Evening journal., 1888-05-23
TIE nAnAcR cAsE.
wore Evidence on the wadding 7ka-
cnfncss condition.

Walreven was sworn. he testified
that be did not work for NJ. Pusey az this
time. He worked for Jackson and Sdsrp.
by the 3isgram Of ths wedding machine,
he told how the screen could be stofpsd
without stoppiog the toothed cylinder and
any Jumps on 1t removed through a small
door at the bottom sof the machine. WIZ
nsss instructed the plaintiff four or Eve 4
<iays, ia the running OF the mschiae, the
plaintiff being with him all tho time, at
sac end Of which time he told the witness
be thought be could run the machine and !
seemed competent to do 50. The tendency
of the belt was from the tight TO the locsc
pulley. aud il would 80 work he thought
there vss nothing dangerous ia the ma
chine to q man Of common sense. who kept /,
his eyes open. Witness hsd warned plain- /
Siff Reains. careiessness ss several times. Had |
told him to be carefal where he put his
hands. Had seen the left hand guide worn
bv the bslt. Plsiutf had told witness on
ths street; 1T is my fault; II is dore, and Il
aar't bs helpsd." No other person was
present when this was said. Some time
after the accident plaintiff came into the
min and witness said "Hello there, ! sec
you've done it," to which plaintiff replied,
ayes, it's done and it can't be helped" AS
long as witness was teaching Foster how to
run the machine tho guides wero on. The
1efs hsnd guide was necessary in order to
START the machine. Witness then toll Low
the machine could be clorged.
On being cross-examiued by Mr.. Bird,
xvitnoss sold he never talked 10 Mr.. Pusay
or any one else about the suit before last
Wednesday. He did not expect to resp
-aoything from the suit in any way. shape
or form. The guide was on the
machine when he taught Foster be did not
know when IL got broken. He never used
broomstick to take tho belt on. Mr..
Bird esked: what did Harp want OF
broom il the guide was not OFF, Witness
did not know. lie ran tho machine two
days after Foster was hurt and used a
Broom then. The guide was not put on
the afternoon OF the day Foster wss hurt.
It was on for two days. He used a broom
stick during that time to shift the belt. Ro
had eeen Foster unchoke the machine
doxsns Of times. It was liable 70 be clogged
up any minute. II not kept clean. Every
time it cloRaed It was TO be stopped and
cleaned out The defects In tho screen
added to shs clogglug Ga redirect exam
snation be said IL proper attention was not
given, any machine Of the kind would clog
Levi Berry was this next witness called
Mr.. Vandegrifl questioned him Witness
said he was the next man TO John Foster
60 run the machine He ran it one week
on trial for nothing. The second week he
got wages. Then he got hurt On the feed
rollers. In telling how he got hurt he said
the cotton was damp aud be got behind 10
his work The others worried him and he
got excited. Ia trying 10 fix tie rolera he
got nipped. The guides were on all the
time he worked. It took Walravsn abont
five days TO teach him 70 rnn tho machine.
Be was told not to put his hand ia It. It
was a dirty job
On bcing cross-exemined ho raid bis in
jury was his own fault; II wss caused by
hurryipg. The second time be worked for
Mr.. Pusey he worked six weeks; then he
got on a spree and was discharged Tho
bolt guide would move from the j,lt of the
machine. When It would begin 10 slack
he would drive In the chock against the
rock shaft.
The defence now called Archie Richards,
a drsughtsmau FOR jackson and Sharp,
who testified that he made the draught OF
the machine used Ia the evidence That It
was an exact drawing OF the machine Ia
tue parts relative to tho case. The measure
znents were from the machine and repre-
scented the full ais.
After Mr.. Richards stepped down. coun-
sol for tha defendant moved that court ad
journ until this morning. They desired to
briug out new testimony by q witness who
could not be present until this morning.
Mr.. Bird was ready 10 20 on with bis reply,
but acceded counsel's request. Court then
adjourned until 10 o'clock this morning.
Court reconveaei this morning at 10
O'clock. Tie trial Of George Graham for
the murder Of Gottlieb Koe Ter, was again
postponed TO day to be decided on, on
account OF the pending civil trial. The
special jury to try the damage case against
the Wilmington and Northern Railroad
Company has been summoned to appear
On Monday next.
The case OF John W. Foster VS.. Lea
Pusey wss then resumed. The defend nts
rested their casc and Mr. Bird called Ed
ward Simmons to contradict the testimony
OF Messrs. Pusey, Ainsworth end " al
raven. Counsel bad slight tiT in regsi d
90 the production Of such evidence. The
court sustained Mr.. Bird, however. and the
deferce noted an exception
Simmons testified that be worked on tho
machine 10 question six months. Mr.. Bird
explained the diagrams Of the machine to
the witness, who said that the guide by
which the belt was thrown from the tizht
TO tho loose pulley was broken while be
.Tas there. Mr. Bird asked how oftsu was
-the guide broken. Mr. Bradford objected
20 this queasion, but Mr. Bird argued that
the evidence was to discredit testimony Of
Ainswosih. who testified that the guide
was broten but twics.
Ainsworth repaired it. when the guide
was brokon the lever was showed back end
then brcom used 60 push the bsls or.
The belt had gone from slack to tizht pui.
icy oace or twice while be worked az the
machine, nearly cstching bis floger. Could
not see cylinder belt without turning hi.
head, when his hand was in tho machine
Mr.. Bradford insisted on few question:
regardiog the position OF tie belt. wit
ness in reply to Mr.. Bradford's questions
said that be had seen belt work from hlacl
60 tight pulley. ami same lever wos OF
az the time OF Fosters iojury. Worked oI
the mschine six months before Foster was
injured.
John Glvison was next called. He'd
worked at the machine Foster was iDjurs,
A