Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1913-09-25
EXPERT TESTIMONY GIVEN
Progress Made in $4,000 Suit
against Citv.
NciRhbors ana NeIntivcs of Late John
\. Leary Relate happenings Prior
to and Immediately after
His Death.

The S25 O00 negligence case against the
city growing out of the facts that Burling-
ton possesses municipal lighting plant
and that John A. Leary was found dead
IN the cellar of his grocery store on the
night of the 18th of February. 1912, pro-
crossed Thursday to the stage of intro
ducing expert testimony into the plain
tif's case. The testimony by members
of the family of the deceased concerning
the death was taken. on the whole, the
days session offered no startling disclos-
ures and save for occasional clashes be-
tween opposing counsel over the admis-
sion of evidence was inclined to bo dull.
At the time of opening court the witness
stand was occupied by Thomas Fleury,
the burlington Light and Power company
lincman who had testified to being sent
on February 81, 1872. to examine the power
companY's lines and discovering crossed
wires of the municipal plant near the
Learv store. The Cross-eAa m nation Of
this witness by II. f.. Brown fail2d to
bring OF why he climbed a pole which
carried none Of his comp1ny's wires The
witness remained unsha en- in his asser-
ton that he found the wires crossed. a
secondary wire passing over an arc wire,
AMI that at the point of intersection the
insulation was burned away
John Halihan, clerk for thu American
Express compan testfi that during
the winter In which the accident occurred
he lived on South Champaign street and
had n room directly opposite the house
at ISIS on that street an that his window
was only a few feet distan from the pole
do hot
Mr. Hallihtn testified further that within
a few weeks before the time of Mr..
Leary's death he observed at different
times a pickering light and saw sparks
near the pole opposite. He said the sparks
appeared to be where the wires crossed
over. William G. Sullivan of ISIS South
Champlain street testified to seeing
sparks also and stated further that the
lights in his bathroom were sparkling so
that he turned the switch off at his
house
Arthur S Holden. ut that time a line
man for the municipal plant testified
that on February 20 he assisted in remov-
ing the transformer belonging to the
Leary circuit. He stated that a hole was
found burned in the transformer box and
that the oil in the instrument was black
and had bad odor.
Miss Alice I.eary testified to finding
John A Leary dead in the basement of
the store on the night of February l.,
with the electric light in his hand
Harold r. I.earv, the l6 wears old son
of John 4. Learv. testified that ne was
in the store shortly before the death, and
returned after it, He said the store was
closed for n few DAYS after tho accident
two or three he thought He stated that
on the following Sunday he went into the
basement with his Younger brother. Tom
10 build a fire in the furnace and re-
ceived a shock, on attempting to move
the hanging Iirht. which caused him IN
become unconscious. and burned his hand
badly. The witness was allowed 10 show
the scars. left by the wound. to the iurv.
\ photopraph of the burned hand was
lalsc put In evidence. His Younger
brother Tom, was then MT on and told
the same story
Thomas Learv. brother Of the deceased
man and administrator of tho estate was
IncXt on tho witness stand He testified
about his brothers. previous health and
| the reason for his coming to Rur.linrton
Mr. Lcarv said his brother conducted a
farm and creamery TN Joricho before com.
ling ia Rurlinrtnn and was in IN, babi,
of working hard He said his brotbo,
| came Ia Rrrlinrton TO educate his chill.
|