The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1908-02-13

New York, Feb 12.-The United States
Circuit Court OF Appeals, Judges Lecombe,
Coke and Ward sitting. affirmed to-day
the decision of the Circuit Court, holding
William Van Schaick, captain of the liz
fated excursion steamer General Slocum.
guilty of criminal negl Igence on the oc-
casion Of the burning Of the steamer in
the East River near Astoria on June %,
1904, when over 1000 lives were lost, most
ly women and children.
Capt. Van Schaiek was found guilty in
the Circuit Court on January =, 1906,
and the same day was sentenced TO ten
years IN Sing Sing. He was subsequent
~ released on $4,000 bail, pending the
appeal TO the higher court.
The opinion just handed down is written
by Judge Coke. He takes in turn the
various items OF defense interposed by the
defendants counsel and finds him guilty
Of failure 10 make use Of whatever safe
guards 10 life were available and to per-
form the duties prescribed by law. Dis
cipl.ne says the court, was defective;
life-preservers were useless. and emphasis
is given to tie fact that the officers and
crew were all saved, while the loo
women and children persisted.
Government Charges.
The government. says the court, had
three propositions 10 prove: First. that
the defendant was captain Of the Slocum;
second. that ne vas guilty of misconduct.
negligence, and inattention 10 his duties.
and third, that by reason OF the miscon-
duct and negligence. human life was lost.
Intent. declares the opinion. is not an
element of the offense. malice need not
be proved, and j, IS unnecessary 10 show
that the acts or omissions causing loss
OF life were willful or intentional.
The fact that the government inspec-
tors had issued a certificate that the
I boat vas fit for service for a year from
/ MAY g. 1a04 is not relevant. and that the
/ fact remains that nothing was done 10
I prevent the spread OF the flames or in
/ any way 10 mitigate the disaster while
che burning boat was being run 20 North
Brother Island to be beached. The state
ment Of the defense that the crew was
made Up Of raw material and being con-
stantly changed is net tenable, because.
Z Sn1 = tH- fuHlt. II htLiN bF 10 CuuGiiUii
/ the theory that the more ignorant the
crew. the less need there was to instruct
| them.
Judge FINDS No Error.
Judge Coke concludes:
To pass 8pcu the questions discussed would extend
this opinion legond al reasonable length. Il IS su
Gent 10 sag THAT re have examined al the e1cep-
lions argued and en- hnd no reversible error The
charge vas clear and impartial and the TeTdict o;
tie jury vas fully justified By the pEoof- Tie ex-
Cises advanced 0u Bchaf q the defendant, and 81
ably presented RI counsel If sustained b. this e5T
vil place premium upsn miscUndHct and neglecl a
4 dutv. Owners and masters q vessels. who daily
have the Ives q thousands q helpless human being
( 60 tteir Eeepiug should DC held to the sIiCssr A.
c1un-Bby. and he required 20 exercise the highes
I degree = skill and care. In this WAY alone car
human life be safeularjed and such appalling dsss
cTs as that which bcfeu the General SloCUm b e.
I tectually TTeveuted.
! Capt. Van Setback IS over seventy. years
/ old, and married recently. He must now
serve the sentence imposed upon him. M
/ less the sentence is C0mmuJed or q writ
/ Of CeTtoTaTi is obtained from the Supreme
/ Court at Washington.