Transcript of Record — Cortes v. Baltimore Insular Line, Inc.
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SUPREME COURT OF THE UNITED STATES
OCTOBER TERM, 1932
No. 12
RAFAEL CORTES, AS ADMINISTRATOR OF THE
GOODS, CHATTELS, AND CREDITS OF VICTOR
MANUEL SANTIAGO, DECEASED, PETITIONER,
vs.
BALTIMORE INSULAR LINE, INC.
ON WRIT OF CERTIORARI TO THE UNITED STATES CIRCUIT
COURT OF APPEALS FOR THE SECOND CIRCUIT
INDEX
Original Print
Record from district court of the United States, Southern
BOW KOU. bis ewdocdovesdccvccsccincecdtcesdecresesccoces 1 1
IE ag a cbs bb.6 Wd don eb Gs Sdb40d 0 caves eneenb eas 1 1
Complaint ..........++6. Nabbed se be .os hws daadbes-en vee 2 1
Stipulation amending complaint.............eeseeeee0s 7 4
DI MSN ins cine can ciscncesasececssccdssebeneee 8 4
Plaintiff's amended bill of particulars...............- 11 6
Bill of exceptions. ........ccccccsccccccsssesssecsseces 14 7
APPORTANCES 20 .cccccccccccrccccccccscccccecescces 14 7
Testimony of Juan Lopez.........0+seeeeeeeereees 16 8
| Louis Rodriguez..............e0000. 44 33
Jacob Montilla.........eeecceeeeeeee 54 42
Carmen Santiago..............+..05 58 46
Thomas C. Kienzle................+ 63 50
Miguel Rosado.........eeesseeeecees 101 81
TUAN COLO. .ceccedvsvcsrccceccvsseces 108 87
Jupp & DerwerLer (INC.), PRINTERS, WASHINGTON, D. C., SEPTEMBER 14, 1932
Motion to dismiss sid elaine pW hee chi ccba ser eee seep
Testimony of Milton Williams. Pb bu Wewa'ere ¥'ti6 6renes0
Zack W. Cullisom.......-+0-eeeeeees
John W. Callis..........+.- Sansa
Motion to amend pleadings. .......++++++- boweeess
Testimony of Axel Tornquist.....----seeeereereres
John Paul Kounse.......- Pt Cane Es SG «
Dr. Horace S. Baldwin........--++-+-
Dr. Nelson W. Cornell.......-+-+++>
Rupert Fielding......-- SAE EG Se WP ee
Clyde A. Thomas........- cakwanseeue
Cecil Deelande.......-+++++- Sa hed al
Sotero Escabi.........-eeeeeeeeerees
Motions to dismiss and for directed verdict......--
Motion to amend complaint......-++eeeeeeeereers
Charge to jury....----++++> RAO SRR SO Ge a
Requests to charge.....-++++++++++ er Per site
Verdict ....-- WRK CPE CPS eck kaphis Dobe p a>
Motion to set aside verdict......--+seeeeereeeees
Plaintiff's Exhibit 2—Extract from hospital records,
Defendant’s Exhibit “B’—Record of temperatures
eee ee reer errr eee Sees seesesesaseessesoeesere
Pee eee e coer ee eoeeeees
motion to amend Judgment Ess db keesperts bd es alone ®
Citation.........+++ Si beneNe ... (omitted rai orinting) « 229
Order allowing appeal......--- iM veees EGake we ae we sale. ae 185
Petition for order allowing appeal....cceessereeeeeers 231 185
Assignment of errors....- cenevdeocaeeecoeceeneces een aoe 186
Stipulation as to record.......+sssrseeeeseesserseeses 235 187
Clerk’s certificate...... Pe ewue's (omitted in printing) .. 236
Proceedings in United States circuit court of appeals, second
circuit ......-eeeee Socathuees ss Katee as Seu een yale pae.sih en b 237 187
Opinion, Swan, J......sscececeeerrerecesecsseerreeeseee® 237 188
Judgment .....--seeeseeeeeecreeeeereee Lie ob igtica'a bwid ee ee -- 240 193
Order staying mandate......-+-++reerrereereee as cceeseun 242 194
Affidavit of Jesse L. Rosenberg.....--+++++rerererrcrrreee’ 244 194
Plaintiff's Exhibit No. 1—Letters of administration. . 248 198
Affidavit of H. Victor Crawford. ....+-seeee+% Se Sai ste ate alc aD 199
Order denying motion to amend transcript of record.....- .. 253 202
Petition for rehearing....--++-++++> (omitted in printing). . 255
Order denying rehearing.....-- itp eite MERU Eh o 6 EM a O06 0-006 252 202
Clerk’s certificate. ......--eeeeerrees (omitted in printing).. 264
Order allowing certiorari.....---+++s+rssrte* Se page ae 202
peasants re
{fols. a-1]
IN UNITED STATES DISTRICT COURT, SOUTHERN
DISTRICT OF NEW YORK
Raraget Cortes, as Administrator of the Goods, Chattels,
and Credits of Victor Manuel Santiago, Deceased,
Plaintiff,
against
Battimore Insunar Ling, Inc., Defendant
Summons
To the above-named Defendant:
You are hereby summoned to answer the complaint in
this action, and to serve a copy of your answer, or, if the
complaint is not served with this summons, to serve a
notice of appearance, on the plaintiff’s attorney within
twenty days after the service of this summons, exclusive
of the day of servi ec. In case of your failure to appear or
answer, judgment will be taken against you by default for
the relief demanded in the complaint.
Witness the Honorable, John C. Knox, Judge of the Dis-
trict Court of the United States for the Southern District
of New York, at the City of New York, this 26th day of
December, A. D. 1928.
Alex. Gilchrist, Jr., Clerk. Jesse L. Rosenberg,
Plaintiff’s Attorney. Office & P. O. address: 15
Park Row, Borough of Manhattan, City of New
York.
[fol. 2] In Unirep States District Court
[Title omitted]
CoMPLAINT
The plaintiff above named, complaining of the defend-
ant, alleges upon information and belief:
I. That on or about the 15th day of November, 1928,
Rafael Cortes, the plaintiff herein, a resident of the
1—12
2
Borough of Brooklyn, County of Kings, State of New
York, was appointed Administrator of the goods, chattels
and credits of Victor Manuel Santiago, Deceased, who died
intestate on or about the 23rd day of October, 1928, leaving
surviving Baldomero Santiago, his father, and Carmen
Santiago, his mother, and that said father and mother
were at the time of the death of Victor Manuel Santiago
dependent upon him for their support and maintenance,
and are all his next and only next of kin, that limited letters
of administration were duly issued to the plaintiff by the
Surrogate of the County of Kings, and that he duly quali-
fied as such administrator and is still acting as such.
[fol.3] II. That at all of the times hereinafter men-
tioned, the above named defendant was and still is a cor-
poration organized and existing under and by virtue of
the laws of the State of Maryland, and that said defend-
ant has an office for the regular transaction of business in
the Borough of Manhattan, City of New York.
III. That at all of the times hereinafter mentioned, the
defendant was the owner or leased a. certain steamship
known as the ‘‘Delisle’’.
IV. That at all of the times hereinafter mentioned, the
defendant operated and controlled a certain steamship
known as the ‘‘Delisle’’.
V. That at all of the times hereinafter mentioned, the
above named steamship ‘‘Delisle’’ was employed as a mer-
chant vessel.
VI. That at all of the times hereinafter mentioned, the
decedent was in the employ of the above named defendant
on board the steamship ‘‘Delisle’’ in the capacity of a Sea-
man.
VIL. That on or about the 10th day of October, 1928, the
said vessel departed from the port of the City of New York
bound to the port of Boca Grande, Florida. That when said
vessel was moored in the said port of Boca Grande, de-
eedent became ill and took to his bunk. That after taking
to his bunk decedent became seriously and dangerously ill
and remained in that condition for several days, and during
said time he was not given any medical care or attention.
