The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1894-06-01

AT the session or the Superior Court
afternoon, the plaintiff,
Herman Chiellnsly was on tho stand.
land Mr.. Bird renewed hls argument
for the admission of the question.
Did you know there wac any danger
among tho machinery? He claimed
no human being could frame q ques.
ton in any other way.
Mr.. Spraance replied that tho cases
cited by MIR. Bird had nothing to do
In the present case. lie did not object
to the proving of this place being dam
gerous by experts.
The plaintiff stated that he never
worked In shop where there was ma
chinery, Hemsiey Wilson told William
BROWN to show him how to put on the
belt.
Emory Marks here was placed on the
stand and explained u model of tho
building. The dimension of the shaft.
Ing was 1916 inches. The shaft was
about eleven feet four inches In
length.
Tho ahaftlng was fourteen In che
below the stringers. There were az
least three pnlieys on that piece OF
shafting The plaintiff again went on
the stand and stated that to put on the
belt he climbed up and had to bond
over to put on the belt. He had put on
the belt six or seven times during the
few days he worked there.
There were three machines in the
room, There was no work on his ma.
chine and Wilson told him to go to
work on his machine. Wilson was
there one day when he could not get
the belt on. and Brown was sent up to
wipe 1t off with waste. Frederick
Schiller saw him up there twice. He
did neither call him down nor say any
thing to him about 1t being wrong to
put the belt on. He never saw VIM.
Barrett put on belt, nor never saw q
ladder. Tho setscraw caught him by
the shirt and he knew nothing more
after that. He was paid IS. so a week.
In eross-exaInination by Mr..
Spruance, he denied that anybody ever
gave him any caution, He never once
belt on the pulley.
MIR. Bird objected to the question
ibid you make statement IN the Of
lice alter you were hurt about the ac-
eidentY just imaglne. said Mr.. Bird,
a man In reilroad wreck. caught in
car window with his legs on fire, and
he making statement such us thlr-
teen year old boy with terribly lac
Grated arm.
The court said 1t was matter for
tho jury. The statement made was
that Waiter Apologize had placed
sticks In the machine and that that
was the cause of throwing the belt off.
The witness did not know that there
was any stick In 1t. lie never said
that his mother told him to be care
full and that he uisobeyed her and now
got hurt.
William Brown worked for Hopes
and Townsend for about ten
months. Worked about tive months
In the room where Chlelinsky worked.
After he was hurt he was put on a
He is now going on 10
years. MIR. Frederick Schiller put him
to work.
MIR. Spruanee objected to the ques.
ton, Ibid Mr.. Schiller give you any
warning about the machinery when
you were put to work."
MIR. Bird maintained that the ques.
ton was proper one. inasmuch as
that 1t established custom. and o
custom can be proven in the face OF a
rule. The question was held up to
quote authorities. Witness remem-
ibered that the main bait came oil the
frat afternoon. He put It on and the
next time Chielinsly did the same
thing. MIR. Bird consumed the bal.
anoe OF the afternoon with The quoting
of authorities.