Evening journal., 1894-06-02
WAS He HEADSTRONG q?
Testimony as to How the
Boy Chielinsky Lost
Els ARM AT HOOPEa & TOWNBEND's


Lively Legal Tilts Between messrs. Bird
and spruance DuringIthe Examination OF
witnesses in L his Suit for Heavy Dam
age.
The case Of Herman Chielinsky VS.. the
Hopes and Townsend Company was con-
tinued in the Superior Court yesterday
afternoon. There we're but few specta-
tors when court opened.
Mr. Bird called William Brown, the
colored hoy whose testimony led to the
long engagement on "custom" and to the
decision that the testimony of the wit
ness must be limited 10 the time during
which he was employed in the shops
''l had worked at the machine for about
FIVE months when this accident occurred.
Foreman Fred Schiller brought Chelinsky
t D the room and told Wilson to show him
what to do. Wilson showed him how TO
screw nuts on bolts. He showed him
how to run the betting on that ran
from the counter shaft to the door. He
told me II the mRiushaft belt came of
for me 90 show him how to put it on
81 have seen Chielinsky put the line
shafting belt on four or FIVE times /
have seen Frederick Schiller watch him
put It on and never heard him give any
order for not doing it or scolding him.
There was no loose and tight pulley on
the main shaft, but there was on the
counter-shaft No suggestion as to
danger in putting the betting on was
ever made 10 me by nybody."
Mr.. Bird-"Whet caused the belt TO
come OFF,
Brown-"Imperfect threads. When
the nut struck the imperfect thread Of
the bolt the belt would fly off. On one
occasion Chielinsky went up when there
was grease on the belt. He couldn't get
it on and Wilson sent me up with was te
to wipe of the grease and put the belt
on which l did"
Mr. Bird-"Did you ever see ladder
there to get up on before this plaintiff
was hurt2'
"No, sir"
"Did you see one afterwards2'
Mr. Spruance objected to the question
and the court sustained him.
"Did you see Chielinsky get hurt2'
"Yes, sir. He was lying straight out on
the plank up there when the set-serew
caught his shirt sleeve and just wound
his hand right around the shaft VII
liam Applegate got him down"
Mr. Brd-"Cross examine.
Mr. Spruance conducted such a rigid
cross-examination as to distance that
Mr. Bird objected, saying:
Il don't think man has a right to
brow beat boy like this That boy has
stated twenty times that he could not
state the distance.
Mr.. Spruance-"No l am not brow
beating him. No l am not brow-beating
! him"
Mr. Bird-"Yes it is. / think he is
! just trying to puzzle him
Mr. Sprusnce-"he has told g clinched
story. / find that whenever l take him
of of it he is helpless have a right to
test his recollection. l know that wit
nesses are sometimes bulldozed in this
/ court Cunning TO Mr.. Bri) / am strictly
in the line Whenever I 60 too far
shall thank your honors TO check me-.
Mr.. Bird entered an objection"
| Chief Justice Lore-"He has answered
that question three or four times, and
that answer goes to the jury for what it
is worth"
Mr.. spruance-"William, you can
read2"
"Yes, sir.
How long were you employed at the
shops?'
Ten months"
"Do you know that there was a rule
that no piece of machinery should bt
wiped while in motionY
mo, cir; never read the rules.
Mr.. lBird-"William, you have been
asked whether there was anything ever
read over TO you and you asked to state
it on the stand. Were you just asked
questionsf"
al was Just asked questions.
"Was MIR. Spruance present on one OF
those occasions2'
eyes, sir"
There, now"
Mr.. Spruance-"T was in Mr.. Birds
Office at his invitation, against my pro
test l said had no desire to interfere
with his witnesses or testimony, but h'
insisted that l come. I have not alluded
in the most remote degree as to whai
passed on that occasion. l was moi
guilty of impropriety."
MIR. Bird-'I am alleging ithat h'
examined the witness and not that he Il
guilty of im prOpriety."
Mr. Spruance-"Yet 1 would not bl
B permitted for one instance to speak of wha
that boy said Then it is entirely i'm
proper to refer to it.
Under redirect examination Brown sai'
that, prior to the accident he never saw
+. | any printed or written rules in the shops
{ but they were put up afterwards.
The plaintiff was recalled and testife'
B that he had seen Appiegate an
, William Blown both putting the belts OF
. the line shaft. There were some rules il
o the storerooms. but they were so dirt.
g they could not be read. They were in
frame and the glass was dirty.
William Applegate was sworn. ii
said he was employed In Morris, Taske
> Co.'S machine shops He worked 70
. Hopes & Townsend for four years an
four months. He was working fo
them at the time the boy was hurt an
took him down by the shaft His han
was not cut, but his arm was. he tol
witness not to hurt his arm Witness
business as steamhlter called him to a
d parts Of the works aud was In the nu
:, works frequently. He had known th
. belts connecting with the main shaft
d be of half-a-dozen times and had see
" William Brown putting them on
Mr. Sprusnce objected TO another que
A. IA