The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1910-03-24
ARGUMENTS HAVE BEGUN


day Afternoon, Boring Holes Ia
Coniicting Evidence. Arguments
VIII BE Concluded Today and
Cause Probably Given to Jury.
The arguments in the Duggan--
Heaphy case were reached yesterday
afternoon and it is expected that
tn jury will retire with the case
shortly afternoon today.
On Wednesday morning The first
witness put ON by the defense was H.
j. Heaphy, the defendant. who was
followed by his wife. Their testimony
was to the effect that Nellie Cashen,
the head laundress, asked for a vaca-
ton of week or ten days and that
TINS request was granted. A few days
after that the defendant and his wife
were to leave for visit in Bratle-
boro and before leaving Mrs Heaphy
went to the laundry to give instruc-
lions as to it's operation while she
was away. Mrs Heaphy testified that
she told Miss Duggan that Mrs. Cash
Ell was to be away and that the man
gle was not to be used during her ab
sence. She further told the plain
tiff that she, Mrs. Heaphy, was also
to be away during a part of the time.
She said that she told Miss Duggan
that whatever ironing had to be done
during the time should be done by
hand and that the mangle should not
be operated. Witness stated that
Miss Duggan said she could run the
mangle, but witness repeated her in
struotions to the effect that the ma
chine should not be rum.
Mrs. Heaphy further stated that She
told Miss Duggan that if it were nee
essary she could recall Mrs. Cashier,
but Miss Duggan said that this would
not be required. Witness said she
told Miss Duggan thai. she would be
at home again Monday and that She
, would do what mangling was neces-
sary.
In the afternoon Mrs. Casnen and
Miss Duggan were both put on the
stand, but owing to exceptions being
taken to certain questions they were
not used more than five minutes each.
The arguments were then taken UP.
F. L. Laird opening for the plaintiff.
Mr.. Laird summed up the case as
the plaintiff had endeavored to put it.
and told what they had tried to prove.
He then turned to the facts in the
evidence. He called the attention of
the jury to the fact that the reason
Mrs. Cashen was allowed to take a
vacation was that 1T was a dull time
and the defendant was in hopes to
save a few pennies by not having 10
pay her wages. With reference to
the statement made by the defend
ants witnesses that Mr.. Heaphy did
not know of the guard rail, the
speaker regarded it as absurd, as It
/ was not a pin or a needle, but a rod
of brass and had hung in the laundry
supply room for two years. He called
the attention of the jury to the fact
/ that when hey went to the scene OF
the accident and Mr. Heaphy attemp1-
ed to turn on certain valves in con-
nection with the mangle ha had to
call a big burly man, which, said
the speaker, showed thai. Miss Dug
gan had never turned the valve in
question and therefore could not have
started the mangle without any help
as had been testified to-
Further, s'said Mr.. Laird, consider
The fact that Mr.. Heaphy did not see
the plaintiff from the day of the in
| jury to the day of Elhe first trial. He
wanted to knew what sort of spirit
this showed He said that the whole
matter was summed up in the greed
of the defendant. Mr.. Heaphy. said
! MI i-dilu, llIleu W save IL lew pdltl
cents, without regard to the conse.
quences. He neglected to instruct
an inexperienced hand in the worA-
ing of a machine that others, employ
ed in the laundry, called dangerous.
II. C. Shurtleff opened for the de-
Tense and considered some of tho
points made by the first speaker fol
the plaintiff. He held that evidence
tended to show that Mr.. Randis was
correct in his testimony and chat that
Testimony had been corroborated and
not denied. He held that Miss Dug
gam had been instructed by Mrs
Heaphy that the mangle was not to be
know how and that Miss Duggan and
herself were away. He held that, as
this was the case, when she started
the mangle she assumed the risks
of which she had been warned He
said that the reason Mr.. Heaphy had
so much trouble i'm opening the Wa
ter valve was because he did not
known how and that Miss Duggan and
the others in the laundry did know
how. Fur her. said he, Miss Duggall
had admitted that her work included