That meanwhile said vessel left said port and proceeded
, 3
along the coast of Florida, and said vessel passed several
[fol.4] vessels from whom assistance for the decedent
could have been obtained, but the officers of said vessel
failed to do anything to so assist the decedent. That the
quarters in which decedent remained were dangerously
cold for anyone who was critically ill as was the decedent,
and the heating apparatus was defective and no heat was
provided for the quarters in which the decedent was lying
dangerously ill as aforesaid. That said quarters were
filthy and unsanitary and decedent’s bedding was not prop-
erly attended to while he was so dangerously ill and he
was not provided with sufficient bedding to keep himself
warm. That defendant failed to place and keep the de-
cedent in the hospital room on said vessel during said time.
That during the time decedent was ill as aforesaid, he was
provided with insufficient and improper food. That when
said vessel dropped anchor off Sandy Hook, New Jersey,
which was the first stop from Boca Grande, Florida, no
steps were taken to provide the decedent with medical care
and attention although he was in great need of same and
although he had been seriously and dangerously ill for
several days prior thereto. That the vessel left Sandy
Hook, New Jersey and arrived in Carteret, New Jersey, on
the following morning and even then no proper attention
or care was given to the decedent although he lay danger-
ously and seriously ill and was about to die. That on the
same day in the latter part of the afternoon an ambulance
arrived from a hospital and took the decedent to a hospital.
That on the following day decedent died.
VIII. That the death of the decedent as aforesaid resulted
through the carelessness, recklessness and negligence of
[fol. 5] the defendant who was under a duty to furnish the
decedent with proper attention, treatment and care and
failed to do so, and who negligently, carelessly and reck-
lessly allowed the decedent to meet with his death as afore-
said.
IX. That solely by reason of the negligence of the de-
fendant as above set forth, and without any fault on the
part of the decedent, the next of kin of the decedent were
damaged in the sum of Fifty thousand ($50,000.00) Dollars.
——
4
Wherefore plaintiff demands judgment against the de-
fendant for the sum of Fifty thousand ($50,000.00) Dollars
as damages, together with the costs of this action.
Jesse L. Rosenberg, Attorney for Plaintiff. Office
& P. O. address: 15 Park Row, Borough of Man-
hattan, City of New York.
[fol.6] Duly sworn to by Jesse L. Rosenberg. Jurat
omitted in printing.
[fol. 7] In Unrrep States Disrricr Court
[Title omitted]
SrrpuLaTION AMENDING CoMPLAINT
It is hereby stipulated by and between the attorneys hereto
that at the trial of the action herein it will be admitted by the
defendant that the defendant, Baltimore Insular Line, Inc.,
at all the times mentioned in the complaint herein was and
still is a corporation organized and existing under and by
virtue of the laws of the State of New Jersey and that the
complaint herein may be amended accordingly.
Dated New York, May 5th, 1930.
Jesse L. Rosenberg, Attorney for Plaintiff. Hunt,
Hill & Betts, Attorneys for Lefendant.
[fol. 8] In Unrrep States District Court
[Title omitted]
AmeENDED ANSWER
The defendant herein, answering the complaint by its
attorneys, Hunt, Hill & Betts, alleges on information and
belief as follows:
First. It denies that it has any knowledge or information
sufficient to form a belief as to any of the allegations con-
tained in paragraph numbered ‘‘1’’ of the complaint herein.
Second. It denies the allegations contained in paragraph
numbered ‘‘I1’’ of the complaint herein.
Third. It admits the allegations contained in paragraphs
numbered ‘‘III’’, *‘IV’’, **V’’ and ‘*VI”’ of the complaint
herein.
Fourth. Answering paragraph numbered ‘‘VII’’ of the
complaint, defendant admits that the steamship ‘‘ Delisle’
sailed from New York on or about October 10, 1928, bound
for the port of Boca Grande, Florida. It denies that when
said vessel was moored in the said Port of Boca Grande
(fol. 9] decedent became ill and took to his bunk, and alleges
that the day after the steamer left Boca Grande for the port
of Carteret, New Jersey, and while the said vessel was at
sea, the defendant became ill and took to his bunk. It al-
leges that the decedent was not placed in the hospital room
on said vessel during the voyage, because the hospital room
is intended for persons suffering from contagious diseases
and far removed from the quarters of the crew and where
decedent could not have had the care and observation which
he had in the seamen’s quarters forward. It denies each and
every other allegation contained in paragraph numbered
**VIT’’ of the complaint.
Fifth. It denies the allegations contained in paragraphs
numbered ‘‘VIII’’ and ‘‘IX”’ of the complaint herein.
For a further and separate defense, and repeating all the
foregoing allegations, admissions and denials in the first
five paragraphs of this answer, defendant alleges :
Sixth. That the decedent’s illness and subsequent death
were caused or contributed to by the negligence of the de-
cedent in failing and refusing to take the medicines which
were prescribed for him on board said vessel, and in failing
and refusing to keep his bed-clothing over him during the
voyage, and in failing and refusing to keep to his bunk, and
in failing and refusing to obey the instructions of the master,
officers and steward of said vessel with reference to his diet
and conduct during said voyage.
Wherefore this defendant demands judgment against the
[fol. 10} plaintiff, dismissing the complaint with costs.
Hunt, Hill & Betts, Attorneys for Defendant. Office
& P. O. address: 120 Broadway, Borough of Man-
hattan, New York City.
_ Duly sworn toby C. F. Heitmann. Jurat omitted in print-
ing.
6
{fol.11] In Untrep States Districr Courr
[Title omitted]
PuaIntTiFF’s AMENDED B1iLu or ParTICULARS
Plaintiff, for his amended bill of particulars, by his at-
torney, Jesse L. Rosenberg, Esq., alleges as follows upon
information and belief:
1. Decedent contributed to the support and maintenance
of Baldomero Santiago, his father, and Carmen Santiago,
his mother, approximately the sum of $770.00 for the two
years prior to his death, which is calculated in the follow-
ing manner: $5.00 a week from October, 1926, to April,
1927, and $10.00 a week from April, 1927, to April, 1928,
and $20.00 a month thereafter up to the time of his death.
2. Baldomero Santiago is 51 years of age and resides at
Salistral Street, Playa Ponce, Porto Rico, and was formerly
a cigar maker but is now a laborer. He is at the present
time living with Carmen Santiago, his wife, the mother of
the deceased.
[fol. 12] 3. Carmen Santiago is 52 years of age and re-
sides with Baldomero Santiago, her husband, at Salistral
Street, Playa Ponce, Porto Rico, the father of the deceased.
She is a housewife.
4. The plaintiff, administrator, was a half-brother of the
deceased. His mother’s name is Carmen Santiago and his
father’s name was Juan Cortez.
5. Decedent was seventeen years of age at the time of
his death.
6. The defendant was careless, reckless and negligent
and failed in its duty to furnish decedent with proper at-
tention, treatment and care, as alleged in paragraph num-
bered ‘‘VIL’’ of the complaint, and said allegations in para-
graph ‘‘VIIL”’ are the general allegations of negligence upon
which the plaintiff will reply on the trial of this action.
Jesse L. Rosenberg, Attorney for Plaintiff, 15 Park
Row, Borough of Manhattan, City of New York.
[fol.13] Duly sworn to by Jesse L. Rosenberg. Jurat
omitted in printing.
7
[fol. 14] In Unrrep States District Court, SourHERN Dis-
TRICT OF New York
Rarart Cortes, as Administrator of the Goods, Chattels,
and Credits of Victor Manuel Santiago, Deceased, Piain-
tiff,
against
Bautimore INsuLar Linz, Inc., Defendant.
Bill of Exceptions
Before Hon. Robert P. Patterson, J., and a Jury
New York, June 18, 1930.
11:00 o’clock A. M.
APPEARANCES
Jesse L. Rosenberg, Attorney for Plaintiff.
Hunt, Hill & Betts, Attorneys for Defendant (by H. V.
Crawford, of Counsel),
A jury was duly impaneled, examined and sworn.
Mr. Rosenberg: In paragraph two of the complaint it is
alleged that the defendant is a corporation organized and
existing under the Laws of the State of Maryland. It has
been conceded by the defendant that that is an error, and
that the defendant is a corporation organized under and
[fol. 15] by virtue of the Laws of the State of New Jersey;
and I ask that the complaint be amended accordingly.
The Court: The motion is granted.
