The evening world., 1894-06-27
So Says Assistant o. s. DISTRICT
Attorney Mott at the
Official Inquiry.
NEARLY NINETY on BOARD,
Gross il Not Criminal Carslessness
Apparent from the Testimony
Of Witnesses.

All ihNSStlSdtioH W obtNit"iii
the causes which ed to the laundering
of the tug James d. Nicol near SCOT
land Lightship Sunday was begun be-
fore United States Inspectors of Steam
Vessels James Fairchild and Thomas
II. Barrett in room 1856 of the Federal
Building at 1870 o'clock this morning.
Assistant United States District
Attorney John o. Mott informed an
Evening World" reporter shortly
before the inquiry began, that ths
owner and captain of the Nicol
were in a delicate position. and might be
held liable for manslaughter II tho in
vestigat!on established that the tug had
been overloaded in violation Of law.
How many men did the Nicol have
on board?" asked Mr.. Mott.
Between seventyfive and eighty, 1t In
believed"
How many was she licensed to carryr'
"Forty-five"
IF that 10 true don't see why they
are not responsible and should not BE-
indicted. Their action, II complained OF
by tho United States Inspector Of Steam
Vessels or any other person. would prob
ably result in proceedings against them
by the District-Attorney.
II have not looked the matter up. and
don't know whether It Is a case for the
State or Federal prosecuting officers.
While the accident occurred on the high
seas which would make it a Unitod
States ofrense yet the overlooking took
place at the wharf, which might give
the State Jurisdiction"
The Federal authorities will probably
await the result of tina inspectors In
quiry before taking action.
The corridor leading to the inspectors
office was crowded at All early hour
with members of the crew and their
friends and survivors OF the wreck and
the acquaintances OF the missing ex-
cursionists. The room. in which the
inquiry was held. however was too small
to accommodate the crowd. and only
the witnesses under examination and
reporters were admitted.
Capt. Hyde's story.
Capt. John Hyde. Of the James d.
Nicol, WAS the first witness sworn. He
testified that he had a license as pilot
and captain. and had been In command
OF the tug since Dec. IL. 1893 Raymond
Kelly, deep sea pilot, was also on
board and In the pilot-houss a part OF
the time on the day Of the disaster.
1.-The license of the Nicol was dis
played in a prominent place on board.
where all persons could see IT," said
Hyde. I'VE were authorized to carry
forty passengers and our regular
crew.
Ibid you count the people as they
came on board? was asked.
II did not"
"D!d you know your vessel was over
loaded?"
II thought she was"
did you protest against It,"
Yes did, A great many people came
on board and said they were just going
to cross over to a vessel lying outside
OF us, but a number stayed on board
l objected. but 1t did no good
ibid you have any liquor on board?"
"Yes. believe from twelve to fifteen
cases OF beer were brought ON board by
the e1cursionists,"
WAS any one drunk on board?"
yes; most OF the excursionIsts wrro
somewhat under the influence of liquor"
How about the crew.
I'm quite positive that none OF the
crew took a drink They are not drink
ing men"
"Dld Kelly, who assisted you at the
wheel, have a license as deep sea
pilot?'
u understand he has"
Don't you know"
Il can't say. never saw his license"
Doesn't Know His Duty.
Isn't IT your duty. before surrender
ing the wheel at seu TO any one to
know that the person is a licensed
pilot"
Wen, 1T might be. thought he was
Capt Hyde also testified that he had
most OF the time When asked IL he did
not know that II was contrary to law
to have persons in the pilot house while
at sea, he said he did not.
The tug WAS In good condition, he paId
when he left New York and perfectly
seaworthy. He received no INSTRUCTIONS
as to the number OF peop,e he was 10
take ON board, having been told merely
that he was 10 take an excursion party
down the bay.
William Reeves, agent and manager
OF the Reeves Towing Company. testified
that the James ID. Nicol had been car
ryinE exclusion parties down the bay OF
and on for the past eight or nine years
and made between eight and ten such
trips a year.
Mr.. Reeves was excused until he could
CONTINUED ON TaiId Buo<