The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1893-02-16
FIFTH EDITION.!



A Suit for Damages. ,.s..-.
This mornings session OF court CON.
yened at 10 O'Clock, with Chief Justice
Robinson and Associate Judge Cullen,
OH the bench. When the names OF the
special jurors were called, 1t was found
that six were absent, and the Chief
Justice said that he had received let
tiers from three. stating that they were
unable to attend by reason OF sickness
one was reported uon est. but no ex-
cuse was offered for tho other two.
On motion of II. III. Ward, judg-
ment was ordered in the case OF PrIt-
chett, vs.. Hawkins.
jury was drawn from tho special
panel to try the case of Lewis u,
Adams, VS.. Francis L. Clymer. The
plaintiff Is represented by Austin Har-
| rington, and the defendant by u. q,
Bradford, and l.. O. Vandegrift.
This is an action to recover o., 600
damages, for injuries sustained by tho
plaintiff whilo in the employ of the do
iendant, September. I, 1885. In June
1885. the plaintiff, who was then about
| 10 years of age, was engaged to work
for the defendant by Jacob T.. Clymer,
who was Mt the time foreman Of the
factory. At the time. he was asked IL
he could fix the knives in the planer,
and replied that no could not. He was
finally engaged and went to work the
| hphb hAohNtl ~ gu u WSGhs
He was put to work on the planer.
but after he had been engaged short
time WAS informed by tho foreman
that as he did not do the work fast
enough, he could not give him more
than $500 week. Az the plaintiff
did not wish to be without work. he
accepted the reduction, and continued
at work. During the ensuing two
months and half Mr.. Clymer FREE
quently complained that he was not
doing enough work and showed him
different way of doing 1t, which would
enable him to do it faster, but was ex-
tremely dangerous. The worry morn
Ing tho accident occurred, MIR. Clymer
again told him to use the machine as
he had ordered him and in two hours
afterward his hand was caught in the
knives.
Lewis G, Adams testified that he was
| employed by the defendant from June,
1855, until September 4, OF that year,
when he was hurt. He had previously
been employed as boy at Briers saw
mill, but never had any experience In
running machinery. lie was about
| 10 years OF age when he went to work
/ at Clymer's, and told the foreman
Jacob L. Clymer. that he did not
know anything about running or fix
ing maclAnory. When he went to tho
shop Oh Monday morning the fore.
man put him at work OH the pony
planCr. lie fed the pieces OF work in,
to tho machine and they fell out on
tho other side.
Mr.. Clymer said he did not do tho
work fast enough and showed linn
how to reach over and catch the strips
In his hand. When lie had been at
work about week the foreman came
to him and said thut MIR. Francis L.
! Clymer did not think no WAS compe.
tent TO do the work and that they
could not afford to pay him more than
| So. SO q week. ie wHs Obliged to con-
tinue work at the reduced wages,as no
was the only one OF his family who
was employed. The morning no was
hunt Mr.. Clymer told him that the men
| up stairs were waiting on him for
work, and he hurried all he could,
using the machine In the manner that
| Mr.. Clymer had showed him, and In
less than two hours his hand was
caught In tho knives, which were re.
volv NJ at the rate OF 3ic0 to 49, o revo.
lutlons minute. cutting of nearly
all the fingers
When his hand was caught 1t threw
the belt off, but his hand WAS In the
machine twenty minutes, until it
could be taken apart Mr.. Clymer
took MIN home In a carriage, and told
him not to worry. as everything would
be all right. but he never did anything
Tor him. The witness was confined TO
The house six weeks, but Mr.. Clymer
never called upon him during the en-.
tire time. He was attended by DR.,
bravo, who operated on his hand.
He could not work at Clymer's when
he recoyorei, and secured employment
at Hight JOB OF laborina work at Edge
Moor, at 81 10 day, but was obliged
TO give 1t up. lilo has but very little
Use of his hand, and Is ineapacitaled
from earning living ut anything.
On oss.UNam nation by Mr., Brad
ford, he denied that he was looking out
Of Tie window ut some girls when his
tIand was caught, but admitted that
on several occasions he had been
warned by Nj. Burton TO be careful
or he would be caught Ia the knives.
model OF the machito was intro
duced by Mr.. Bradford whom the wit
ness explained to tho jury how 1t was
operated. and how his hand eame to
be caught in tho kniGos.
when MIR. Clymsr told him that
everything would be all right he I'M
defstood him To mean that his doctors
bill would be paid, ana that he would
hive work when lie recovered. lie de-.
MED that no had told Jacob /. Clymer,
when he applied for work. that he I'M
defstOod ali about running plAnpr.
After redirect examination by MIR.
Harrington, the witness was allowed
to leave tho stand.
Francis L. Jackson was sworn, and
testified that lie is now employed by
Simmons n Bro. as foreman in tho
sash department.
lie had been employed by Mr.. Brier
at the same time Adams worked there
rs boy. The witness had charge of
the shop, but he mover allowed the
plaintitf to work on planer. The
way that Adams testified he was
Instructed to run the planer at CIV
mer's was very dangerous, and no
would not permit any one to run
pianer in that III 4nHer. Ths average
wages Tor man to work on one of
those machines was about SO a week..
On cross'exI mlnntion by Mr. Brad
ford. tho witness sail that men work.
ing Oh these machines frequently be.
GaLnO careless.
William j. Hune. testified that he is
foreman In the works OF the jack
SON and Sharp Company, and has been
for IL years, He has two planners rum
ming ut present. and I'D not think any
one except a man of skill and expert
en1e should be allowed to huye any,
thing TO do with ono or these planners,
as they are very dangerous machines.
lie would not on any account permit
a boy OF 10 years OF age to operate ona
OF these machines, neither would he
allow any one TO Roach over 1t.
On ross,eXamination, tho witness
explained how IL was possible for u
mans hand TO DO drawn in the knives
by the suction, generated by the speed,
Willard salisbury for the defend
ant asked leave to withdraw his pleas
in the case OF Hirtzels administrator
ys; the Wilmington City Hallway Com
prny and enter demurrer. This was
objected to by Hon. Charles u. Lore,
and argument on the motion will be
heard tomorrow morning.
The calling of the trinl list will he
resumed on Saturday instead OF to-
morrow morning.
All the special jurors, except those
on the present case. were discharged
from further attendance. and the gen.
erdl jurors were discharged until this
After ono O'Clock court
took recess until the same time.
Unsolicited
TIC following Testimonials came TO usi
Kenyon " Thom;'s Co., adams, N. Y,
the past two years | have
suffered terribly with what dpptora call