Evening journal., 1896-03-10
DANIELS HAS HIS SAY.
Plaintiff Rests and Liebig is
After a Non Suit.
sAYs NEaLIaEEOg Is NoF PROVED

Story OF the Suit which Arose From the
Failing IN OF the Sides Of an Acid
Chamber IA the works ON the Chris
tiana- TruitIess Gnort to Have witnesses
SECLUDED.
Trial Of the damage suit OF George A.
Daniels colored, W. the Llebig Manu-
featuring Company, was begun in the
Superior Court yesterday afternoon, With
the special jurors drawn at the morning
session In tine box. Ex Attorney General
John Biggs and Levi O. Bird looked after
the interests OF the plaintiff. while Lewis
@ Vandegrift and Edward q. Bradford
represented the defendant corporation.
Mr. BiRgs made the opening address
In the plaintiffs behalf de said that 10
WAS an action TO recover damages Tor
personal IN iurieH sustained at the com
psny's works on tho Ohriatiana on April
22, 1895. Daniels was an employe. lie
was ordered TO take down acid chambers
lined with lead. and went TO the top TO
take down ioist. In one OF the cham
herH the lead had been cut OIL, thereby
rendering it dangerous. Tho sides Of
ore OF the chambers oaved in, Danieia
fell TO the bottom, sustained fracture Of
inoppacltsting him from work
A miniature model Of the chambers
WAS of red in evidence and exhibited 20
both court aud Jury.
Daniels was sworn. He said that he
received orders from Mr.. Weldin on
April 49, 1895. TO report at the acid
chamber for work, and was employed on
the third chamber when he fell. As
soon as the jolst WAS taken of the frst
chamber it began 20 shake 30 much that
be called Freeman Ericsons attention TO
10. It was then braced.
At this atsge OF the proceedings Mr.
VendeRrifb asked that all Witnesses bs
excluded from the room Msssrs Biggs
aud Bird strsnuously objected, saying
that the application should have been
made before the witness began his
story They were sustained by the
court.
Daniels then went on and told how be
had called 70 the others 10 get out Of
The way when he felt the walls giving
way. Shortly afterwards he went TO
the bottom Of the chamber.
Skillful cross-examlnau0n by Mr..
Vandegrft failed TO shake him 10 any
particular
Wesley Wiser and John Lswis were
called Wiser said that whom the side
began to gcow Ia he saved himself by
olinging TO glrder.
Lewis IN cross-examinatiou declared
that he did not hear Fceamen Errlcgon
tell Daniels not 60 stay over the third
chamber II lt got shaky, bnt lac did hear
him tell him 20 bs careful aud not get
hurt while working over the hrst aud
second chambers.
Some OF the woodwork OF tho part
that fell was eaten With acid said
William Cooper, colora1, who was tue
last witness called yesterday afternoon
George A. Jenkins, this morning testi
fed to the eraction OF the acid chamber
Lewis e Taylor, q L'eblg lsborer said
that he did not ses the chamber fall He
had visited Daniels since be suffered
the injury and always found him IN palm
De had never been able to resume manual
LABOR.
Wesley Wolser recalled, said that
there was p space between the chamber
and the roof Of the building lt was
sufficiently large for q man TO stand IN
There Was no brsoing on tae side that
fell IN Had there been II would not
have fallen. All other sides were brRosd.
Witness relied upon tho foreman to SOC
that the Woik was done.
Rev George G Blvens, who saw Dan-
lels on the day OF the accident and at
different times since, testified thst be
always found him in pain and unable to
move. Daniels. 10 his opinion, was a
broken down men
Daniels, being recalled testified that
Dr. J. p. Pyle was his attending physi
clan until May a. when ho Instituted
suit for damages Then the visits of De-
Pyle ceased. DR.. Howard Ogle wss called
Ia then he had sustained com
pound fractures Of four ribs. a
crushed hip aud shoulder, and a sprsined
knee. Daniels said that he had pains Ina
the back and stomach and that no had
lost twenty six pounds Of hssh. Before
the day Of tho accident he never worked
In or about the acid chamber The work
should have been done by a carpenter
On cross -examin iti0n he admitted that
he remembered that once be helped tear
down q cupola on the roof of building
at the works, but that was entirely
different work.
Dr.. Shepherds, colored, testified that he
cav the plaintiff two weeks after the
accident Hs Was suffering great pain
The injuries were such that. ia his
opinion they would b. folt by Daniels all
bis life.
DR.. Howard Oglo who also attended
Daniels. testified that he might never
entirely recover IL would DO long tims
II he should happen to recover
Daniels stated that he was SO years old
the Goth ~ last November
Plaintiff then rested bis case
Messrs. Vandegrift aud Bradford re
tired for a few minutes. When they
returned the formsr moved for a non
suit on the ground that the plaintiff had
not made out such a case OF negligeacs
as would warrant the case IN going
fUrther he went 20 his office for author
tiles and began argument immediately
upon his return.
Argument was still on when court took
recess