The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1894-06-04

The jury to try the damage case
OF benjamin Wells Va. the Wilmington
City Railway Company was drawn this
morning: John n. Hartman, John
Hamilton, W. II. Danzenbaker. John
Nevin. 4. d. J. Baldwin, Joseph Hon.
senger, John q. Mahoney, Charles Wal.
ton, J. L Reybolt!, George A. Cleaver.
Fred G. Sutton and William Naylor.
They were discharged until Thursday
when tho case will 10 taken up.
The case of Chielinslii VS.. the Hopes
and Townsend Company was then II .
euned by the calling OF Augustus N.
Southland by Mr.. Bird. BIr. Southland
is an engineer ut the City Min and had
some years experience In the employ
OF tho Government. He was called as
an expert and testified to the danger
oil revolving shaftlng nud the greater
danger OF II when a boy was allowed
to work near II and not being caution.
ed OF the risk while working near 1t.
A. V. Hysore was also called as an ex-
pert and gave eimlar testimony.
\ Charles Heinel testified that he con.
sidered revolving shafting dangerous.
Waiter Applegute. 10 years Of age.
was in the employ OF tho company ut
the time Chlelenski and Brown were
accustomed 10 getting up In the raft
crs to adjust the belts, but had never
gone there when the counter belt was
oil. Frederick Schiller was present on
one occasion when the witness was on
the girder, but lie did not caution him
of the danger. Wilson ilemsley had
also seen him there.
William Brown, colored, was raca led
by MIR. Bird. He said that when tho
belt running from tho countersliaft
came oil. 1t could only be adjusted by
standing on the machine. When the
muln belt came oil, 1t was necessary
to get up Oh the glrders. Herman
Chiellnski, the plalntlif, was recalled,
and testified along the same limo of
the previous witnesses.
Joseph O'Cunnell testified to being
once In the employ OF the company.
at which time he worked in the nut
ting rcom, where the plaintiff was en-
gagged. On one OCCASION lie saw n
belt off. and Mr.. Hopes. OF the com.
pany, present. On another occasion
he saw u belt of and Mr.. SCHUYLER pres
ent
Clarence Huntley testified no was
employed by the defendant company.
and in tho room where the plaintill
was Injured. This was about Il yeai
| before the accident and had seen the
! belt come oil.
Edward Crawford WINS In the EN- ploy
OF the company at the time Chlelenski
was present aud had seen William
Brown adjust the main trolley In the
presence OF the plaintiff.
MIs. Chielersd. the mother OF the
! plaintiff, said that her son was with
out any Income whatever. In reply
| to question from MIR SpruRnce, she
replied that her husband was an up
holstorer and steadily employed.
| 1t WAS then stated that the Huopos
| u Town send Company. through Ger
tain insurance company. insured its
employee, and, therefore made them
selves secure from any damage which
might grow out OF accidents to itE
employees. After the argument TIT
court ruled that such testimony would
be lnadplissable. MIR. Bird then clos
cd his case.
Chns. NJ. Curtis, who is assisting Mr.
Spruauce. opened the defendant com
pany's sidc OF the case.
He called to the stand Albert Marks
who Is employ cd ut the Philadelphia
house of hopes ~ Townsend Com
pany % a book.keepcr. lie had also
some knowledge o. drnughting ant
had prepared chart of the plant her,
which he explained TO the jurors. III
was on the stand when court ad
IournGd at O'Clock.