Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1888-05-23
OOURT PRouEKpINus.
rae Case of John W. Foster vs.. Lea
Pusey to Recover Damage still ON
Trial.

Ifthl.
Court resumed at 8 O'clock yesterday
afternoon with ell the judges present.
Immediately after the opening TIE case
OF Foster vs.L Liza Pusey was sgain taken
up, and William Ainsworth, who was
on the stand when the noon recees was
taken, was recalled.
He testified that be had heard Charles
Harp warn the plsintlf TO be careful
about the machine, as be would be
likely 10 have his hand caught II he Was
careless. He met Foster on the street
one day after the accident, and re-
marked to him that 1t WAS his own fault
that his hand was hurt, and be replied
that was all right. but 1t was probable
Mr.. Pusey would have TO pay for It.
Ca oross.examiBation, Mr.. Bird asked
the witness IL he had ever talked with
anyone about this case previous to the
trial, and he replied he had no:.
"Do understand yeu to say that
) ou have never talked with any hu'
mau being about this case?"
N have not"
"Did you not so to Mr.. BrAdford's
cffice and talk with him about 1t on
several ocoasionG?"
az believe did," 4
"Well. ain't he n human beipg2"
This caused . burst OF laughter, In
which even the Court Joined.
Mr. Bird followed this by asking the
witness II he has evsr talked with Mr..
Pusey about this case, and upon reply
ing that he had not said:
Il could let you 90 on that, but l
won't do it."
In answer to other questions the wit.
roes said that he hxeo the guide In 81.
teen minutes after Mr.. Foster WAS hurt.
and was told 70 do 90 by Mr.. Pusey.
He came to the witness In the mAohine
shop, and told him to 60 mp and fix the
guide.
he saw the guide while 1t WAS bro.
ken, and the men would have TO use .
broom stick to push the belt Of, bat he
could not recoileot Of having seen them
( use q broom snok more than once. The
cylinder that eau. ht Fosters hand had
AoouJ y thousand teeth in IL an inch
long, and made thousand revolutions
n minute, bat the witness seemed u
think that It would not do more thar
, punch . mans fingers IL they were
caught In it while running. He said
that he had never talked about thii
suit TO any one except Mr.. Brad ford.
; William NJ. WAlfEven testified thai
he is not row employed by Mr. Pusey
and has no interest in this case. He had
; however, worked for Mr.. Pussy fol
: eight or nine yeAIs, and had worked OF
! the same machine that injured Foster
When Foster came 10 work at the mil
D Mr.. Pusey told tho witness to show hin
l how TO work the msohine and instruo
l him in reference to H., which he did.
Y There was q door At the side OF tn
$ paAohise underneath the screen, VT or
e the operator could put hls hand In sn(
remove any clogs without danger o
having 1t caught In the cylinder. Tn
witness had frequently cleaned 1t II
this way when he worked It He spen
q four or hve days in insttuoting Boste
d how TO ron the machine, but befor
d leaving him 10 work 1t himself askei
= him II he thought be fully understco
If it and could run IL. The tendency G
n the belt was to work from abe tigh
u pulley on TO the loose one. He did nc
p consider the machine dangerous ia
h any oGe to work on who had goo
= w Whila hu was learning the plaintiff b
t. told him never 70 put his fingers nea
,e the n scblue when 1t WAS running, an
tb ct II anything got the matter with 4
le 10 stop 1t aud clean IL out. He ais
l. told him that II he was bothered wit
u IL Mt any time or anything Was broker
a to report II to him or Mr.. Ainsworth.
" He taid that Charles Harp, ST., cor
ID tihued TO work at The mill for som
ft time after the accident oocusred. o
<. tde afternoon that The accident cccurre
c. hs heard the plAintlh nsy: "I'll 60 1
W and give that machine hell from no'
l. until quitting time" This was o shol
10 time before the accident happened. II
is hoard him say after the accident: 81
O. wRa my own fault 1t is done, and
20 eAunot he helped" One day FostI
in came In the mill and showed the wi
ness how hs caught hio hand, but di
lr not say whether tho machine WAS rui
a ming or not.
IS. On oross-sxaminRtion he said that l
had never tslsed to Mr.. Pusey Abol
this suit until last "Wednesday; he hs
never been In Mr.. BrAdford's Office
of tAlk about this suit until It was brouRl
In into court, and said that this ABaertiC
al wns As true As anything else he hS
,Ie said about the cAss. He had not BET
en- promised any reward for teetifying
no this caso, and did not expect to reoei'
ug any tling II Mr.. Pussy gained the sul
~ He did not know when the guide VI
broken, and of bis own knowledge d
not know that II wAa broken at hll.
had never used broomstick to pul
cl the belt eff except on one occasion, b
sv bad 9, en- young Harp do 1t, After d
~ accident he run the machine himse
"" and the guide wss off for two or thr
days. MT. Ainsworth did not fix 81
- guido until two or three days alter FC
= ter was hurt.
u Levi Berry was sworn, and tessifi
that he was employed by Mr.. Pus'
and worked on this machine after Ft
ter was hurt He worked the Arst woi
on trial, for nothing, but drew wAg
the next week. When hs had workt
on 1t two weeks he got his finger caugt
, ard he then quit. The machine &
ologRed up, and they were hurTyii
him with the work so he got exciti
and got his GpRer In the feed rolls. I
It. did not sue Mr.. Pusey, as he did n
m consider 1t his fault or the fault Of q
" machine. Mr.. WalrAven learned hi
ID, how to work the machine, and told hi
TO he careful.
On orose-e animation he said il vi
. his own iault that he got hurt with I
ID machine. He went back to work
Mr.. Pueey, but after he had worked 8
m weeks he got on q spree and was d
~ charged.
AionIe Richards testified he lives
in thiA oity and is o dIaughtsmaR.
N made the sketch OF the machine q
htbited In this case. IL WAS drRH
} elrictly In sooordAnee with the measu
! ments OF the machine, and made
order Of Mr., Pusey.
Atb 50 O'Clock Court adjourned un
10 o'clock this morning.
IA -
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