National Republican., 1873-11-14
TIE WAWASET OFFICERS
DISTRICT ATTORNEY FISHERS Rtr0RT.
Review Of tho Evidence -CIintios sf The
Laws Affecting the Case --rcstimeny Ia
sunncisnt 10 Convir, OF niansiaushter--
salts TO be Isstituted 10 Recover ske
Penalties Forfeited.

sunncient to Convict Of Mausiauahter-
salts 10 be Iss,itsted 10 Recover The
Penalties Forfeited.
nIsIsIor ~ CoLvxsIl.
WARRINGTON. Nov. 10. tsIl
Hon. r. g. B,rsshi. Soiieitor n as rrsa'-vy;
SIR on the 81 of September last received a
note from Mr.. Robinson, then acting Solicitor,
Transmitting q copy Of the evidence and report
submitted to the Department In the matter Of the
investigation Instituted by the secretary Of the
Treasury touching the causes Of the burning Of
the steamer wawaset In August last, and instruct
Ing me To institute tho necessary suits against
any and all persons who have, In my opinion, Ia
Cured q penalty or forfeiture growing out Of the
navigation or destruction Of the said steamer,
for the enforcement Of which the United States
can be made party or Is Interested. Mr.. Robin
son further sars that at IL not the duty Of this
ONCE (he Solcitor's) TO instruct you tme) In re-
gard TO the Institution OF any criminal proceed-
lngs In the premises. The institution Of such
proceedings Is a matter which must be loft to
your (nyl own discretion In view OF the EVIL
deuce submitted And he calls my attention
act OF Congress approved February 2s, 1871.
sectio1 Of said act provides for . forfeiture
OF I'VE hundred dollars 05op1 for each offence, To
be paid by tho owner or owners o. all steamers
nayIgated without complying with the terms OF
| said act, AMI for the seizure OF the offending
vessel for the enforcement Of the forfeiture.
| dollars (SlOO) for each offence for tho employ
inent on any steamer OF any person as captain,
chief mate, engineer, or pilot not holding =
license from the Inspectors appointed under said
| act, and also similar forfeiture upon the person
so employed without holding such license.
Section ls provides that the Inspectors APP
pointed under said act shall state IN every cor
tincate Of Inspection granted to any steamer Tho
number OF passengers Of each class that she has
| accommodations for and can carry win pru-
dencc and safety.
TIE LAW or THE CASE.
Section 81 cnacts that any captain, engineer or
| pilot by whose negligence, misconduct or lnst-
iention, or any owner, Inspector or other public
oficer by whose fraud, connlyance, misconduct
or violation Of law the life OF any person shall be
/ destroyed shall be deemed gullty OF man.
Slaughter, and prescribcs tho punishment there
section es simply Axes the penalty for the
| Violation Of such provisions OF said act AZ are
not otherwise provided for therein at $500. the
I have carefully examined the entire act OF
Congress, the evidence, aud the report trans
mitted 10 the case OF the wawaset, and have
come TO the following
| cjscLusioss:
| T. That there Ia not sufflclent evidence OF tho
misconduct, negligence or inattention to duty TO
| warrant any Jury 10 convict either the captain,
engineer, pilot or other employee on said steamer
| 9fty.seyen: nor is there sufi,cient evidence OF
| fraud, conulvance, misconduct or VIOLATION OF
law on the part OF any owner OF said steamer, or
| oil any Inspector OF Otnet nunic ouicct IN cophe-
quence OF which the life Of any person was de.
| stroycd, to warrant such q conviction. I shall
not therefore institute any criminal proceedings
In the premises without special Instructions 80
| to do.
was vessel OF upwards Of three hundred and
twenty eight tons burden, and that her certin-
cate OF inspection for the year ending March %,
1871, permitted her 70 carry SIX hundred passen.
gers ordinarily, and that for the next succe
ATTY passengers; that the certificate for the year
ending March 5, 1873, allowed her TO carry one
| hundred and nifty passengers this last men,
toned license being granted under the same act
OF Congress as the one under which she was
nayigaied at the time OF the occurrence OF the
| dlsaster-together with the contradictory test-
mony OF the witnesses assumed on that point
am fuly satisfied that there must
have been some mistake made In nlllng ont her
license for the year ending March ?. lsIt and
mitted, and was intended 70 permit her 70 carry
instead OF nfty passengers In all, - expressed
upon the fioe Of the license sent 10 tho custou,-
house In Georgetown, NJ least one hundFfsh IN,
dfty, or thirty more passepgessf ''nAn appear u
have been on board StSt5e ii,pe she took ere.
shall not, lhereer0e, unless especially Instructed
couWeencc any suits AGainst inc master or own
flers OF the wawnset 10 recover the forfeitur
. provided for In the Isth section OF the act.
I'll Q. As II Is clear, from the evidence In the case
. that the owners OF the steamer, the captain
: mate and engineer have all violated the provl
Rlons Of section fourteen OF said set Of Congress
shall, In obedience to instructions given In Mr.
: Robinson's letter, institute the necessary suit
, against them to recover the forfeiture provide,
for In said section for Its violation unless thos
Q instructions shall bc countermsndcd by you
: an early day.
Q return the copies Of the evidence aud report.
|. GEo. p. FisHEn,
United States Attorney, ID. G.