Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1894-06-07

MS next TREND, MaNlmllllhn ChlellnsKy |
VS.. tho lIoopes S Townsend Co. for
$4,000 for the loss of an arm, was re-
stunned. The plaintiff, who is u lad Of |
ID years, during the morning was asked |
by Mr.. Bird If he was cognizant of the |
danger in operating the shafting and
betting. Mr., Spruance objected and
before ruling was given court ad-
journed for the noon hour.
Mr.. Spruance asked the witness if he
made any statement after the accident
and he replied that he did.
"What did you sayE" asked Mr..
Spruance.
Don't answer that" interrupted Mr..
Bird. "Now then, of course we object
to that The boys arm had been torn off.
He was suffering terrible pain, and
under those circumstances anything he
did say brought here to defeat his action
ought not to be admitted. There are
abundance of authorities in support of
my contention"
Mr.. Spruance contended that the
statement ought to be admitted and the
jury could take it for what it is worth.
The court said ii was a matter for the
jury. The witness denied that he had
said his mother told him to be careful
about machinery, that he disobeyed her
and was injured.
The suit of Herman Chielinsky to re-
cover So, 600 from the HoOpes n Townsend
Co., for the loss of an arm, occupied the
attention of IL jury in the superior court
Friday morning.
Mr.. Bird resumed his argument in favor
Of the admissapilty Of evidence going to
show the custom of the shops while
| Chielinksy was employed. During the
| examination of William Brown on the
previous day Mr. Bird attempted to prove
| the prevailing custom of the shop, but Mr..
| Spruance interposed objection. IL was
encumbent upon Mr. Bird to produce
| authorities in support of the admissability
| of the evidence which he did this morning,
| citing q number of cases where the court
ruled the custom of Il company was adj
missable
Mr.. Spruance contended that the evil
| denCe was not competent and the 'custom"
| should not be admitted. The learned coun-
sci would not call it custom" Mr.. Bird
could call it 'custom" if he desired. While
the boy was in that little room, Mr.. Spru-
ance contendcd, it would be preposterous
for the plaintiff to attempt 10 prove the
custom" throughout that whole industry.
| The object of such testimony was to divert
the attention of this jury from the rea!
cause of the accident and confuse their
case.
Mr. Spruance concluded his argument at
| l o'clock. Court declined to admit any
evidence relating to the custom or practice
in the shop further than that brought to
the knowledge of the witness during the
period of his actual employment.
The Chielinsky damage suit was again
taken up in the superior court yester-
day afternoon. William Brown, col
ored, was recalled and said that while
he was employed in the defendants
shop Helmsley Wilson showed Chiel.
insky how TO put the belt on the shaft
ing when it came Off. The witness said
Frederick Schiller saw the witness and
Chielinsky putting the belt on the shaft
ing, but never cautioned them in regard
to the danger connected with the opera
ton of the machines.
The witness said that when bolt
with an imperfect thread was placed in
the machine it threw the belt of the
shafting, and then Chielinsky or the
witness went up on the stringers to put
the belt on again. Sometimes the belt
came off twice in one day and again
two or three days would pass without
the belt flying off. There were three
machines in the room, all of which were
used in screwing nuts on bolts. The
day the accident occurred Chielinsky
YVES operating llelhlsley lisoh MA
chine.
The belt flow off and the plaintiff
climbed up to the stringers over tho
machine and lay upon his stomach
With one hand he reached down tc
adjust the belt when his shirt sleeve got
caught by set-screw. His arm was
, mangled and had to be amputated.
The witness was cross. examined by
Mr.. Spfuance. He said the counter
shaft belt was not as hard to put on al
the line belt. The witness was unable
| to say how long Chielinsky worked II
i the shop prior to the accident, although
he did not think it was three months
lie was sure that he saw Chiellnsky pu
the belt on twice. The belts were eacl
II inches wide.
During the examination OF the wit
9 ness the latter turned his head in tht
: direction of the bench when MIR
4 Spruance told him he need not look 10
= assistance. Mr. Bird here arose ana ob
jected to Mr.. Spruance brow-bcatint
! the witness. Then ensued an exchang
y of pleasantries between Alr. BIRD AM
Mr. Spruancc, in which the honors wer
= equally divided. The witness then lei
the stand after having been under cross
G fire for two hours.
:. William Applegate, a steam filter, tes
y titled that he took Chtelinsky dow
y from the stringers aiter ne was hurl
Q He said he saw the belt OIL half doze
Il times prior TO the time he was injured
Mr.. Bird asked the witness II he say
any boys putting on the oelt during IN