Mr. Rosenberg: I ask that the defendant concede that
the deceased was earning $40 per month, with maintenance,
on board this ship on which he was before he died.
Mr. Crawford: That is not alleged, but I will concede
it, subject to checking the figure,
Mr. Rosenberg: All right. I ask the defendant to con-
cede that the temperature—what the fahrenheit tempera-
ture of this man was during the days he was on this ship
sick. You may read it into the record.
Mr. Crawford: At 5:45 P. M. October 17, 104 degrees,
12:00 midnight 102 degrees.
8
7:00 A. M. on October 18, 104 degrees.
7:00 A. M. October 19, 103 degrees.
7:00 A. M. October 20, 103 degrees.
7:00 A. M. October 21, 103 degrees.
8:30 A. M. October 22, 103 degrees.
The Court: What is the range of those temperatures?
From 103 to 104?
Mr. Rosenberg: Yes, your Honor, from 103 to 104, and
on the 17th at midnight it was 102. The ship left on the
16th.
I will offer in evidence the letters of administration
granted to Rafael Cortes, the plaintiff in this case.
Mr. Crawford: No objection.
(Paper marked Plaintiff’s Exhibit No. 1.)
{fol.16] Juan Lopez, called as a witness on behalf of the
plaintiff, being duly sworn, testified as follows:
Direct examination.
By Mr. Rosenberg:
. Mr. Lopez, were you a seaman on board the steam-
‘‘Delisle’’ in October, 1928?
. Yes, sir.
What were you? An ordinary or able bodied seaman?
I was an A B.
An A B seaman?
Yes, sir.
And that means able bodied, is that right?
Yes, sir.
Where did you join the ship? .
as joined the ship in South Brooklyn. I don’t remem-
the pier.
In South Brooklyn, New York?
: aon.
And you went with the ship to Florida?
To Boca Grande, yes, sir.
And was Victor Manuel Santiago on that ship?
. Yes, sir.
What was he on that ship?
. He was an ordinary seaman.
2]
=a
POPOPOPO" bOPOPOPOP SO
be
9
Q. Before you got into Boca Grande did you notice the
weather? What kind of weather did you have?
A. We got sometimes cold weather and sometimes——
Q. (Interposing.) I mean was it rainy or dry?
A. Two days before we got to Boca Grande it was
raining.
Q. Do you know what day you got to Boca Grande?
A. We arrived on Tuesday.
Was i* October 16, 1928?
. Yes, sir.
- And what time of day?
. We arrived about seven o’clock, I think, in the morn-
In the morning?
Yes.
. And what time did you leave Boca Grande?
. We left after five o’clock.
[fol.17] The Court: The same day?
The Witness: The same day, yes.
Q. Where did Victor Manuel Santiago sleep on that
ship?
A. He slept forward, in the forecastle head.
Q. Is that the forward part of the ship?
A. The forward part of the ship, yes.
Q. And how many sailors were living and sleeping in
that part of the ship?
A. Eight sailors.
Q. And were the firemen sleeping in that part of the
ship too?
. They slept on the other side, on the port side.
- Was the forecastle head divided into two parts?
- Into two parts, yes.
And the fireman slept on the port side?
. On the port side.
And the seamen slept on the starboard side?
Yes.
And how are your bunks arranged in that forecastle?
- Well, our bunks were two—one down and one on top,
you see, and the toilet was in front.
Q. There was a toilet in front?
A. In front of the sailors’ quarters.
5°
POPOR POO
POrPOrPObPOD
10
Q. In front of the sailors’ quarters?
A. Yes, toilet and bath together.
Q. Does that mean right in the bow of the ship?
A. Yes.
Q. And was there a passageway between the firemen’s
quarters and the sailors’ quarters?
. Yes, sir.
. But it was all under one roof?
. Yes, sir.
. Were there port holes in the sailors’ quarters?
. Two of them, yes.
And where were those two port holes?
. In the skin of the ship.
[fol. 18] Q. And was there any port hole going into the
sailors’ quarters toward the well-deck? I mean, looking out
into the well-deck from the sailors’ quarters, would there
be any port hole there?
A. Two in the skin of the ship, and two looking back.
Q. And does that mean two on the stern side of the fore-
castle quarters, is that right?
A. Yes, sir.
Q. And was there a porthole in the lavatory or not?
A. There was one porthole in the lavatory.
Q. Now, do you remember whether Victor Manuel San-
tiago took sick on that voyage?
A. Yes, sir, I remember that.
Q. When to your knowledge did-Santiago take sick? On
what day?
A. Well, on Wednesday, after we left.
Q. What was the condition of his health on Tuesday
afternoon when the ship left Boca Grande?
A. On Tuesday he was with a fever, because I touched
his face, and it was very hot.
Q. And what about his condition Tuesday evening or
Tuesday night?
A. Tuesday night he went to bed, and he was very sick.
Q. What did you observe as to Santiago’s condition
Wednesday morning? October 17?
rPOrPOor>OoD
The Court: Tell us what you saw.
Q. Yes, just say what you saw?
A. On Wednesday morning he was laying in bed with a
great fever. I touched his face, and he had a great fever.
11
Q. Did you see the first mate of that ship on Wednesday
morning?
A. Yes, I saw the mate.
Q. And where did you see him on Wednesday morning?
[fol.19] A. I saw the first mate on the bridge about
seven-thirty in the morning.
Q. And after that did you see the first mate in the fore-
castle, after that?
A. About a quarter to eight he went to the sailors’
quarters—about seven forty-five.
Q. And were you present in the sailors’ quarters at that
time?
A. Yes, sir, I was present there.
Q. And what did you see or observe at that time with
reference to Santiago and the first mate?
A. Well, the mate told him, ‘‘I think you are sea-sick ;
you are a little lazy; you must go to work.’’
And what did Santiago do?
. He got up and he went to work, you see.
. And how long did he work?
- He worked to twelve o’clock.
. And after that what did Santiago do?
- He went to bed after twelve o’clock.
And after he went to bed did he ever get up again
as far as you know, until the ship arrived in the port of
Carteret, New Jersey?
A. He can’t get up.
Q. Well, did he get up?
A. No, sir, he didn’t get up.
Q. Now, tell us what you observed about Santiago’s con-
dition on Wednesday night; that is, on Wednesday after-
noon or Wednesday night? That is the day after the ship
left Boca Grande.
A. Well, on Wednesday after six o’clock or maybe seven
o’clock—I don’t remember the exact time—but the third
mate went there with a thermometer to take his tempera-
ture.
Q. Go ahead.
A. And after he took his temperature, he says, ‘‘He got
104 degrees fever,’’ and then I didn’t see him coming to
the sailors’ quarters any more.
[fol.20] Q. What did you observe yourself as to San-
tiago’s condition on Wednesday evening?
OrPOoPObO
12
A. He says he feel pains in the chest and the stomach.
He called for his mother and father. He was crazy, calling
for his mother and father.
Q. Did you notice anything else about his condition that
night?
A. Well, that night all the time he called a fellow named
‘*Rosado’’.
Q. And what else did you notice about his condition that
night, that you remember?
A. Well, that night
Q. (Interposing.) Did you notice anything about his
breathing?
A. He was breathing hard, and he had a fever. I touched
his face, and it was very hot.
Q. State anything else that you did notice?
A. He was breathing hard, and his lips were blue.
Q. Did you do anything yourself at that time about
Santiago? What did you do that Wednesday night?
A. That night?
Q. Yes?
A. Well, after that I went to sleep.
The Court: Did you do anything for him to help him?
The Witness: That night?
The Court: Yes.
The Witness: I can’t do anything.
Q. When did you first notice that his lips were blue?
A. Well, Wednesday after the mate came to the sailors’
quarters.
Q. Now, tell us about the bedding on the bunk in which
Santiago was sleeping?
A. The bedding was completely dirty. He had a blanket
and a pillow case.
Q. Did he have a mattress?
A. Yes, sir, an old mattress.
[fol.21] Q. Did he have any sheets?
A. No, sir, we have no sheets.
Q. Was the blanket a heavy blanket or a light one?
A. It was a heavy blanket, but it was broke.
Q. It was what?
A. It was broke; it was an old one.
Q. Were his bed clothes, as far as you know—in the first
place, what time of the day during that trip north were you
engaged in your work?
