Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1895-03-14

and Huber was the very quntessence OF
this case. The Court ruled that the ev.
deuce was admissablc,
''ie said to me, you'll soou be ready 20 |
turn in again. and when | told him |
had only one hand he told me lie would |
give me work That ! could perform, not
| withstanding these circumstances IEe |
witness said that in spite OF this promise
| he was again pitt to work on the Universal
machine. lie worked On the ''sticker"
| side of the machine and Mr. 5eerhower on
the "iointern side of the machine. The
witness said his instructions were given by
Mr.. Bennett, the assistant foreman OF the
shops.
| Tie witness said the floor about the ma
chine WAS in condition which rendered
il dangerous for workmen. Then Mr. Bird
| put this question to him, after first caution.
! ing him not to answer it until his Learned
friend" had an opportunity to object:
Would you have continued in the EN-,
ploy of the company much longer had
that floor been fixed >"
II object said Mr.. Higgins,
Whats your obieetiono" asked Mr..
Bird.
Mr. Higgins -"Why, because he answer
would be an opinion and IioJ fact"
"Why, Huber is the plaintiff" Mr.. Bird
replied.
Court overrulcd the objection. The
witness replied that he would have col-
tinued to work for the company if the
noOr had been liked. 1t was dangerous, he
said.
The testimony of the witness was inter.
ruptel at 80 O'Clock when Court ad-
ioilrned until 10 o'clock Friday morning.
The second days trial OF the big damage
case of Martin q. Huber against the Jack
son & Sharp Co., opened with lair at-
tendance III superior court Friday morning,
which was increased i'll proportions as the
day Wore Gnl
was finished and then Messrs. Higgins
and Bates, for the defence, cross-examined
him, Mr.. Bates conducting the cross-tire OF
questions.
During the direct examination of the
witness by Mr.. Bates, Senator Gray asked
whether he would be allowed to ask II
question. The Chief Justice said it was
: against the rule made by the Court, and
MIR. GRAY admitted that the practice of the
Court had somewhat changed since he had
been absent.
/ That's what told Mr.. Higgins Thurs
, dav" said Mr.. Bird turning on the crest
} fallen ex-senator, who occupicd y seat Just
to the plaintiffs right. Il told him he
ought to keep posted. lie hasn't been ~
court enough to familiarize himself with
its practice"
, On cross-examinationt the witness said he
I was born in Lancaster county, Pa. and
{ was 81 years old. The witness then went
Q OH to say that he had worked i'll Maryland
Y and when he came to work for the Jack
/ son & Sharp Co., lie brought letter OF
Recommendation.
e During the cross-examination tilt
j.. occurred between Mr.. Bird and Mr.. Hig-
gins, during which the latter became
: somewhat excited and brought u right
. hand blow down upon the table which
s echoed Il vigorous protest to the conduct
V of Mr.. Bird. The alteration occurred
d while the witness was in Mr.. Bates hands,
' Mr. Higgins accusing Mr.. Bird of putting
/ answers into the witness mouth lie
! said he objected to ANY suggestions on
{ the part OF counsel" and appealed TO the
r court. Don't interrupt the witness, said
Q the Chief Justice. and Mr. Bird smiled and
e busted himself with some papers on his
a desk.
{ Later on when MIR. Bates was continu
ing the cross,examination. Mr.. lliggin:
( made suggestion, when Mr.. Bird face
/ tiously remarked:
IS "NF. Higgins, you had better let youi
IS colleague alone.n
:. .tWell, / wont let you alone.' said tht
: ex-senator, turning full head on Mr.. Bird
4 The latter made no reply to the remark.
n The object of Mr.. Bates questions was tt
show that ii Huber had kept his hands OF
a the wood and not on the saw the acclden
e would not have happened. Mr.. Bates thel
n interrOgated the witness as to the volume
d Of vibration which caused the machine tt
v jump, and desired to know where thu
r. vibration was, MIR. Bird suggested that i
% was under the machine
/ II ought to have Il diagram for you,
n Mr.. Bates replied. II suppose that be
cause the sun is not shining to-day, yot
10 propose to supply enough brightness 10
"a all of u.s." Mr.. Bird smiled but did no
Q reply, The cross-examination Of the wit
o ness was not finished when Court took :
If recess at O clock until 80 O'clock Frida,
|, afternoon.
,e Immediately after court adjourned Mr.
,s Bates informed the Court that the detenc
ri proposed to bring the jointer machine il
a court, but he gave the assurance That n
experiments would be tried ON member
as of the bar. Court asked how much tn
d. machine weighed and Mr.. Bates said l 20
il pounds.
cs over to the reporters table and said
r. "Gentlemen, we'll have TO move you
v. table back just little. We wont cut You
fingers off though
Of Then some one was cruel enough to sua
IN gest that the ex-senator would like to aTl
I'd putatc the fingers Of the newspaper mel
ne and 10 one eontralicted him.
liz The damage case of Huber VS. the Jack
ct son Il Sharp Co. occupied the attention o
id superior court Friday afternoon, an
er considerable interest was manifested Il
ne the proceedings progressed There wa
not as much legal Sparring induiEcd in p
lr counsel rs on the previous day, but MI
re Iird and Mr.. Higgins manaGed to make
he few passages at each other.
he The examination OF Huber was cor
n tinued when Court resumed its sitting g
nd . 80 O'Clock. lie denied that Peter Land
nd had warned him about using the machine
n. but he recollected thai Mr. Hume had tol
he him to be carefnl OF the knife IN u
as Universal machine. Mr.. Bates handed tn
en- witness a piece Of wood and asked hiI
er whether or not he knew il was the ram
II. he was working on when he was injured
nr He asked for rule and after he measure
ri it he replied in the negative. lie sad
he did not look like the piece.
itf The witness was asked to give tn
ed size of the poles that were put under I'll
of floor when it was found that the vibratio
lie. iuterfercd with the operation OF III
ii machine Huber said they were about
set large as telegraph poles.
r A ''About tile size of telegraph poles, y II
M naatei Mr.. bates. That's like saying tt
size Of a piece of cheese. It's too il
OF deliniten
o.. Ii was II minutes to o'clock when IL
en- witness was turned over to Mr.. Bird for r
he direct examination. lInber said he WI
ID, exercising due care at the time the acc
ar dent occurred. lie left the stand ut ~
Ill o'clock, having been continuously on tt
M stand since Friday morning.
nh George w. Rasn, the next witness sal
ars he was employed in Cramps shipyar
of lie came down here ut Mr.. Bird 5 soilcli
he, non. Ihe witness was very deal ana "
i'm Bird repeated his answers 10 the jury. ]
luL had worked for the jackson n Sharp CO
err and was there when the accident uccurre
er- The room in which the accidcat occurr'
ci- was formerly used as u sash factory. /
Inc said there were probably ,0G) feet q llll
in ber Ill the room, which causct the llpGr
~ ln,yt, ~ mud tI,n u.nrt. nam had