The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1895-03-12
rnE HUBER DAMAGE SUIT.
ooaa.e, Fer the Plaintiff SIN ExamlUins
wnnesses About tho Vibrating floor.


Interstt In the Huber damage case 70.
mains undated. This morning several,
witnesses were examined aud their testi-
mony added greatly TO the strength Of
the plaintiffs case.
Counsel confined themselves principally
to the vibration or The floor and the de
gree OF danger which resulted. Henry
Russell was the first witness called by
MIR. Bird, who began by the usual ques-
lions as TO past EN- ploy ment the witness
replying that at the tune Huber was IN.
lured he was in the employ OF the jack
sou sharp Company. Previous to that
time the witness had worked on nearly
every machine In the shop and had also
worked on the stcker side OF the unlver-
eal machine.
The floor qulvered, making the ma.
chimes more dangerous to work upon
than they otherwise would be.
did you ever spealS to Mr.. Spence about
the danger" inquired Mr.. Bird, but before
the witness could reply MIR. Higgins OBJ
1eoted. Your Honors. what am about
70 say 10 with great reluctance and regret.
We owe 1t to the cause Of this defendant
ana to justice tnat the plaintiff shall not
DO allowed to submit those questions
which nre leading ones to the witness. l
therefore ask the protection Of the court
against Mr. Birds questions"
Chief Justice Lore addressed Mr. Bird,
nut with no severity, on the questions.
s"yiuR 'liuL WneneVer bucn questions were
put TO witness. the court would prevent
an answer. The court placed Itself in posi-
ton OF tile counsel for the plaintiff NJ r..
Bird replied that he would hereafter try
to avoid the taking up OF time by that
means.
Continuing tho examination the witness
told oil having spoken to John Bennett.
assistant foreman, about tho condition OF
The lloor anu receiving the reply well
lot them Xix It," The witness said the floor
vibrated from the supports. 1t was the
duty oil each man to repair his machine.
blue print Of the floor of the building
was handed the witness which he said was
plan OF the second floor oil the old build.
ing.
The new building adjolned 1t, but was
not shown ON the print. tbs rooms wore
not separated by wall. The new build
ing only tremDled when the machiues
were In motion. Here the direct examina.
ton ended.
In the beginning of tho cross.examlna.
ton Mir. Higgins learned from the witness
That he was cabnotmaker by trade. lie
hau engaged with tho company on that
| work. and after staying there about u
| year and n half lett, not returning again
uhtll Two years alterward. Then he was
made foreman. anu then II was he
worked on all the machines. He cOnsid
eted band saw more dangerous ma
thlne TO work upon than any machine In q
| lnlll f:om the fact OF IL having three dan
getous points Tor tho operator to watch
wtlle other machnes had but one In
reference to tho dangerous floor the wit
ness said lie had seen the floor part from
| the Rilder5 and blocks put In the opening
to hold Il up.
| There arose n lively argument over Mr..
iilEGlhs lnuuiriDE tile condition Of the
| lumber worked Oh tine iointer side of the
universal machine when It came under Ills
supervision rs II cabinet maker. Finally
thu Court allowed tie question " go i'll
ana tut wltnes5 replied that what work
| had come to him was sometimes very
rough W lie at other times 1t was com.
para lively good
Ito did not receive every piece OF lum-
Ter from lile universal but only those
pieces whch were to be used in the cabi.
not shop came under his notice His
testimony was therefore confined to that
"ofh. lie was not allowed to cay wnat
Kind OF workman Huber was the b.gin.
illHg to tell OF his good qualities after
telling Of tho work which came from tho
( UNIVERSAL lilo saw the ranpt upon winch
Huber was working wnen he lost his
fingers anu considered 1t poor work. With
TINS tile cross 'oNaDiuatlon ended.
lhomns n. DAVIS had worked In the
same room with Huuer aud considered
the shaking of the lloor very dangerous
70 me operators OF tns machine, Alr.
BIRD began to prove that tho general sup.
etlhtendents mad known OF the danger,
but Wien the witness said Of having boon
too 81 Me3srs King AMI Baxter being on
| VIC H1or AIR. Higgins entered au oUiec.
lion,
The examining counsel willingly wlth-
utt" MS question knowing II 10 be mad,
llllsSnOie anu lokinRiy replied TO Mr.. liig-
Gll5 that he would prove ths fact by d
Withess who would 10 examined later.
several OTHER witnesses wore examined
DeIorv adjournment was mAd5.