—— 13
A. I was working from eight o’clock to twelve, and from
one o’clock to five o’clock.
Q. And after that you were free?
A. Yes, sir, after that I was off.
Q. After work where did you go and spend the rest of your
time?
A. When I got through at five o’clock, I got to take a bath
and go to sleep.
Q. Is that in the sailors’ quarters?
A. Yes, sir.
Q. Did Santiago have the same bunk during the entire
voyage north on this trip?
A. A fellow named Rosado changed bunks with him. His
bunk was on the skin side of the ship, and was down.
The Court: When did they change bunks?
The Witness: They changed on Thursday.
The Court: They changed on Thursday?
The Witness: Yes, sir.
Q. Who changed them?
A. Rosado.
Q. Did any of the officers change them?
A. No officers were there.
Q. When you changed him from the bunk on the skin of
the ship——
A. (Interposing.) No; on the passageway.
Q. Which passageway was between the firemen’s and the
[fol. 22] sailors’ quarters, is that right?
A. Yes, sir.
Q. On which side of the ship in the forecastle was San-
tiago sleeping first before you changed him? On the star-
board side or port side?
A. He was on the starboard side.
Q. He was on the starboard side?
A. Yes.
Q. And then they took him toward the passageway?
A. Yes, sir.
Q. That is alongside of the bulkhead, which was between
the passageway and the sailors’ quarters, is that right?
A. Yes, sir, that is right.
Q. And that passageway separated the firemen’s quar-
ters from the sailors’ quarters?
A. Yes, sir.
14 ee
Q. In the forward part of the ship?
A. Yes, sir.
The Court: He was moved that day from a bunk on the
outside to a bunk toward the middle of the boat, is that
right?
The Witness: Yes, sir, toward the middle.
Q. Now, when you moved him did you get any blankets
or sheets or a mattress for him?
A. No, sir.
Q. What was the condition of the mattress, the blanket,
and the pillow case that he had when you did move him?
A. It was very dirty, because sometimes water from the
toilet in the sailors’ quarters runs down.
Q. Go ahead.
A. The sailors’ quarters were dirty, because the mess-
boys never cleaned it, and the lavatory is foul and smells,
and sometimes somebody throws paper in that small hole,
and the water don’t go out, and this water comes into the
sailors’ quarters, and it was wet all the time there.
[fol. 23] The Court: Who was supposed to clean it out?
The Witness: The sailors were supposed to clean it up,
but they don’t give the sailors time to clean it. He says he
will give time to clean it, but he never does. Sometimes we
cleaned it.
The Court: Were you a friend of this man Santiago?
The Witness: I never seen him-before. The first time I
saw him was when we got on the boat together.
The Court: To go on this trip down to Florida?
The Witness: Yes, sir.
The Court: You saw he was sick —
The Witness: Yes, sir.
The Court: And did you and the other sailors clean the
room out at all, when you saw he was sick?
The Witness: Well, somebody cleaned the room. I see
somebody clean the room, but not at other times.
The Court: Some sailors did clean it up after they saw
he was sick?
The Witness: Yes, sir, some sailors.
Q. How much of the time on the trip north was the fore-
castle clean to your knowledge, and how much of the time
15
was it dirty from this water from the lavatory, that you
have talked about?
A. It was dirty all the time.
Q. But you say sometimes it was clean?
A. No, because the water comes again after you dry it.
The Court: The water would come back again?
[fol.24] The Witness: Yes,
The Court: You say most of the time it was dirty, is that
right?
The Witness: Yes, sir.
Q. Tell us exactly where in the lavatory this water came
from?
A. Somebody took a bath in the lavatory, and then there
is plenty of papers there, and it is a small hole only for the
water to go out.
Q. Where is this hole?
A. In the closet.
Q. Running from where?
A. The hole?
Q. Yes?
A. The hole is in the side.
Q. Well, was it in the bulkhead or where was it? Where
did the hole run from? From where to where?
_ A. It ran from the lavatory. That hole ran outside the
ship.
Mr. Crawford: A seupper hole?
The Witness: There is an old plate there, with plenty
of rust coming out, and the water gets in that way. Itisa
bad plate.
Q. Well, how far—the toilet was right in front of the
sailors’ room, is that right?
A. Itis not far. There is only a division there.
Q. You mean there is a bulkhead between the lavatory
and the sailors’ forecastle?
A. Yes.
Q. And where was this hole, or describe where this water
ran to from the lavatory? Where did it run to?
A. Well, the water must run outside the ship, before get-
ting into the sailors’ quarters, but as soon as the papers get
in the hole, the hole gets closed.
16
Q. You mean that the water was supposed to run outside
of the ship?
A. Yes.
[fol. 25] Q. But instead of running outside of the ship, it
ran back into the sailors’ quarters?
A. Yes, sir.
Q. Now, tell us about the bed clothes? First, tell us who
took Santiago to the lavatory when it was necessary for
him to go, while he was sick?
A. Well, two sailors took him, one by each hand. The
- first time after he could not get —, he shit in his bed and
pissed there too.
> Did he have a bedpan in his bunk?
A. A what?
. Did the officers supply Santiago with a bedpan?
. No, sir.
. Did this ship have a wireless on board?
. Yes, sir, we got wireless.
. And when you left Boca Grande what ports, from your
own knowledge, did you pass?
A. We passed all the Florida coast.
Q. Now, on Wednesday, October 17, can you remember
what ports you were passing at that time?
A. On Wednesday?
Q. Yes.
A. Well, on Wednesday I don’t remember, but I saw the °
lights or saw the shore.
Q. Does that mean Wednesday night?
A. Yes, sir.
Q. Did you see any lights on Wednesday night?
A. Yes, sir.
Q. What do you remember about Thursday with refer-
ence to the shore?
A. Well, on Thursday I see—I think it was Miami I seen
Thursday.
Q. When did you or about what day was it that you left
the shore, that you could not see the shore, that you re-
member?
A. Oh, about three days after we left Boca Grande, to get
to Cape Hatteras.
The Court: How many days was it—one, two, three or
how many—before you stopped seeing the lights on the
[fol. 26] shore, after you started, do you remember?
OPOoOrPop
17
The Witness: Well, about three days after we left Boca
Grande we don’t see the lights on the Florida coast.
The Court: So you think you saw the lights Wednesday
night?
The Witness: Yes, sir.
The Court: Tuesday night and Wednesday night and
Thursday night?
The Witness: Yes, sir.
The Court: Is that it?
The Witness: Yes, sir.
Q. Now, after Thursday night you went out further away,
is that right?
A. Yes, sir.
Q. To sea?
A. Yes, sir.
Q. Now, did you pass any ships as you went north to
Carteret?
A. We passed plenty of passenger ships and freight
ships, yes.
Q. Could you see them clearly?
A. Oh, sure I could see them.
Q. Now, what was the condition of Santiago on Thurs-
day?
A. Well, on Thursday he was breathing very hard, and
called his father and mother and brother. He was like
crazy—the same like crazy.
Q. What did you observe about him on Friday night?
A. On Friday night?
Q. I mean on Friday.
A. On Friday night he was just the same.
Q. And what did you observe about him on Saturday?
A. On Saturday?
Q. Yes.
A. On Saturday I see him all the time the same. All the
time he was the same,
Q. Now, do yon remember when the ship anchored before
[fol. 27] she got to Carteret? Do you know what date that
was?
A. Well, we anchored that evening at six o’clock, Sunday
evening.
Q. That would be Sunday, October 21?
A. The 21st, yes.
2—12
18 .
The Court: Where did you anchor?
The Witness: In the river.
Q. Well, how far away from Carteret were you when you
anchored?
A. It took about one hour to go from the place where we
were anchored before we got to Carteret, New Jersey.
Q. Before you got to where?
A. Before we got to Carteret, New Jersey.
Q. To Carteret?
A. Yes. They discharged rock at Carteret, New Jersey.
The Court: You had a cargo of rock that you picked up at
Boca Grande?
The Witness: Yes.
The Court: Where is Carteret?
