Evening journal., 1895-03-08
PLAYS THE BABY ACT"
Charge Made BY Ex-senator
Higgins Against Levi c. Bird.
A BATTLE BETWEEN LEGAL GIANTS

the oounsel-martin @. Huber Wants
Heavy Damages for the Loss Of s.
Hand.
The jury In the Butterworth Conrow
libel case was unable to agree on a ver-
dict and stayed out all night
at the hour Of the noon adjournment
the jury had not put in an appearance
but the constable notifies ths court that
IL Was ready to come in. As Mr.
Chandler. Butterworth's counsel, could
not be found, the court directed the Jury
to remain ont until 30
1t Is understood that no agreement
has been reached In the event Of the
discharge OF the jury without an
agreement having been reached. a
motion for = new trial will be at once
made.
1t was learned that at s o'clock this
morning the jury was evenly divided as
TO the amount OF cost, al however
agreeing on verdict for the plaintiff
The last ballot taken was nine in favor Of
verdict OF $500 and three for verdict
of six cents
Yesterday afternoon the case OF Martin
@ Huber vs.. the jackson and SHARP
Company for sec. 600 damages. caused
by the loss OF the fingers of one OF his
hands while working on q jointer In the
shops OF the company, was heard SEN
ator Gray, Levi @. Bird and A. Il. San
born represented Huber, and ex-senator
Higgins and Hon. George Il. Bates.
the company
The prominence Of the counsel engaged
called out large concourse OF attorneys
and the space inside the railing was we'll
filed.
The case was tried before a special
Jury composed of Robert j. Truax,
William Cooch. Thomas A. Murphy,
Benjamin F David, Joseph German,
Thomas B Lyman. John McCloskey
Robert Motheral, Calvin w. CrossRn,
John Lockerman, w. q Whiteman and
Edward MoAllis,er George Nj ID Hart
and James Morris were challenged by
the defense and Richard Clayton by
plaintiff
The case was opened by A. r. Sanborn,
who sstated that the grounds .'for the
claim we're that the place WAS not a safe
one for workmen and that the machinery
was not safe, both facts due to the gross
negligence Of the defendant He
said that M to March 10, 1889, Huber
had never been in a machine shop. and
that then he was put TO work on
universal machine.
On June 2S he slipped on the floor
which wac in bad condition from oil. and
fell, his loft hand striking In the machine
and being cut. For this he doesn't ask
any damages. When his hand healed he
went back to work at the solicitation Of
VIM. J. Hume and was put TO work in the
second story. The door was very shsky
and there WAS line Of defective shaft
ing
On February 20, 1898, he was set to
work on the ioiuter size of the machine
and had not worked there long when
there was Jar OF the machine and he
was thrown into it and the fingers Of his
right hand were cut of For this he
claimed the damages
Martin @. Huber WAS the FIRST witness.
He said that prior to his employment In
the Jackson and Sharp CompRny's shop
he had worked In q stone quarry and as 3
house carpenter and had no knowledge
Of mRcbinery. He WAS employed by WI.
liam J. Hume and placed at the universal
machine under Foreman Bennett. he
had bis left hand damaged by slipping on
the oily floor.
On the Sunday after the accident he
II
| de worked until November, 1892, when
he was transferred upstairs. The floor
was shaky and he complained about It Ia
Mr.. Hume on February II. 1898, ana
again on February %, and the company
Was getting ready to fix it when on
February 25 he was hurt.
When Superior Court resumed its
session this morning Martin G Huber
4 he Al ha and
Levi @ Bird again took up the asking Of
questions
Ex Senator Higgins kept busy taking
notes, when he was not obiscting to Mr.
Birds questions The second question
asked was relative TO some changes made
since the accident TO the shop. Mr.
Higgins objected. He said;
"Right mere | desire to object to tn
leading nature OF the questions
II beg your pardon, interrupted Mr.
Bird, There was no intention to maxi
them leading and / try to avoid doing so
"But the learned counsel continues K
do so, however, and then plays the babl
act. After having violated the rules hi
asks pardon with the graciousness which
Is so marked a feature of his character
But the harm has already been done anS
the witness posted rs to how he shal
answer, replied the ex-senator.
If the learned gentlemen insist Of
being so captious, it will be difficult fo
them to ask any questions" retorted tn
irrepressible Bird
Later on Senator Gray rose to ask
question, but Mr.. Bates stopped him.
Cannot l ask question OF witnessi
asked the senator.
Il guess you can't" replied Mr.. Bird
mot under the rules Of the court.
That is one of the new rules whic
have been adopted since my friend,
indicating ex-senator Higgins with
wave of his hand, land left 70
Washington, replied the senator.
Il told him yesterday that there wer
a number of new rules he wasn't on to,
remarked Mr. Bird.
Mr.. Huber explained the scciden
further, and then Mr.. Bates took him il
: hand for the cross examination. In repl
to questions the witness said be was 5
years Of age, born in Lancaster county
Pa where he worked at farming till
, years of age. then as carpenter. Lei
there In 1868 for Port Deposit where
lived twenty-four years, being engage
ina umber OF svocations. He nevs
worked In a mill
! he came here on the advice OF frlen