The Portland daily press., 1895-05-14
SUPERIOR COURT.
BEFORE JUDGE BoNNEY.

BEFORE JUDGE BONNEY.
Monday-The case of James R. Atkins
against Edwin L.. Field. which has been on
trial since Friday morning has been post
poned until next Friday, and that too be-
fore the testimony was closed. The plain
tiff sues to recover damages, laid at ten
thousand dollars. for bodily injuries sus-
tained By the falling of derrick upon him
at Portland Head where the United States
government is constructing two gun bat
teiy. The defendant was superintendent
of construction under The general super
vision of Col. Peter c. Haines, who was
there in charge OF this department. The
derrick in use was a large one. the mast be-
ing sizty.e eight feet high, and the boom
sixty feet long. 1t was supported by four
iron guys of various lengths, the nori hern
being about 224 feet long and she southern
about 400 feet in length. These guys were
fastened to eye bolts set in the ledge. The
eye bolts were made by the bIacksmiihs on
the work from iron furnished by the de-
PENDANT, which was one inch ard u half in
diameter. On the day of tie accident. the
derrick having been moved the day before.
and three of The gays having been set up,
the men were seen to take up the slack in
the southern guy which was over four hun
bred feet long. The witnesses for the
plaintiff say that they had taken up what
slack they could with the main tackle, and
had put on an additional tackle, called the
huff tackle, and which is attached to the
fall of the first main tackle, when the
eye Lolt to which the northern guy was al
tached gave way and the derrick came
down, snasbingsthe engine house to pieces.
and the plaintiff who was on his knees
pulling piece of board under the engine
| house to level it up was caught between the
| boom and the mast of the derrick. He WAS
removed wit b difficulty and it was found
that his back was seriously injured. Doctors
| Gerrish and Addison $. Thayer say that
| in Lheir opinion his spine is injured, while
DR.. Gordon, who was called by the defense
thinks the spinal cord is not involoved, but
| that the trouble is in the large musles of
the back which support the spine. But they
all agree that Atkins was badly injured,
that he has suffered great deal of pain.
and that it will be a long time before he re-
covers health enough to labor If he ever
| does.
| The plaintiff claims that the derrick was
| insecurity SET because it had not enough
guys; that the eye bolts were not made OF
| sufficiently large iron; that instead of being
| inch and half it should have been at least
| two inches and half in diameter.
| On the part of the defendant 1t is claimed
| that the eye bolt was of sufficient size to
| sustain any work for which the derrick was
designed; that the defendant was not re-
| sponsible for the fail of the derri k; that at
| tile time he was plumbing up the engine
house, and Atkins was assisting him and
Eran IL Far q
in charge of gang of men was taking up
the slack in the southern guy, and If there
was any carelessness or negligence on the
part of anyone it was his. Witnesses for the
defense testified that at the time OF the fall
OF the derrick, they had pulled once on the
lutf tackle, ard " Hard ordered them to
pull once more; that there were twelve men
pulling on the fall and when they pulled
again the northern Guy gave way.
1t is claimed on the part of the plalnrin
that the eye bolts and pins Should nave
been sufficiently strong to Withstand any
strain that the men might put On the guys
by setting them up.
Last Monday Col. Bradbury the unitea
States district attorney. who is defenolng
Captain Field, filed interrogatories 10 taKe
the deposition of Col. Haines engineer tnen
in charge of this department.. ana whose
testimony he regards as very important.
Today he learned that the commission oi'i
not roach the place until Col. Haines bao
left on a brief business trip. and the de-
position could not he completed untll MS
return. So the case is postponed rntil next
Friday morning when Col. Brad bury hopes
10 have Col. Haines's testimony Inc
evidence is closed with the exception Oh tne
deposition. and such rebuttiDg testimony "s
Mr.. Thompson may have to on the part
of the plaintiff.
In the forenoon the following partles
were arraigned:
Ann @. Dickinson. Disorderly house.
pleaded rot guilty.