Mr. Rosenberg: Off Staten Island.
The Court: On the New Jersey side?
Mr. Rosenberg: Yes, sir.
Q. Were you in the forecastle at any time while the ship
was at anchor?
A. Yes, I was in the forecastle.
Q. And do you know how long the ship was at anchor?
A. The ship was anchored there from Sunday evening
until Monday morning.
Q. Until what time Monday morning?
A. About six o’clock Monday we raised the anchor to go
to Carteret.
Q. And what time did you get info Carteret?
A. Maybe about seven o’clock or a couple of minutes
more. It was about one hour.
[fol. 28] Q. Now, during the time the ship was at anchor
were there any other boats around your boat?
A. I see plenty of tugboats passed there.
Q. Did you see the officers of your ship enter the fore-
castle or do anything for Santiago during the time the ship
was at anchor?
A. I don’t see the officers there.
Q. Did you see the captain on that day, on Sunday?
A. I saw him on the bridge that day.
Q. You went to the captain, did you?
A. Yes, sir.
Q. Did you tell the captain anything about Santiago at
that time?
19
A. I told him the condition of the man, that he was sick,
and he told me ‘All right,’’ and they were going to send
him to the hospital.
Q. And what did you tell the captain at that time?
A. On Sunday?
Q. Yes.
A. I told him, the captain, ‘This man is very sick, and if
you don’t send him io the hospital, I think maybe he die,
because he is like crazy and calling his father and mother.”’
Q. And did the captain go with you to the forecastle at
that time?
A. No, sir, he didn’t go with me.
Q. Well, did he send any officer or anybody to the fore-
castle at that time?
A. No, sir.
Q. Now, how long after you told the captain about the
condition of Santiago was it that Santiago was taken off the
steamship ‘‘Delisle’’?
A. I remember he was taken off after three o’clock on
Monday.
Q. That is, the following day?
A. Yes, sir.
Q. Was it three o’clock or later than that?
A. It was later than three o’clock.
(fol. 29] Mr. Rosenberg: It is stipulated that the ambu-
lance from the Marine Hospital met the patient at the ship
at 4:20 on Monday, October 22, and that he arrived at the
hospital at 5:45 P. M. on Monday, October 22.
Q. Did you ever have occasion to talk with the captain
about Santiago’s condition before Sunday?
A. Before Sunday?
Q. Yes.
A. Yes, sir, before Sunday one time.
Q. If so, when? What day was it?
A. It was on Thursday before Sunday.
Q. And what did you tell the captain at that time?
A. Well, I told the captain that this fellow was like crazy,
and if he can get some chicken soup for him.
Q. What did the captain do?
A. He said ‘‘Tell the mess boy.’’
Q. Did you see the mess boy go in with chicken soup
after that?
20
A. I never seen him.
Q. Now, during the night time and in the evening after
you left work, when you were in the forecastle, what at-
tention, if any, did you see that was given to Santiago while
the ship was going north?
A. He was given the attention that the sailors can give
him. Only the sailors gave him attention.
Q. Did you see the officers at that time give any attention
to Santiago?
A. No, sir.
The Court: Was there any particular sailor who stayed
near him all the time?
The Witness: Only the sailors.
The Court: But was there any one particular sailor——
[fol. 30] The Witness (interposing): No, no particular
person took care of him.
Q. Did you observe the condition of Santiago before the
ship arrived in Boca Grande?
A. No, sir. After he arrived at Boca Grande.
Q. But I mean what did you notice, if anything, before
he arrived in Boca Grande? Was Santiago doing his work
all right on the boat?
A. He was doing his work all right.
Q. Was he complaining about any trouble or sickness
at that time?
A. No, sir.
Q. Did he look healthy or sick at that time?
A. He looked very healthy.
Q. Now, during the trip north was Santiago—were the
clothes of Santiago taken off him or not?
A. No, sir.
Q. What clothes did he have on, if you remember?
A. He had his underwear—union suit, and a shirt and
pants.
Q. You mean besides his underwear, he had:on his pants
and a shirt?
A. Yes, sir.
Q. Were his clothes changed during that trip?
A. No, sir, no change.
Q. Did you try to give him something to eat?
A. Plenty of times.
Q. On the trip north?
—"
21
A. Yes, sir.
Q. Tell us what happened on that trip north when you
tried to give him something to eat?
A. We gave him a little bit of coffee or a little bit of
soup and bread, and he ate a little bit, and then he vomit
again.
Q. Could he hold his food down? A. He could only hold
it a little while.
Q. Did you notice anything about whether he was—on
[fol. 31] the trip down to Boca Grande was Santiago
coughing at all, before you got into Boca Grande?
A. No, sir.
Q. Now, on the trip up what did you notice about him
in connection with coughing? That is, on the trip north
from Boca Grande?
A. He coughed sometimes.
Q. Was there anything else that you noticed about him
besides coughing?
A. And he spit blood sometimes.
Q. Did he spit any blood on the way down to Boca
Grande?
A. Not to Boca Grande, no. On the way up north.
Q. What kind of work did he do on his way down to
Boca Grande?
A. He was chipping.
Q. What do you mean by ‘*chipping’’?
A. Well, chipping with a hammer on the sides, taking
off the rust.
Q. Is that easy work or hard work?
A. Well, sometimes it is hard work,
Q. Was he doing his work on the way down?
A. Yes sir.
Q. Was there any physician on this ship at any time on
this trip? Was there any doctor on board this ship?
Mr. Crawford: It is stipulated that there was not. .
The Foreman of the Jury: Was there a medicine chest
on this ship?
The Court: Was there a medicine chest on this boat?
The Witness: I don’t see any.
Mr. Rosenberg: We will concede that there was a medi-
cine chest there, but what it contained we do not know.
[fol. 32] A Juror: Was he given any medicine on the
ship?
~ ena
The Witness: No, sir, no medicine was given to him.
The Court: You did not see any given to him?
The Witness: I don’t see any.
Mr. Rosenberg: That is all.
22
Cross-examination.
By Mr. Crawford:
Q. Mr. Lopez, do you remember what work you were
doing on Wednesday morning after the ship left Boca
Grande?
. Yes, sir.
. What were you doing?
. After we left Boca Grande?
Yes?
. Washing paint.
Was Santiago working with you at thaf time?
. Yes, sir.
. Right alongside of you?
. Yes, sir.
. And if the other seamen who testify say he was not
working that morning, but was lying in his bunk, they are
mistaken?
A. Yes, he was working until twelve o’clock with me,
because I worked with him.
Q. Do you know where Point Jupiter is on the Florida
coast?
A. The light there?
Q. Yes?
A. Yes, sir.
Q. That is where vessels going north leave the Florida
coast, don’t they? Don’t you know that is the last light
you see when you are bound north toward New York from
Florida?
A. I don’t know if it is the last light or not.
Q. All right. When was the first time you saw Santiago
spitting blood?
A. The first time?
Q. Yes?
A. That was on Wednesday.
[fol. 33] Q. On Wednesday morning?
A. Wednesday afternoon.
>
OPOPOPOPe
-
23
. Wednesday afternoon?
. Yes.
. And did he do it just once or many times?
. It was once I see him got sick.
. Now, how many times did you see him spitting blood?
. On Wednesday?
. Yes. Was it once or many times?
- I saw him one or two times spit blood.
. Was it any quantity of blood? Did you observe
whether he spit considerable blood?
A. Not too much.
Q. Was it red blood?
A. All blood is red to me.
Q. Well, this was red blood, was it?
A. Yes, I think so.
Q. You think so?
A. Yes, all blood is red to me.
- You were sure it was blood he was spitting, were you?
. Yes, sir.
. Did you see him spitting blood again on Thursday?
. Yes, sir.
And on every other day coming up on the ship?
- On the other days?
Yes.
- I don’t remember the other days for sure.
- But it stands out in your memory that you did see him
spitting blood after he became sick on Wednesday and on
Thursday?
A. On Wednesday and on Thursday too.
Q. And maybe other days?
A. Maybe other days somebody seen him.
Q. Was he coughing on those days too?
A. Yes, sir, he was coughing.
Q. And did the blood come up when he was coughing?
A. Yes, sir. :
Q. Now, this Tuesday when you were working down at
[fol. 34] Boca Grande was a very hot day, was it not?
