New-York tribune., 1881-03-29
49, So KANAAKA DIsASEER.
,RIA1. nE NEE STEAMBOAT INsPEoToRs.

opening OF the United States Circuit Court Yester
day morning. Austin Jayne and John Il.
Matthews the defendants, sat together behind
their counsel, General d. b. Foster. Assistant
United States District Attorney Fiero conducted
the case on behalf Of the Government. OF the new
panel about n dozen of its members were excused
from attendance by the Court and eight were chal-
lenged by General Foster Finally The following
Jurors were sworn:
Adams, James, furnishing goods, seventnave' ana
BcnismIp. Alfred clothing No 73 wooster.st.
BreSlln John. broker, No. - Bible House.
Busing Winul cloth. No 244 Wilrsmst.
Dsyne Thomas j. drygoods, no; No. lf2 40 M0ftn i1fSSe
D0rland. Milton L., heemaker, No. 4l2 Bleeeker-St,
GermOnd William jr., builder NO. lO4 Hest seFen-
Richards, James !, iewelry. No. 1872 Broadway.
Wakefield, Ward H. cotton. Nc l32 Pearl-st
Walker, Mark A., planos, No. 1874 Third-ave.
Mr. Ficro in his opening address, said that he re-
gaIded the case important as any one ever pre-
sented to the Court On June 2S, 1850, there oc-
Cured within the limits of New-York City one of
the greatest ana most inexcusable accidents which
had ever occurred in the waters of te Nation. The
steamer Soawanhaka, with $50 passengers on
board, was then on her outward trip. and when
near Hell Gaze, without any premoDition, an explo-
sion was heard The boat took fire and burned
RAPIDLY Consideration prevailed among the pas
sengers They looked ioI life-prcseryers in every
direction, but none could be found. One-fifth OF
tho entire number Of passengers in broad daylight
within 200 feet OF tho shore, destroyed. Those
interested in the boat attempted to show that tho
disaster due to dispcnsation OF Providence.
Tho Grand Jury. however had carefully :nvesti-
gated the facts and result the defendants have
hecn indicted. They were indicted under the Re
vised Statutes for falsely certifying that the Sea-
wanhallas outfit was in conformity with the law.
Ms 70 hut
All depended on three particular points.
IL is claimed, continued MIR. FIerO, that tho oert-
icate is false, in that the boile-S and tubes and
lluos therein were in n bad ana dangerous c0ndl-
ton and unfit to be nsed at the time OF the inspec
ton. The evidence will show that they were
marine bOleia, that they were fourteen years old
and that salt water was frequently used in them.
shall show that the inspection OF the boilers was
never perfect; that from ths hrst they never hau
had that inspectiOn which the law contemplatos
and that the tubes weIo never inspected. ! shall
also show by he testimony OF experts who accom-
panied fine Grand Jury to the wreck, that IN Their
opinion at least tho boiler should have been con-
demutd three years before tho date they were cert
fed To DC in good condition by the defendants. 1t
will be shown In evidence that the tubes ana ilues
were rused and corroded out, and that the upper
fire door was perforated with holes. there was
nothing TO prevent tho flames from bursting out
and setting fire TO the Unprotected WOODWORK. It
will also be shown that the disaster was due to the
cnIlaDslnp OF ono of the tubes and the subsequent
rupture Of one OF the Iues; wlll haHe parts oi
narticular on which tho indictment IS based IS the
section of the statute which provides that adequate
provision shall be made TO prevent sparks ana
flames from being drawn back from the lire box
into the vessel. This vnS not done. The thrd par
ticulaF Is that the certificate granted ny the nspec
tors was % false one. The law requires that goOdi
preserycrs shall be provided for every person
ON board and that they shall be kept IN accessible
places: The law also REQUIRES Illai
shall be provided with such numbtr oi Ille-boats,
floats and rats shall best preserve ne IN case or
disaster 1t will be shown that the Seawanl,9ka
had ife-rafts. and that tho inspectors knew that
4 VA A. uuQ
Ii will be proved that the owners OF tho boat had
au opportunity 10 purchase raj nut tlat they ulu
NOT do so because the owner Of 10 asked no more
than they wore willing 20 pay FOR It. 10 VIII also
be shown that vi ile the law requires that there
theirs were ONLY two; and q witness who was n pas
senper ON the boat Will tell You that alter the crew
had umred overheard no and some others At
tempted SO lnnnch one oi tho noats' 1Ht Ionnh IL
useless as he coud daylight through IL. sllnll
show you that the death OF three women resulted
bscause theN no life-proservef IN the caDln.
will also show you that many OF the htc-pre-
servers remained attached to tue ceiling OF the
deck. after tho racks which held them had been
torn down. owing 20 the paint which had been pnt
on them after they were IN position. l win also
show you that Of tnrty lifePrescryefs which pas
senger distributed among the wOnen' seven were
without strings or fastennga
The first witness examined was Henry Freeman,
formerly chief clerk IN the deienlant{ oihcei lie
testified to the issuing OF tho certificate by the IN
spectoIs. The application for the inspection anu
tic inspection were made on the same DAY. Inc
certificate signed and sworn to Six days suDse-
BENJAMIN c. Kirk, superlntendent Of tho seawan-
haka described the position oi the cartlhcates on
fhe boat. Two cOplOs of them were placed IN one
largo fame and hung up IN the CABIN. A thud
copy was IN the Office OF the company: TIC boat
and the boilers were built in 1866 For the first
ak years after she was launche4, the boat ran
about SIX months each year, ana aiter that she ran
constantly for niue months IN cach year 1 no
sides and roof OF the re-roOm were not lncased IN
IRON On June 2S. when the disaster occurred, she
was fitted out N the same manner rs bhe was When
she was inspected IN March. she haa TWO Doats,
| Il .oft Iron
carrV about twenty-five persons. uo had never
aeon the fe-bOas IN the water except on ono ocoa-
sion about seven years ago. when the steamer vas
anchored in the stream. The liferboats were Duilt
at the time as the steamer Ihore was no IKE
raft on the vessel. . ,. ,4 -,
that belore tho disaster four additional boats had
been ordered By tho owners but they Lad not been
received The equpment Oh tho xesscI mts ~ pSl,
hoard and they were In good condition. lne IN,
sDrcfoIs had informed the officers OF the VeStei that
fbey must secure lfe-raft. Dir. Udall the presl-
dent OF the company, afterward saw the inspectors
and tho order tor the hle-iait was oouhtormahuou
by them m A.. ,,... ,,.or,.o, b,, tbo
ipsneetos TO the Seawanhaka without the life-raft
and without the four additional boats.
Edoar Weeks engineer OF the SeavanhaSa, said
that at Tho time OF the disaster he first heard loud
puH Almost Immediately no saw iiame coming
from under the grate bars Of the ro box ana lIom
around the furnace doors tio deScrIDeu the cAtch-
In ~ cross-examination he testified that he had
been engineer OF the boat ever since so Was D'itt,
and that the first leak IRON the boiler was on tho
dav of the disaster After the boiler had been IN use
for pine years fifteen OF the tubes were taken out
and were found 10 DO in good CROUCH condition TO
Le rcplaced lie examined the boilers frequently,
and always found them TO be in good condition.
| They were overhnuled every winter. He was not
| aware of any defect from age OF otherwise IN inc
Loilcrs lie had never seDi fire ceiling lineG
| with iron previous 70 tho disaster
| no Mr. Fiero-l had seem similar back Gratis on
tho Seawanhaka previous 10 tho disaster but they
| ,vere not SC bad as on that occasion. Ihe boat
| vas undcr way whom ths back drafts occurred
| The trial viii be continued to-day