The sun., 1900-03-06
TESTIMONY IS NOW ALL IN
Prayers Of Defendants Counsel
in Lawless Damage Case
Presented Yesterday.
WILL BE ARGUED TODAY
Captain Kershaw, Superintendent OF
jackson 81 Sharp's Shipyards,
Testified That He Considered
the Derrick at Pusey &
Jones' Safe One.


Jones' Safe One.
The taking OF testimony in the case OF
James f. Lawless' administrator vs. the
Pusey & Jones Company was concluded
in the Superior Court about 20 O'Clock
yesterday afternoon, when the jury was
discharged until 10 o'clock this morn
ing. William S. Hilles and Harry ?.
Joslyn, who represent the administrator,
presented portion OF the prayers of the
plaintiff, after which court adjourned
until O'clock this morning.
The Court had instructed both sides to
have their prayers III readiness by yes
terday afternoons session Of court but
they We're unable to do so.
Messrs Hilles and Joslyn in their
prayers held that the defendant COM
pany was compelled tn prove that the
accident was unavoidable, that the der
rick was reasonably safe and they failed
| TO do so, they were liable; that 1t was
the duty of the company to use ma
chimes that were reasonably sale and
that the care OF the defendants for its
employees should be in proportion to the
danger Of the work; that il the derrick
i
company is supposed to have knowledge
OF the defect and are therefore liable;
the plaintiff is entitled to damages to Il e
amount Of money Lawless could have
earned during the remainder OF his life,
taking into consideration his habits and
mode Of life.
The plaintiff concluded the presenta-
ton Of its testimony az the morning SEES
sion. jeremiah Morris, an expert on
derricks, who had been employed at
Harlan 4 Hollingsworth Company's and
at Wetherili's near Chester, testified
that the derrick in the case was unsafe
John 7. Dooley, who Witnessed the acci
dent, testified that he could not say thai
the derrick was safe.
' In opening the case for the defense
James w. Ponder stated tnat it would b'
, shown that the derrick bad been over
hauled few weeks before the acciden
and was in perfect working order; tina
! it was rigged as. many derricks are, ant
4 Ethat similar derricks are used elsewhere
, that the accident could not have beei
G prevented, being an act OF God. ID
claimed that there was no negligence OF
8 the part Of the company.
4 Charles III. Head, for 80 years genera
9 Superintendent of the shipyard of th
{ Pusey Il Jones Company testified tha
q sometime before Lawless was killed u
Jaws OF the gaff were injured and neN
s laws oil Delaware white oak were al
d tached to the gaff.
S John Ii. Jones, an expert rlgger, VII
! was in charge Of the working ot the dei
rick when l.awess vas killed, testiiie
G that the derrick was properly riggec
i Richard Miller testified thai lie had nell
r ed 10 raise heavier weights than that |
the frame. Michael Kavanough test
i fed that the derrick had been used fc
il several days i'll lifting frames.
At the afternoon session James l.
e Schofeld, a machinist in the employ {
= the Pusey & Jones Company, testlfe
l. that lie was alongside OF Lawless at I'll
time OF the accident. He saw the jaw
of the gaff after the accident and said
looked like clean break. He though
the frame weighed about ton, but sa
n weights which he thought were heavi'
Sc lifted by the crane. The derrick ha
q. been knocked over by the steam'
as Viking. The derrick was then owe
u hauled.
lie Captain Edward Blizzard testified tn
le he was working with Lawless when IL
e. latter was killed. He had seen hea,
rs weights lifted by the derrick.
Joseph Keenan,, employed IN q
punch shed at Pusey 4 Jones', testitit
that he thought the jaw OF the derrit
= broke with the grain.
~ Edwin Kershaw, superintendent
~ Jackson & sharp's shipyards, testiii'
y, n that he considered a derrick of the kiI
=, used at Pusey & Jones a safe on
- Similar ones are used at Jackson
Sharps.
: Hiram Corbett, employed at Pusey
n Jones', testified that the frame was
raised from the ground.
IN Elisha N. Fowler, in charge of Z
~ derricks at Bush's, said the entire weig
on the derrick was against the mast Al
We of the boom.
H Stephen s. Cook, employed at Pusey
" Jones', testified THAT he saw frames
~ similar weight lifted ny the derrick
few days before the acci lent.