A. Yes, sir, it was a hot day on Tuesday.
Q. And you had hot weather from that day on until almost
the time you got to New York, did you not?
A. Sir?
Q. You had hot weather every day until just before you
got to New York?
OPOoPoproboO
24
A. No, sir, we had cold weather after that.
Q. When do you say it became cold?
A. After—when we arrived at Boca Grande we got hot
weather because it is all the time hot there.
Q. Yes, I know.
A. But around Cape Hatteras it was cold.
Q. Did the weather continue warm until you got to Cape
Hatteras or off Cape Hatteras?
A. We got cold weather after we got to Cape Hatteras.
Q. Was it very cold then*
A. I feel very cold.
Q. Do you know anything about the degrees of tempera-
ture? Do you know how hot it is today?
A. Well, I don’t know how many degrees it is today, no.
Q. You don’t know that?
A. No.
Q. Was it freezing weather? Do you know what freez-
ing weather is?
A. Yes, sir, I know. It was not freezing, but it was very
cold. It was not freezing, because I heard the mate say it
is 32 degrees that freeze.
Q. That is right. Did you have freezing weather between
Cape Hatteras and New York on this voyage?
A. Something like that.
Q. It was very cold?
A. I feel very cold.
Q. Did that weather last for any time?
A. What is that?
Q. Did that cold weather around 32 degrees last for any
period of time at that time? Did it last for one hour or one
[fol. 35] day?
A. Until the time we got to New York.
Q. Two days?
A. Yes.
Q. And when you got to New York was it still freezing
weather?
A. It was some cold days and some hot days. The
weather changed.
Q. Do you remember the weather on that particular Sun-
day and Monday?
A. When we got in it was not so cold, when we got to New
Jersey, but at Cape Hatteras it was very cold,
Q. Is it warmer in the forecastle where you slept or up on
the bridge of the ship?
A. It is warmer on the bridge than in the sailors’ quar-
ters.
Q. It is warmer on the bridge than it is in the sailors’
quarters?
A. Yes, I think it is colder in the sailors’ quarters.
Q. You think it is colder in the sailors’ quarters than it is
on the bridge?
A. Yes.
Q. Before coming into court today had you talked to any-
body about your testimony in this case—what you have told
about this case?
A. After Santiago died I told his brother. Somebody
called me, and said he was his brother.
. And you spoke to him?
Yes.
- Did you talk to anybody about this case yesterday?
- Yesterday I received a subpeena from the Court.
You received a subpena from the Court?
. Yes, sir.
Have you got it with you?
. Yes, sir, I got it.
. Was any money given to you at the same time you got
the subpoena?
A. Yes, sir.
Q. How much money?
A. Half a dollar.
Q. Did you talk to anybody about the case at the time you
got the subpeena?
A. No, sir.
Q. You did not say a word about it?
A. No, sir.
[fol. 36] Q. Have you ever talked to Mr. Rosenberg, plain-
tiff’s counsel, about this case?
A. Today, yes.
Q. Any other day?
A. Yesterday.
O>OPOoPObSO
The Court: Did you ever talk to Mr. Rosenburg before
today?
The Witness : I came yesterday.
26
Q. You went to his office yesterday?
A. Yes, sir.
Q. And talked about the case?
A. Yes, sir.
Q. Did you read or did you hear what other seamen had
testified to in this case?
A. I don’t know what they testified.
Q. You knew, did you not, that two other seamen testified
in this case in favor of Santiago about what happened on
that ship?
A. I never heard that.
Q. Didn’t you know that Rosado had come and told what
he knew about the case?
A. I don’t know what he testified.
Q. You did not read that over?
A. No.
Q. And no one read it to you?
A. No, sir.
Q. And you are sure of that?
A. Sure, yes.
Q. And did you know that another seaman, by the name
of Coto had testified in favor of Santiago in this case?
A. I don’t know what he testified.
The Court: Do you know Coto?
The Witness: Yes, sir, I know him.
Q. Well, have you seen either Coto or Rosado since you
left this ship?
A. I don’t see them.
Q. You have never seen them since you left the ship?
A. I see only Rosado, but I don’t know what time it was
the last time I seen him.
[fol. 37] Q. Did you talk to him about this case?
A. No, sir, I don’t talk about the case.
Q. You say you passed many shins after you left Boca
Grande? :
A. Yes, sir.
Q. Both passenger ships and freight ships?
A. Yes, sir.
Q. Do you remember whether you passed any ships on
Wednesday—passenger ships?
A. On Wednesday?
Q. Yes.
_ 27
A. I see passenger ships on Wednesday, yes, sir.
Q. Do you know the names of the ships?
A. I don’t know the name of the ships. I couldn’t see,
It was too far away.
Q. How did you know it was a passenger ship?
A. Because a passenger ship has one bridge and more
lights.
Q. This was at night that you passed it, was it?
A. In the night time, yes.
Q. Wednesday night?
A. Wednesday night, yes.
Q. When was the next passenger ship you passed?
A. What?
Q. When was the time you saw another passenger ship,
if you saw any others? |
A. Well, every day we passed ships at all places,
Q. But you do not remember when you passed a pas-
senger ship the next time, do you?
A. We passed plenty of passenger ships every day.
Q. That is just your general recollection, that you would
pass them?
A. When we got to Cape Hatteras, we don’t see them,
but on the Florida coast we see them.
Q. Just on the Florida coast?
A. Yes.
Q. As matter of fact, didn’t you leave the Florida coast
early Thursday morning, and never see it again or any
[fol. 38] other coast until you got to New York?
A. After we left the coast of Florida, the first thing I
See was the lookout at Cape Hatteras.
Q. Didn’t you leave the Florida coast on Thursday morn-
ing? Don’t you remember that?
A. I remember three days after we left Boca Grande we
left the Florida coast.
Q. You recollect that it took three days before you left
the Florida coast?
A. Sure.
Q. You are sure about that?
I am sure. Maybe a couple of hours more.
Q. Maybe a couple of hours more?
A. Yes, sure.
Q. You are as sure about that as you are about any of
the other facts in this case, to which you have testified ?
28 mt
A. Yes, sir.
Q. Now, you say the weather was hot until you got to
Cape Hatteras, is that correct?
A. Yes, sir, it was hot.
Q. It is hot off the Florida coast, is it not?
A. Yes, sir.
Q. Allright. Now, during the time you were on the Flor-
ida coast, three days as you say, did you wear any blanket
over you at night?
A. Yes, sir, I wear a blanket.
Q. Do you wear a blanket over you nights like last
night, in this weather? Did you wear a blanket over you
last night?
A. No, sir, it was hot last night. I didn’t wear no blanket
last night. -
Q. Did you ever see any of the officers of the ship taking
Santiago’s temperature?
A. I saw the third mate on Wednesday night.
Q. You saw the third mate on Wednesday night?
A. Yes.
Q. And that is the only time you ever saw any officer take
[fol. 39] his temperature?
A. The only time, yes.
Q. Don’t you know that broth and soup were specially
cooked for this man Santiago on the voyage coming up?
A. No, sir, not specially.
Q. Now, this lavatory or toilet is separated from the
sailors’ quarters by a bulkhead or wall, is it not?
A. Yes, sir, something like that.
Q. And you say that there was a drain in the lavatory
for the water to run out?
A. Yes, sir.
Q. And that that drain was all right except when it got
stopped up with paper?
A. Yes, sir.
Q. And this was the sailors’ lavatory, was it not?
A. The firemen too.
Q. But it was not used by the officers of the ship?
A. No, sir.
Q. So that if there was any paper that stuffed up that
drain or scupper, it was the sailors who put the paper there,
and left it there, is not that right?
A. Yes.
29
Q. Did you ever leave any paper there laying around that
lavatory?
A. No, sir.
Q. You always cleaned it up?
A. Yes, sir.
Q. But other sailors did leave it around there in the lava-
tory?
. I don’t know who left it there, because the firemen
were there too.
Q. Is it the officers’ duty to clean out the lavatory and
toilets?
