Evening journal., 1894-06-08
DAMAGES OR NODAMAGE
Chielinsky Case Now il the
Hands of the jury
ARGUMENT MADE THIS MORNING

The suicide of the father of Herman
Chlelinsky, plaintiff in the suit against
the Hopes and Townsend Company, pre-
vented Herman and his mother from &C.
cupying their accustomed places in the
court room to day when the case was re-
sumed The fact Of the suicide was
generally commented upon by the law
yers and Court House officials, but no
mention Of it was made In open court
Mr.. Spruance for the Defendant.
Mr. Spruance, Immediately after court
met, went to the jury for the defendant,
his time being limited to two hours and
ten minutes. He said in part:
Il have a right to believe aud do be
/ lieve that you are emphatically Of the
class Of men whom the law designs for
/ this purpose, who, under the language
of the law are Indifferent, impartial aud
/ iudicious men Indifferent in that you
ure not inclined TO either side; that you
are neutral and impartial, unbiased and
/ disinterested Judlcious, that you are
of sound dgment-rational, discreet
and Of sound mind. l have a right to
/ presume and do presume, from what
! know Of you personally, that you are i'm
I partial and iudicious.
my learned friend tells you to deal
with this case as IL the boy we're your
son. | say that you should not deal with
this case as il the boy we're your son.
know of but one instance where a man
I decided impartially where his child was
| considered. That was the case of the
! heroic Brutus, who sentenced his two
sons TO death for treason and witnessed
with his own eyes their execution.
Il am sorry for this boy, God knows
but there might have been worse things
happened to him. have known many
useful men go through life with one
arm. IL is not question whether we
are sorry for him Remember that that
is very cheap sympathy which is as
suaged by putting our hands In another
man pocket That sympathy which
costs MS nothing may be, and even IS,
commendable: but if we undertake to
assusge our sympathy by taking from
another that which we have no right to
take, and give to the afflicted, we are
robbers. / do not mean to say that IL IS
not often done Ii is too often done,
and, becsuse it ia, you are brought here
as judicous and impartial men.
81 do know this. that you aud I have
nothing TO do with the subject OF what
/
worth. The question which you are
called upon to try is, do these defendants
owe the plaintiff any money This you
are to determine. the plaintiff wants
$i2, OO0-s very large amount of money
a right nice little fortune ia some parts
of this state
"rhe plaintiff is guilty Of contribu-
tory negligence unless he exercised that
degree Of care and caution which might
be reasonably expected of one of that
age and experience. That boy was set
. to work in that room TO run machine
which was Of the simplest construction.
Don't make the line too hard for the
employer There are hundreds Of boys
IN this town of the age of this plaintiff
I II they don't end employment in manu-.
featuring establishments at running ma
cninery, they would starve. 1t would
cut off their bread Held the employer
, to that degree and care reasonable aid
I proper, but don't make the lines toe
hard. II you do they will employ men
instead Of boys.
"The plaintiff In this.case WAS injured
IA by a machine with which he had not a
right TO work When he was taken "a
. that nutting machine he had instruc
tions. He was told that II the belts
came off to send for Barrett or Wilson
3 | Ii that had been done be would not have
! been hurt. If he had done the duties
: assigned him he could not have beer
| hurt.
q Alluding TO Mr. Birds comment OIL
\ | Frederick Schiller being an Englishmsn
( Mr. Spruance said:
I'VE have fought Englishmen and w
a have whipped Englshmen. There may
/ H.. 1a4frr IfeNt mo
but It is pretty good stock after all.
expect that there is not a msn in tina
box who has not sprung from that stock
Where there are battles to be fought o.
IA enterprises to be carried through, wher
ever grit nerve and mind IL
4 needed in the worl's business
you find the Englishmsn Don
) brand the race from which yoI
e sprung; don't brand the people frou
IT whom we got our law; don't brand tn
D. people whose literature we read aud like
Fair play has always been the English
-. mans boast. It has not always beel
- done, but of all the people in all th
- world, except our own, know OF no peo
w Die to whom you can look for more fai
/, play and fair dealing than the Engls
-, people Schiller struck me as YER
=, honest, straight forward, thorough goin
n. fellow.
ce This boy, the plaintiff, would it b
too much to say, has in all probability
been coached, not TO reflect upon hi
counsel or sny body else. Do you suppos
that boy has been permitted TO come
In this stand and testify about that Sl2, 90
of without il having been gone over wit
le him. That boy hasn't had as good trainin
G. as yeu or Congressman Breckinridgt
d. When he left his catschism he was q
fault.
ed Mr.. Bird for the Plaintim
at 12t t2 o'clock Mr.. Spruauce's tin
= was up and he closed. Mr.. Bird, WI
was entitled to two hours and ten mil
utes in which to argue, agreed TO CT
this time down TO one hour aud aha
II If the jury would agree 10 sit until tbl
- time had elapsed, which would be l..
:. o'clock. After some hesitation the jul
- consented TO do this, aud Mr. Bird bega
,o' his impassioned and characteristic a,
10 dress in behalf of his youthful client, vi
+ hid by that time put in an appearance
,b Notwithstanding his fathers suicide