Evening journal., 1888-05-22
rnas moRNIne,s couRr.
interesting Testimony in the Foster
vs.. Punev Case.

AhtefesaRNe e iheHAmony IA the FOSTER
vs.. Pusey Case.
The Superior Court reconvened this
morriog at 10 o'clock. Chief Justtcs Com
egys and associabed judges, Houston and
Payntsr. on toe bench. Mr.. Vandegrift
withdrew his motion for non.suit ia the
case OF Foster vs. Pusey. and agreed to
present tho same point in the shape OF in
attractions and then opened the
argument for the defense. Toe
arst witness called was Florence
S. Pusey, daughter OF the defendant, Who
testified thai 81 assisted him in the Office
She hal heard Chas Harp. Jr, say that
plaintiff was hlsrs through his own care
lessness, that ne tHarR had often cautioned
him to I've careful. Witness called often at
plaintiffs after he had been injured and
took him dslioacies. Lea Pusey, the de-
fendsnt. wns next called. He testified
that he had been engaged in
ths manufacture OF waddlng for over 30
years. The plaintig came to him for en-
ploymcns recommended by two relatives.
When paS to work he was shown how TO
operate the machine and cautioned against
cutting his dngers The witness described
the machine hy the diagram telling how il
opsrated the shoddy. The tendency Of the
belt wes from tha tight to the slack pulley.
II guide was oG the belt Invariably worked
90 the slack pulley. The lefr hand guide.
the one which kept the belt from tho loose
pulley. was nearly worn of. There used
10 be a pin IA the bar that held the guides
to keep The same from working to the loose
pulley by the sction OF the belt. He
then described the safeguards by the means
OF friction and dead points OF the guides.
There was no danger connected With the
screw. Tho cloggiug OF the machine was
often caused by careless feeding. Then the
machine would have 20 be stopped and the
stun taken ont The belt would work f.
self fron the tight to the slack pulley 10
FROM one-helf minute 20 ono minute
when not restrained by theleft hand guide
There wos nc danger in using a broom
handle. which was done when In haste
PleintiT never complained of any danger
in the machine, neither did Chas Harp, Jr.
No complaint was ever made by any one OF
danger connected with the machine he
never told ony one 70 keep machine
running at all hazards. In
about four years seven or eight
different persons had run the machine, and
only enc hurt He bad bis finger nipped
through bis own carelessness He had no
knowledge OF The guides being out Of order
at the time the plaintiff was hurt. Mr..
Bird now took the witness stand and
brought out that two persons other than
those Incntioued had worked a few
time Foster was hurt. even il the guide
was or. The guiie was to stop the ma
chine quickly II the belt had tendency
TO work on the tight pulley. the guide
wosld NOT stop it. He stated that be knew
the feed rollers 20 be ont OF order while
Foster worried at the machine.
In this particular machine, It would have
made no difference II the guids had been
broken, as the tendency OF the belt was
from tina tight to the loose pulley. On the
redirect examination, Mr. Pusey said that
the work on the mschine was q dusty, dusty
job, ard nor liked by any who tried It.
The rnovemcns of the belt was q peculiar
fty Of tho nlachine.
William Ainssorth wss next sworn. He
had worked for Mr. Pussy since April 's4
as a machsniss Hsd worked amongst ms
chinery since be was IA years OF age, is
now 81. His work AZ Pussy's mill. was 70
keep the machinery in order, and lock after
the hands eround the place. He was very
familiar with rhe shoddy machine.
The tendency Of the belt was from the
tight TO the loose pulley, a uniform ten
dency. Did not remember the guide being
or when piaiBtiR worked at the machine,
but found il broken after the accident.
The betting wore the left hsnd guide and
sometimes q joint struck It and broke it.
Undue haste IN throwing or the machine
was liable to break them. The guide had
been broken twice Ia about three years.
II wss not pnesibls for q man TO put his
hand in tha mlchine 10 his shoulder and
start the machine by the rock shaft. Plain
elf never complained 70 him OF the right
hand guide being broken. Never said be
would fix il as soon as he had time, because
he did not know it was broken. Pending
this testimony. court adjourned until 8
o'clock.
See Fiye Oclocs Edition.