, and assure you that have
sned to lie right:
proof, because expect You tOtry hs cause according
70 the evidence ask yoI 70 follow me, and make
Hny mistake 10 stop aud correct me; and ahk nE
learned friend 10 follow me and 10 opswer Inc II am
wrong and ask you to ho!l him 20 that aud l., ls see
whether not established cur cGSC upOu fOuntt
uOn that is impossible 10 shake
NOW TIE BOILER WAS CONsTRUCrHD.
We will 70 back o tie beginning. This boiler was hu
vt the Alaire Works by Mr. secOr who has been upon
Che stand and has told you II built Of Tho best
rfoI md Ii, he hest m
will object that evidence that M secor did not drive
every riyet and chip every seam Wei, gentlemen II Is
Impossible TO furnish such evidence as that and te "a"
does lot require u. IL tefHfrs US 70 lLfmsn ech ~
deEce have furnished aud as tho case - trseepube
Of MI secOT has tes!ihed before you Una. tm5 poie
was made ont Of tho best material ana 10 nc
best manner, aud no witness has yet been
called by my learned opponent 10 deny
IL; not One-not one Aud might upon mat state
make it, that have proved that 10 1e trne,
To deny it, Bat won't rest there; mean 90 exhaust
the case, aud crave your patience and Indulgence, De
stand here junior counsel in thh case 81 the abstnce
of my ecpior. feeling that upon me rests the rt.
Ous cOnse equeucos, aud beg You 70 bear with me
patiently while undertake TO ~ over tt caso carefully
Now that boiler was made Of the best material The
cylinder ws.s made OF { iine;hng eharcoiIl NJ J. ana
Boiler were made OF what they call y No Itho high
esiprced irOu The witnesses that my learned friend Gid
not call Oh HE side have ut proved anything. The Wit
nesses on OI SIDE whom he made wtncssB or MN, nc
ha- asked the question, and tey have tod you--Wbat
IL the ruhthat tho strength OF these two kiLds VI
iron l. exactly the sane they aIe equally strong
Tut that what they call III iron J. sotel The
purpose Of enabling them 10 bend IL around he
and do what they call Hanging It,. Whenever piecc Uf
has to be Dan ged. IL won't do have har ioauat
u viii break. piece OF lead would be .hC Dest tb.ug
hut II has strength. Ductilny rot the 1oniV
sought Tor the iron which is TO nsed IN te ndr
al the boiler which Is sinply barrel, winch s not
Hanged.
TIE IRON ITSELF TESTED.
But not left 10 the testimony Of Mr 5eoor Hete
r. the iron in Court After its use II has ieei pvt 10 tie
test and stands strain Of $1,000 pounds - tie bqugre
fnchrst-rae iron to-daY about the strongk Of Wbich
there is dispute question. No witness has said u
that we not confined 20 TIE question