Evening journal., 1901-12-12
NOW ARGUING
BEFORE JURY
Attorneys in Damage Case
Have Tilt
MIR. WHlTEMAN EXPLAINS
Long Drawn Out Suit Against The
Granite Go. Will Be Finished
This Afternoon

Superior Court was occupied this
morning in hearing prayers anu argu-
ments Of the attorneys ON both sides
in the ease of Giordano VS.. the Bran
dywine Granite Company. The case will
go to the juy uhis afternoon. Zach
side was limited TO two hours in
which to present prayers and TO make
argument 70 the jury.
MR.. WHITE PRESENTS PRAYERS
Mr.. Whlteman, in behalf of the plain
tiff, prayed the court to charge the
jury as follows:
First, to provide a reasonably safe
place .Or She servanut to work in, or
upon; second, to provide him with rea-
sonaby safe tools and machinery with
which to do his work; third to employ
reasonably competent and careful CO
workers and iellow-servants fourth, to
promulgate proper rules for the gov
eminent Il such servants, in operating
his buGiuess, where the extent OF that
business exceeds the limit of his per-
sonal supervision.
Authorities were quoted by the plain
tiff in support of the prayers.
, DEFENDAk PRESENTS PRAYER 1E
There were thirty-six requests in the
lengthy prayer submitted by the de-
fense. They held that the burden of
the proof is upon the plaintiff to es
tablish some positive act of negligence
upon the part of the defendant which
caused the accident; that if the acci-
dent happened through the negligence
of the fellow servant, the defendant is
not liable: that if the accident oc-
CURED through the incOmpetency of
the fellow servant. of which incompe-
tency the master did not know, the
verdict must be for the defendant;
that if the fellow servant, by general
reputation at the time Of the accident
was incompetent, the plaintiff is
charged with knowledge thereof, and
must be held to have assumed the risk
of such incOmpetency, and unless some
other act of negligence on the part of
the defendant is shown beyond the
employing of such incompetent fellow
servant. the verdict must be for the
defendant: that the ordinary and usual
hazards of blasting is one of the perils
incident to work in a stone quarry;
the Jury shall not infer incOmpetency
of a fellow servant from previous acci-
dents. unless such accidents are proved
to have been the result of the negli-
gence Of such fellow servant.
COUNSEL ADDRESSES THE JURY nn
Mr.. Whiteman opened his case by
asking the jury to give a verdict for
the plaintiff not only on the testimony
of the plaintiffs witnesses, but upon
the testimony of Hamilton Stewart,
James Yodes and other witnesses for
the defense. Mr.. Whiteman spoke of
how he and Mr.. Evans had gone to
the home OF Peter l.. Cooper, Jr., when
that attorney was lying at deaths door
in order to relieve Mr.. Cooper by TAX
ing the case off his hands. Mr.. White
man spoke further of the man who
had been present at the conference
held between GiordanO and Peter l..
Cooper, and who was put on the stand
by the defense and said that Giordano
told Mr. Cooper that no one was to
blame for the accident. This man was
called by the speaker Judas lscariot,
and that it would be interesting to
know how many pieces Of silver were
used to buy him.
When Mr.. Smithers arose TO reply,
he said that 1T is with regret that l
hear my name first assailed by my
own people. No one would dare to do
so at the bar where ! practice, and l
must say l have felt a shock to hear
it,"
Il meant no such insinuation against
you or any counsel" said Mr. White
man, rising.
Il accept your apology" said Mr..
Smithers Il am relieved, gentle
man." Mr.. Smithers continued. Il
honor the manliness of Mr.. White
man. l might have borne the imputa-
ton with anger in some other juris-
diction. but ] cannot do it here; il
cuts"
He continued his address to the jury
until the hour of recess. The case
will go to the jury this afternoon.