Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1895-03-21
tine Bia DAMAGE CASE.
The Value Of Martin C. uuber's Ampu-
tated Fin-ers In he Decided nv a Jury.

Went OH Inc stand ana tOlu tue IOuFt anu
jury what he knew about the particulars
OF the accident in which Huber lost his
fingers, but he noticed nothing about the
condition OF the floor that could be con
strued to mean that the vibration maize
the operation Of the machinery AS dan
geroiis as the plaintiff would have II seem.
The witness was Subjected to u rigid cross
fire of questions but stood the ordeal with
iirmness and without much confusion.
i I'm $ RenDelt, the assistant foreman
Of the car shops went on the rack Thursday
morning us suuu us court opened Tor the
day. After Mr., BITES had examined the
witness at some length, Bennett was re-
quested to get up on the Universal machine
and show the Court and jury how he
would rabbit u ramp OH the universal
machine. Then all the members OF the
Jury, together with the counsel and CHIEF
Justice Lore gathered about the machine
and for the time being the court room
was converted into AN irnproviscd wood
working establishment. The witness,
with the ramp in hand, showed the jury
just how the rabbting was done, the infer.
ence being that il Huber had held
the ramp as he ought TO have
held 1t the accident would not
have happened. Bennett, by catching the
ramp ON the end, and carefully steering
it over the knives, showed the Jury how
the accident could be avoided. He con
tended that Huber had held his hands on
the rampdirectly over the knives, and when
the force of the rabbitng threw the end Of
the ramp around, his fingers were caught
IN the knives. Huber commended that the
vibration of the floor made the machine
jump so that it was necessary to hold the
ramp as the plaintiff held it to keep IL down
on the macnDe.
When the witness returned to the stand
the examination was resumed. Bennett
was handed the ramp on which Huber was
working, his contention being that It was
not properly rahbited. Mr.. Bntes asked
him what could produce this condition,
and the witness said Huber might have
been looking about the room and not at
tending to his work. The witness said the
ramp Huber left unfinished was com
pleted on the Gaynor machine.
William y. Beerbrower, u mill hand,
went on the stand i'll the Hubcr-Jncksoh
& Sharp damage case Thursday afternoon
and exemplified the working OF the UNI
versal machine. He said he did not con
slider IL any more dangerous than any
other machine. Asked by ex-senator
Higgins il he had ever told Alexander
HUDSON or any other man that Huber, the
plaintiff was careful in operating the
machine, the witness replied i'll the mega
tive. This was IN contrhdistinction to the
evidence of Il witness called ~ The plalntln
who swore Beerbrower had made these
| admissions. The witness did NOT THINK
the vibration of the floor amounted to
ANYTHING to speak of. He was turned over
for cross-examination.
MIR, Bird took him in hand and walking
| up to the witness stand, demunded to
know whether or not he was the man he
| saw tightening up the machine with u
monkey wrench Thursday night. The Wit,
ness was about TO reply, when Mr. Bird
stopped him, saying:
NO, you need not explain. ! suppose
you were trying to fix it so that the hood
would stay up"
The witness admitted he once told Huber
that if he was injured the company would
| be liable for damages.
William j. Hume, the general foreman
| of the car shops, was q good witness for
| the defence. His manner was symbolic
of truth and sincerity and his evidence
| had great weight with the jury. He adj
mitted that the floor vibrated some. but
did not think the condition was rs bad as
represented.
When court reconvened on Friday
Senator Gray took the witness in
| hand and closely questioned him about
| the machinery and the condition OF the
floor. The witness did not deviate from
his former statement.
Senator Gray asked Hume whether OIL
not he did not say TO MIR. Baxter thai
| Huber was a good man to take Henry
| Boyd's place. Ex-senator Higgins OBJ
jeciei to the question, and the stenogra
| pher was asked to report it. While he wa:
reading the question to the witness MIR
| Higgins said rather abruptly
Loud enough" which caused Mr.. Har
desty to retort: II think l am reading 4
loud enough"
Court overruled the objection and the
witness said he had no recollection Of
having made the remark to Baxter.
James 4. Quicker said he had seen Hubel
lift the hood up while working the ma
chine. He said to him "For Gods sake
witness said he considered it a very dan
gerous practice. The witness said h,
noticed the vibration in the floor, but |
did not interfere with the operation of tn
Universal.
In reply to a question of Mr.. Bird tn
witness said he never saw other men abou
the shop lift the hood while the machin
was running. AT the request of MIR. Bir'
the witness went to the machine AM
showed how Huber lifted the hood.
The case was underway when court tool
a recess until $50 o'clock.
The defence kept on calling witnesse
| Ill lllS ~ Duhl pIO1bu'
damage case in superior court Frida.
afternoon.
| William Spence, of the first witnesse
called, swore that he never felt am
vibration of the floor while working tn
machine.
Henry G. Baker of Philadelphia, is
manufacturer of wook- working ma
chimes. He said the Universal was ii
more dangerous than any other machine
Malcolm Baxter, A. s. Reed and Levi
McIlvain, had all examined the foo
and discovered it in good condition.
Court discharged the jury in the dam
age case until 10 O'clock Monday morn
ing.
There were no jury trials in superio
court on Saturday, the attention Of tn
judges being occupied by examination q
the trial list and by argument.
In the case of the First National Ban
vs.. Nathan Lieberman, Lewis Z. Vandt
grift asked leave to have an execution al
nulled OH the ground of irregularity i
the execution. Two judgments were Ell
tered against Mr. Lieberman in Februar
last by the bunk, and on one OF thes
Judgments, Mr.. Nandegrilt as counsel fd
the bank issued execution.
Meantime the Chancellor granted prt
liminary injunction restraining the pan
from taking any action and prohibltin
the sheriff from selling the property
Shortly afterwards, MIR, Nandcgrift inac
: vertently osked for execution on the secon
: Judgment and he now asks that this one
: quashed. The Court ordered the exeCI
: ton Qnashed and notified counsel that III
: answer must be filed Immediately and a
gument held as soon Us practicable.
: j. Ernest Smith asked tor u writ {
possession in the case of the Wilmingto
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