The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-01-20


gotten their Names but being pressed, he re-
membercd that Mr.. Simmer told him that Prof.
Won Blombcrg was not NJ for the place.
Councillor DcXow took Prof. Tuelt In hand.
You was an applicant for Prof. Won Blomhergs
POSITION before he accepted 1t, were you not2"
"Y,il, l didn't took IL. because didn't feel
well" Prof. Tuelf replied.
Yes" said the ornate counsellor; but you
were cmplOved bv Mr.. Allen In the capacity of
monial aud aiterward elevated to the towel
department. we're y9u,
have n rarc know noting about to- towel de-
pnrumrnt was4 not there, tho Professor
answered with Understandable indignation. and
tho room rang with laughter.
- Now. sir" continued the august counsellor,
understood you to sny that Prof Won Blom.
berg WIS not a good swimmer. Tuelf noddell
hard's Natatorium at Newport ?"
Veil answered the Professor, stroking his
moustarhc, never wass In Newport by dot
Natlorcm."
Very well. air." said tho counsellor. you
know its reputation IL you are an expert. Now.
ployrd at Gehhard's Natatorium ut Newport
mmH he not have been good swimmer /"
Here Mr.. InVicn objected. and legal whirl-
pool followed, Tho Judge was caught in tho
current, and camo near being swalnped. but
finally found precedent, and ruled out tho
Your Honor win allow us tho benefit OF an
exception ?" asked Counsellor L"xow
On, certainly replied tho Judge; that is
your right"
The witness was dismissed and Counsellor
icrrcd him To the jury. " Gentlemen" he
said. represent q charitable institution and
can cam have hut rS"dH a Of rem the ndb@E f2n
sonancc with the 'E Litter Of Tho law " '''' 'O"-
The Jury refused to tako rercss, and the
prosecution .aRain placed Prot Won Blomberg
on tho stand. He was asked TO describe the
skmming process spoken Of by the old man
Woo skcem ufr to surface Of te vasser vld n
not he said. " To surface un TO vasser ccs
n
hacks or Ia swimmers. Ohut hcf 70 watch over
lie octh 50 ass to clean e. surface or dot oil. IT
tc Wind unit t. tide is wrong. dot oil mass ces
mn me So long ~ possible l he'll to ccan to
Prof. Won Blombcrg svorc most positively he
never was intoxicated while In Mr. Aliens Cm
plpy. He took "A little lager beer every day. but
that was for sickness. Tho examination WAS
continued as follows:
Counsellor Lexnw-pid Won ~ did YOU not ever have
conversation cythcr with Mr. rucfo any other per.on
asI i wen me-. 9a' ur"n tae s,ts in.taH
ani without cseciM reference TO the consequences to
This was n poser. The Judge scratched his
head. and the jurors fell over backward. Levien
looked MS though he had been struck with
sand club, hut finally recovered and feehly
Court did please and the Evarts-like question
was ruled out Tho examination was con-
tlnucd:
Counsellor IeNow-row long can you keep above
rrof Won Bombcrs-N0rc ess several hours my
counsellor Lcxow-what can YOU do professionally as
Prot Won B,ombcrs-yeg can ,hvm IN tie front
a pau-cl Ven kucss tot is ahonci all can do start
Cra..e,smin,d hy ,ir Ieyicn-Bc YOU know young
man nam,d ilruncy. nn9 don't ygn remember mat he
lite when 90 was drowning because you couin swim
W. n.n hInicf. .cogfin- y =, ~ .. 49,. $500. ..,
dil he not come out and .,,c ,ouf
NJ LeSi'a~U@nt he rov dot ami YOU take hold Of
tir guuwnic~ OF tlir boat and save yoursel'
w. I'll 10 N HIfI Hal tUa MOI
swegm bsek hy nys't and catch holt te beth Sc YOU
Mr.. Lovien partly suhstnntiated his questions
10y other witnesses He was about TO re- 'all Old
man Allen but the jury tested 50 strenu lus-
In ten minute speeches I'vien called Allen a
man 81 pronity and property. and said that IL
would be ridiculous for him to hire a man by
the season when the city was full OF swimming
| teachers. No business man like Allen would
| enter into a contract with wnif. man whom
nobody knows. and who has no standing in the
community when he could mex up winning
| master anywhere on the street. The idcn was
| prcposirrous. Tue Jury was too Intelligent T.
| the case with them.
Mr.. Lexow scored young Allen for asserting
| TINT Prot Won Blomherg drank out ~ a bottle.
| Nv appreciation 81 that young man (shaking
| his finger IN his facel 80 Is that he would never
have thrown tho bottle into the river unless i
| WAS empty Gent. men OF the Jury. he roared
arc You going 20 believe this Fictitious tissue
| Of falsohoods - H. then argued the question
| - damages. and closed by calling tho juYmcn
| digniil'l American citizens, with a proper re-
| gard for the deo"ncics ~ society
! The Judge charged the Jury that thore was "a
! serious question ~ law involved. II was a
! question of fact. Was The complainant I'm
| Ioyed hv the season. n 80. aud his conduit
! wa- ~ cd he ought o. recover. II he Wa~ not
| employed hy the season, he ought not 70 re-
| cover. II he was employed by tho season. anl
| his conduct WIS bad. ho ought not TO recover
! All this WAS Tor the Jury 10 determine.
Ih" jury w"rs uut thirty minutes. They r..
inrn,d 9y'rdict i9r sil.t'. hnd We're discharged
! lh" Judge ana LAWYERS spent an hour ana 0
! hlli m iEurlns ~ how tAr jury assessed tut