Evening journal., 1894-06-04
CHIELINSKY CASE AGAIN,
Jury Struck to Try the Mills
Suit Against the w. c. R.
UNUSUAL PROCEEDINGS TODAY

Retire. the Doors Being CLOSED After
Thom so That Nothing Could 10
Overheard Lawyers BIRD and spruance
Again Gross Swords.
The jury which will try She damage
suit OF Benjamin Mills VS. the Whining.
ton City Railway Company was drawn in
the Superior Court this morning.
William \. Hilles represented Mills and
Willard Salisbury the company. The
names Of the chosen twelve are: Joseph
II. Hossinger, George A. Cleaver, John
. Mahoney, William Nailor, J Frank
Reybold, Charles Walton, Thomas l. j.
Baldwin, John Neyin, Frederick q. Sut-
ton, John Hamilton. John r. Hartman
and William H. Danzenbaker
Mr. Hilles challenged John w. Hop.
kins aud George w. w. Naudain, and
then waived his challenge Mr.. Sauls-
bury challenged Postmaster Daniel f.
Stewart and Thomas Hurn. and said he
would waive all tights to challenge. Mr..
Hilles then wanted TO renew hts chal-
lenges. but the court would not permit
10, saying ho had waived his right.
The court discharged the jury until
Thursday morning.
Levi O. Bird. representing Mrs. Wier,
said that he understood that commits
sion had been asked for TO condemn
property OF hers along the route Of the
Gordon Heights railway. He said that
he desired to be heard before the com.
mission was appointed. The court told
him that It should be as he desired
The hearing Of the case OF Herman
Chielnsky, who sues the Hopes and
Townsend Company for 900, 600 for the
| lolq IN an arm uVou rnaurnaI
Augustus H. Southland was called as
an expert In answer TO questioning by
Mr.. Bird he said that he learned the
trade OF machinlst with the Pusey aud
Jones Company, served nine years in the
navy, and at present Is engineer Of the
city mills. In his opinion shafting in
motion is dangerous.
Mr.. Bird-"Are the dangers connected
with the shafting obvious or are there
latent dangers involving certain de-
gree Of dangerT'
Mr.. Spruance objected, on the ground
that It was Psychological In character.
Ia reply to this Mr. Bird said that
Southland had been called as an expert
and in his opinion the testimony was
competent.
The court ruled that II was matter
for the jury to take for what 1t was
worth.
In answer to the question already
propounded the witness replied that there
were certain dangers incident TO the
operation OF shafting which were not
obvious 10 the average workman
AN. Hysore, a man with twenty years
experience AZ a millwrlght and Charles
Heiuel, who learned HIS trade In Ger
many and had an experience Of thirty Eve
years, testified TO the dangerous chArac-
ter OF moving shafting.
Walter Applegate, 10 years Old testi-
ded that he had worked for the company
before Chisllnsky was injured. and SAW
the belts fly of almost daily. In cross.
examination Mr.. spruance asked:
walter, why did you leave the
Hopes and Townsend Companyf"
al was fred, he frankly reBlled.
The witness answered the questio .
before Mr.. Bird had opportunity TO
object He contended that the boy 3
discharge was irrelevant and that the
cause Of his discharge had nothing TO do
with the case.
Mr.. Spruauce oontended that it would
be relevant II he could prove animus on
The part OF the boy towards the de.
fendaut He then asked that the boy be
allowed to leave the court room while the
question OF the admissibility OF the
evidence was beiag argued.
The boy retired to the graud jury
room.
Mr. lrd-"Now, what would be the
objection Of the jury Withdrawing to the
judges parlorl' Laughter.
The matter was argued aud the court
sustained Mr. Spruance.
Joseph O'Connell, Clarence Huntley,
Edward Crawford and John McCRiferty
testified that ths belts frequently came
off the main shaft, and that II was the
custom for the boys to replace them.
Mrs. Chlelnsky was recalled and
stated that neither she nor her boy
had property, real or personal
Her husband Is an upholstsrer, who
works when his health will permit
A Want That Was Not FILLED.
, Mr.. Bird-"I gave my friend notice
to produce a certain paper. He has not
g produced it. desire to be heard upor
. my reasons for asking for IL.
After preliminary remarks the court
ordered the jury to withdraw.
Mr.. Blrd-"rhera is a policy OF in
surancs in this case. He refused tS
, produce the policy which most Of
; the companies have in these days
. These insurance companies insure against
:. negligence or else there is nothing {,
4 insure.
9 "The Hopes and Townsend Company
!. don't pay this verdict up TO a certain
t amount, but, IL there is a verdict the
}. insurance company pays it.
n Mr.. Spruance-''lt is the most prepos
!; porous proposition ever made in court
}. Of justice.
d The court refused to admit the tes
It timony; the plaintiff rested; Mr.. Cur
T tbs opened for the defense, snc
4 Bookkeeper Albert Barnes Marks was or
e the stand when court took a recess.
To Bind the "slghss aud Scenes of th'