A. They don’t tell the sailors to do it.
Q. It is up to the sailors to clean out their own lavatory
and toilet? Isn’t that their job?
No, sir, that is not the sailors’ job.
Q. That is not up to the sailors?
No, sir.
Q. Is it not up to the sailors to keep their quarters clean
in the forecastle?
A. They don’t tell the sailors to do that, when we sign
on.
[fol. 40] Q. Do sailors ordinarily take care of their sleep-
ing quarters on ships?
A. No, sir, I don’t See the sailors take care of the quar-
ters,
Q. Sailors don’t take care of their own quarters?
A. The mess boys.
The Court: Did you have any mess boys on this boat?
The Witness: Yes, sir.
The Court: How many?
The Witness: One mess boy for the sailors, and one for
the captain, and one for the officers’ mess,
Q. Did that mess boy make the sailors’ beds?
A. No, sir,
Q. Are not the sailors supposed to make their own beds?
A. Sure.
Q. And are not the sailors supposed to Sweep the floor
of the forecastle?
A. No, sir, the mess boy is Supposed to sweep the floor.
Q. Did you have any stormy weather coming up on this
voyage?
A. No stormy weather.
30
Q. Did any seas break over the ship on this voyage?
A. Oh, sure, but no storm, That don’t mean stormy.
Q. Was there anything wrong with this forecastle, ex-
cept those several things that you have told us about?
Was there anything else wrong about this forecastle that
you can mention?
A. No, I mentioned all of them.
Q. You have mentioned everything, have you?
A. Yes.
Q. The roof of the forecastle did not leak, did ii? Did
the water come down through that roof on this voyage?
A. No, sir.
Q. You are sure about that?
A. Yes, sir.
[fol.41] Q. So that if Coto says water leaked in through
the roof of the forecastle all the time, he is mistaken, is he?
A. Maybe he saw it. I don’t know.
Q. You never saw it, did you?
A. No, I don’t see it in the roof, no.
Q. You never bothered yourself to take the papers out
of this drain in the sailors’ toilet, did you?
A. I didn’t take the papers out.
(Q. You never picked the papers out of the drain so it
would work?
A. We are afraid to handle it, because we would get
infection.
Q. You just let the papers stay there and block up the
drain? °
A. The papers got in that hole.
Q. And you didn’t do anything about it?
A. Any time you take some papers away, somebody
throws some others there. They take a bath, and then the
water would stay there.
Mr. Crawford: That is all.
The Court: Is there a bath there?
The Witness: Yes, a bath and toilet.
Redirect examination.
By Mr. Rosenberg :
Q. When the ship was around Cape Hatteras was there
any breeze?
“ ,
7 ‘h
A. Yes, sir, it was breezy,
Q. And would your port holes be open at that time?
A, Yes.
Q. And would the breeze go through your portholes?
Just answer the question: Would the breeze go through your
portholes?
A. Yes, sir. ae
The Court: The wind?
The Witness: Yes, sir.
Q. Did the firemen use this lavatory besides the seamen?
A. Yes, sir, they used it.
[fol.42] Q. And they were in different quarters?
A. Different quarters from the sailors, but the same
lavatory.
Mr. Rosenberg: That is all.
Recross-examination.
By Mr. Crawford:
Q. This water that you have said accumulated, in the
lavatory, all came from the shower-bath, did it?
A. The bath.
Q. It is all bath water, is it?
A. And the teilet, sometimes the pipes are clogged.
Q. The water in this particular case on this voyage came
from the bath, did it?
A. The bath and that pipe from the toilet too.
The Court: From the seat?
The Witness: From the seat, yes.
Q. They have a separate drain, don’t they, those toilets?
Don’t you know there is 4 separate pipe leading overboard
from those seats?
A. One of them was broke too,
Q. This water that you say collected on the floor came
from the bath?
A. From the pipe and from the bath, too. All the pipes
were very old on that ship.
Q. We are talking about the steamer *‘Delisle’’ on this
particular voyage up from Boca Brande to New York,
A. Yes, sir.
32
The Court: Were you ever on this boat before that
voyage?
The Witness: No, sir, that is the only time.
The Court: Did you make any more voyages on that boat
afterwards?
[fol.43] The Witness: No, sir.
The Court: Just that one voyage?
The Witness: That is all.
Q. Did you ever ask the engineers for steam heat in the
forecastle?
A. Myself I went to the chief engineer, yes.
Q. What day?
A. As soon as we got to Cape Hatteras and it was cold,
I asked him.
Q. Do you know what day that was?
A. I don’t remember the day, you see. I don’t remember
the day.
Mr. Crawford: That is all.
Redirect examination.
By Mr. Rosenberg:
Q. Was there any steam heat put on in the forecastle dur-
ing that voyage north?
A. No, sir.
Q. When you say ‘‘freezing’’ do you mean ice or just cold?
What do you mean by ‘‘freezing’’?
A. It was cold.
The Court: Is there a door between the room where the
sailors sleep and the lavatory in front?
' The Witness: Yes, sir, it is on the side—in a passageway.
The Court: When you got out to the passageway between
the firemen’s and the sailors’ berths, there was the lava-
tory?
The Witness: Yes, sir.
The Court: Toward the bow of the boat?
The Witness: Yes, sir.
The Court: So the water would have to come through the
passageway, and then into the sailors’ room?
[fol. 44] The Witness: No, it don’t come out the door. It
goes in the same place.
Further redirect examination.
By Mr. Rosenberg :
Q. Was there a door leading from the passageway to
the deck?
A. Yes.
Q. And was there a door leading from the sailors’ fore-
castle to the passageway?
A. Yes, sir.
Q. And were those doors kept open, or closed all the
time?
A. They are open.
Mr. Rosenberg: That is all.
—_—_—_—_—
Louis Ropriavez, called as a witness on behalf of the
plaintiff, being duly sworn, testified as follows:
Direct examination.
By Mr. Rosenberg :
Mr. Rodriguez, do you remember October, 1928?
. Yes.
Q.
A ,
Q. Were you on the steamship ‘‘Delisle’’ at that time?
A. Yes, sir,
Q. What were you on that ship?
A. An A B seaman.
Q. And did you sleep in the forecastle?
A. Yes, sir.
Q. And Santiago was in the forecastle at the same time?
A. Yes, sir.
Do you remember the trip from Boca Grande to
Carteret during that month—during October?
Yes, sir.
Do yor remember the condition of Victor Santiago
during that trip?
es, sir,
[fol.45] Q. Did you know Victor Santiago before you met
him on this ship? A. No, sir.
3—12
OPA
34
Q. You slept in the same forecastle with him?
A. Yes, sir.
Q. First, when did you observe he was sick, on what day?
A. He was sick on Tuesday.
Q. And what did you notice about his condition on Tues-
day? A. His condition was bad.
Q. Well, on Wednesday what did you notice about him
on that day?
A. He was sick, bad—very bad.
Q. Tell us what you noticed about his sickness? What
did you notice about him? A. He was in his bunk.
The Court: How did he look?
The Witness: He looked very bad.
The Court: What do you mean by that? Sick?
The Court: I think we will have to have an interpreter.
(Whereupon Joseph Bernet was duly sworn to act as
Spanish interpreter.)
By Mr. Rosenberg (through the interpreter) :
Q. Will you tell us what you observed about Santiago’s
condition on Wednesday, the day after the ship left Boca
Grande? .
A. He was a very sick man.
Q. What did you observe about his condition? A. He
told me he was a very sick man. He told me himself.
Q. Did you touch the man yourself?
A. No, sir.
[fol.46] Q. Did you notice his breathing, how he was
breathing? A. Very hard.
Q. Did you notice whether he was hot or cold?
A. I didn’t touch him,
Q. What was Santiago doing on the trip from Boca
Grande to Carteret? A. He was in bed.
Q. What time did he go to bed on Wednesday?
A. After twelve o’clock. :
Q. What did you notice or observe about Santiago while
he was in bed? A. He was crying for his mama and papa
all the time. He was delirious.
Q. What did you notice about his bedding?
A. It was in very bad condition.
» ”
Q. Describe why it was in very bad condition?
A. It was very dirty. He had only one bed sheet, and
everything was dirty.
