The Wilmington daily Republican., 1900-03-02
AWLESS SUIT
TN PROGRESS.

l
Trial of the $4,000 damage suit
OF James f. Lawless, administra a.
tor, VS.. the Pusey g. Jones Company
was begun in Superior Court this
morning. VIM. S. Hilles, senior
council for the plaintiff, was in
court and opened the case. TO the
jury, Mr.. Hlles said he would prove
that Mr.. Lawless, who was "a
years of age, met death in the de-
fendant company syard on Dec. 10.
1897.
Mr.. Hllles explained that Lawless
at the time of his death, was at
work setting up frames of tug
boat. which, possibly, was the
largest boat of the kind ever built
by the Company. The derrick used
was one which had been exposed to
the elements for over 20 years, was
of wood and in absolutely improper
condition for the work which was
then being done by it. This fact,
Mr.. Hilles said, he would prove by
the foreman of the yard. Had the
derrick been in good condition, Mr..
Hilles said, he would also prove that
the derrick should not have been
used in lifting such heavy frames.
He would also prove that the COM
pany had disrcg garded all ordinary
safeguards against accident.
Then the examination of witness
es was begun. James A. Croker, a
brother in-la of the deceased, and
administrator of the estate, was\
first called. He testified that Law
less was "A years old; that he went
to work with the defendant company
ten days before his death; that he
was industrious and that he was a
healthy young man.
In the cross examination, James
W. Ponder asked the witness If
Mr.. Lawless was not hard drink
er-an habitual drunkard, in reply
to which question, the witness G ave
somewhat emphatic mo" Wit.
ness admitted that Lawless did
drink, but not to such an extent as
injured his health.
Mrs. Annie Croker, sister of Mr..
Lawlcss, was the second witness
sworn. She said her brother had
worked since he was II years old
that lie was industrious, kind man
to his parents, and never over in
dulgent in the use of strong drink.
Reference to her brother 5 sad dc ath
caused Mrs. Croker to weep fire.
qucntly.
Charles b. Dougherty, who en-
ployed Lawless, testified that he
was industrious. Mr.. Doughertv
had seen Lawless under the influ.
encc OF liquor, but six months be-
fore his death witness requested
Lawlcss to pledge himself against
the use OF strong drink, which
pledge the young mau took and
kept, so far as the witness knew.
Thomas J. Cooney testified that
on the day Lawless was killed, he
was at work in the Pusey e. Jones
shipy ard. Lawless and the wit
ness were at work hosting frames
of an l2O foot long tug boat in posi-.
tion. Then Mr.. Cooney described
the falling of the beam of the der
rick which was being used to lift
the steel frames of the boat into
position. He said he was at the
while Lawless was at the
spool around which an iron chain
wound. Lawless was guiding the
chain, facing the mast of the der
rick. When the men had the steel
:rames about Is feet high, the col
ar OF the boom broke and the boom
alling, struck Lawless in the back
iilling him instantly.
The examination of witnesses
continued until l o'clock when the
court recessed until 2. 80 o'clock.
Settlement was reported in the
case Of Bridget Whalen VS.. the p,
W. a. B. Il. X. Co., amount to be
liked by the prothonotary.