The sun., 1908-02-13
JAIL FOR SLOCUM'S CAPTAIN
VAN SCHAICK'S 10 YEAR SEN
TENCE UPHELD ON APPEAL.
sss iS the Criminal Laws O0iy viSsa= N
the Case IN which Nearly \ 200 ExCur.
SIOnlsts Perlahed-Is Past 10 Years SS
Age-AIarrIed just After HIs sontenOe.


SiOnists Perished-Is Past 10 Years OG
AGe-MarrIed just After EIs seatanOe.
. The United States Circuit Court Of Ap-
peals, Judges Laeombe, Coke and Ward
sitting, affirmed yesterday the dScision
Of the Circuit Court holding William IT.
Van Schaiok, captain OF the excursion
steamer General slOcun, guilty of criminal
negligence on the occasion Of the burn
ing OF the steamer In the East River
on June IS, 1904, when nearly 1000 lives
were lost Capt. Van SohaIck was found
guilty in the Circuit Court on January ~,
1909, and the same day was sentenced to
ten years in Sing Sing. He was subse-
quenJly released on $4,000 bail pending
the appeal
The opinion just handed down is written
by Judge Coke. He takes In turn the various
items Of defence interposed by the de-
fsndants counsel and finds him guilty Of
failure to make use OF whatever safeguards
to life we're available and to perform the
duties prescribed by law. Discipline, says
the court. was detective; life preservers
were useless, and emphasis il given to the
fact that the officers and crew were saved
while the women and children perishPd.
The Government, says the court had
three propositions to prove: First, that tho
defendant was captain OF the Slocum;
secondly, that he was guilty OF misconduct,
negligence and inattention to his duties,
and third, that by reason q the miscon-
duct, negligence and inattention human
life was lost. Intent, declares the opinion,
is not an element Of the offence, malice
need not be proved, and II is unnecessary
TO show that the acts or omissions causing
loss Of life were wilful or intentional. The
fact that the Government inspectors had
issued a certificate that tho boat was fit for
service for a year from May g, 1904, is not
relevant. Nothing was done TO prevent
the spread Of the flames or in any way TO
mitigate the disaster while the burning
boat was being run to North Brother Island
to DO beached. The defence that the crew
was made up OF raw material and being
constantly changed Is not tena6le, because
to hold II a defence would be to sanction
the theory that the more ignorant the crew
the less need there was to instruct them.
Judge Coke concludes:
40 pass upon all the questions discuseed
woulaoxtend this opinion beyond all reasoA-
able length. 1t is sufficient to say that We
have examined all the exceptions argued
and can find no reversible error. The charge
was clear and impartial. and the verdict
Of the jury was fully justified by the proof.
The excuses advanced on behalf Of the
defendant and sohbly presented by counsel,
il sustained by this court, will put premium
upon misconduct and neglect Of duty.
Owners and masters Of vessels who daily
have the lives OF thousands of helpless
human beings in their keeping should bs
held to the strictest accountability and
be required to exercise the highest degree
Of skill and care. In this way alone can
human life 10 safeguarded and such ap
calling disasters as that which Lsfell the
General Slocum be efiectually prevented.
Capt. Van Schaick. who ia past 20 years.
must now serve tho sentence imposed
upOn him. unless it is cOmmuted or a writ
Of certiorari is obtained from the United
States Supreme Court. He was married a
month after his sentence to Grace Mary
Spratt, superintendent Of nurses at the
Lebanon Hospital in The Bronx. whore he
was III for weeks after the Slocum was
burned. He had known tho young woman
for many years. They went to live on ths
Van Schaick farm. rear Amsterdam, n. Y.
Capt. Van Schaick. who was the only one
concerned in the disaster to lose his license,
has had to support himself in various ways
since. For time he sold life preservers
Capt. Van Sohaick Is the only man to
suffer Imprisonment for the disaster.