Q. Did he go to the lavatory regularly while he was sick?
A. Two friends of his took him once to the lavatory.
Q. And what happened after that time?
A. He went right to bed again.
The Court: How many men were in the room with him?
The Witness: Eight.
The Court: Were they all Porto Ricans?
The Witness: No, sir,
The Court: How many of them were?
The Witness: I don’t remember.
The Court: Well, who were the other men?
The Witness: One from Jamaica, and the others I don’t
remember.
Q. Did you notice whether or not there was any water
in the forecastle during the trip north?
[fol.47] Q. Was the floor of the forecastle wet or dry?
A. It was dry. They was taking the water from the sea
to wash themselves,
Q. What is that?
A. They were taking the water from the sea to wash
themselves.
Q. Was there water in the lavatory?
A. In the lavatory there was no water at all. They had
to go to some other place to get some water.
Q. Will you describe the condition of the bunk that San-
tiago was lying in on the trip north?
A. It was very dirty.
Q. Was there anything else you noticed?
A. He was dirtying the bed himself sometimes. He used
to do it in bed.
Q. Well, tell us how it was dirty?
A. There was no change of the linen or anything. They
were not changing the bed. They were leaving the bed the
way it was.
Q. Did Santiago wear the same clothing or different
clothing—when Santiago was lying in his bunk on the trip
north was Santiago’s clothing taken from him or off him
or not?
36 A an
A. The same clothes he had on.
Q. What watch did you have on the ship?
A. From eight to twelve.
Q. Does that mean you would work from eight to twelve
in the morning, and then from eight to twelve in the eve-
ning?
A. From eight to twelve days, and from eight to twelve
nights.
Q. And after you did your work, where would you go?
A. To my room.
Q. And was that room the sailors’ forecastle?
A. For eight sailors.
Q. While you were in your forecastle what did you ob-
serve the officers of the ship, including the master, do for
Santiago on the trip north?
A. They didn’t do anything; nothing at all.
[fol.48] Q. Now, did it rain at all on the way up?
A. Yes, it was raining.
Q. Did any water get into the forecastle at all while the
ship was going north?
A. When it was windy the wind used to blow the water in.
Q. Well, where would it blow the water in to? Into what
place or through what place would the water come in?
A. There as a small window there, and the water used
to come right in.
Q. How would it come in?
A. There was a broken pipe there, and the water used to
come in. -
Q. When the water came in, would that make the floor
wet or dry?
A. It was wet.
Q. Do you remember the ship before it got in to Carteret,
whether it anchored or not?
A. Yes, it anchored.
Q. And how long did it anchor?
A. From six P. M. until six A. M., in the morning.
Q. Well, what morning was that?
A. Monday morning.
Q. Now, during that time what was the condition of San-
tiago?
A. Asking for mama and papa, all the time, erying.
Q. Were you in the forecastle during any part of that
time while the ship was at anchor?
37
A. I was in the sailors’ room,
Q. Do you mean by ‘‘the sailors’ room”’ the room where
you slept?
A. Yes, sir.
Q. And while you were there did you see any of the offi-
cers of the ship in there?
A. Yes, near the coast all the time.
[fol. 49] Q. For how long?
A. Oh, about two days.
Q. And after you left the coast going north, did you see
any ship?
A. Oh, yes, many ships.
Q. And how often? Every day or how often?
A. Almost every day.
Q. Did you have any heat in the forecastle while the ship
was going north?
A. No, sir, nothing.
Mr. Rosenberg: That is all.
Cross-examination.
By Mr. Crawford:
Q. It was pretty hot weather going north from Boca
Grande to Carteret?
A. Not very much.
Q. Did you sleep every night with a blanket on you?
€s, sir.
Q. Did you sleep with a blanket on last night?
A. Last night?
Q. Yes, wherever you slept last night?
No, sir.
Q. You did not?
No, sir.
Q. Now, did you observe Victor Santiago spitting blood
at any time?
A. When he was coughing he used to spit blood.
3
}
38
; Q. And did you see him do that once or many times?
a A. Once or twice.
Q. Once or twice a day, or once or twice on the voy-
age up?
A. While I was there, all the time I was there, once or
twice.
Q. Now, was this blood that you noticed reddish in color
or brown?
A. Blood, regular blood, red.
Q. Did it have bubbles in it?
A. Yes, something like soap.
@. Something like soap, frothy?
A. It was kind of a funny color in his mouth, bluish like.
Q. During this voyage up from Boca Grande was Santi-
: [fol. 50] ago in one bunk all the way up, or did he occupy
j more than one bunk at different times?
| A. He was in one bunk, and they they changed him.
i Rosado changed him to another bunk.
Q. Did Santiago speak any English?
| A. With me he spoke Spanish. I don’t know.
4 Q. Did he speak English with anybody on the ship, that
a you heard?
; A. No, sir, not that I know of.
Q. Now, how many days was it so windy that the water
blew into the forecastle?
A. Two or three days.
Q. And which days were those, beginning with the time
you left Boca Grande on Tuesday night?
A. Thursday and Friday.
Q. And you say at that time that the water came into
the portholes on the side of the forecastle?
A. When the wind was blowing, yes.
Q. And was that the only place the water got into the
forecastle—through those portholes?
A. And near the toilet was a broken pipe, and it used
to come through the door too.
| Q. But that was on Thursday and Friday, you say?
i A. From the toilet it came almost steady.
3 .Q Did the sailors used to wipe up the floor or mop up
the floor?
H A. Sometimes, yes.
Q. Now, did Santiago have a blanket to cover him up?
A. One.
AE a Lagat: 2 ONY
RS SCORE CRESS SOS ACLRTNEY «
39
Q. Did he have any sheets on his bed?
A. No, sir.
Q. Did he have a bedspread?
A. No, only one blanket.
Q. Did he have a pillow case?
A. Yes, sir.
Q. Did you ever see the mess boy or the steward or any
of the sailors bring Santiago soup or broth at any time?
A. No, sir, only some of us used to bring him things.
[fol.51] Q. And you want to tell the Court and jury that
yon never saw this man fed by anybody except when you
and the rest of the crew gave him coffee and water, is that
right?
A. Yes, sir.
Q. Did you ever see any of the officers of this ship take
Santiago’s temperature with a thermometer?
A. Twice.
Q. And what day was that?
A. Wednesday about six o’clock, and then again at twelve
o’clock. I went with the officer once.
Q. Did you ever see the third officer or any other officer
give Santiago medicine?
A. No, sir.
Q. Did you ever ask that heat be turned on in this fore-
castle—that steam be turned on?
A. Yes, we did.
Q. I asked you if you ever asked to have it turned on?
A. No, sir.
Q. When do you say it began to get cold on this voyage?
A. Before we got to Carteret.
Q. How many days before you got to New York was it
cold weather?
A. About two days—a day and a half to two days.
Q. And how cold was it?
A. Very cold.
Q. Was it freezing?
A. No, sir.
Q. Do you know what the degrees of Fahrenheit tem-
perature are, with respect to the air?
A. No, I don’t know about that.
Q. You don’t know how many degrees are cold wheather,
and what the thermometer says when it is hot weather?
40 a
A. I don’t know anything about that.
Mr. Crawford: That is all.
Redirect examination.
By Mr. Rosenberg:
Q. Did Santiago spit any blood when he was going down
to Boca Grande?
A. No, sir, he was working all right.
[fol. 52] Q. And did he cough any while he was going
down to Boca Grande?
A. No, sir.
Q. Who asked for heat in the forecastle, if you know?
A. I don’t remember. Someone working there.
A Juror: Were there any windows in the portholes?
The Witness: The window was open.
The Court: Was there window glass in it, and open?
The Witness: There was a glass, but it was open.
Recross-examination.
By Mr. Crawford:
Q. You could close those portholes, could you not?
A. They couldn’t close it a. It would not close
altogether.
Q. Did you try to close them at the time the water was
coming in, as you have testified?
A. Yes, sir, I did, but I could not.
Q. Were they all just the same way? Were they all the
same, or would some of them, close, and others not?
A. From the left side they could close them, but not the
others.
Q. Do you mean that the ones on the outside of the ship
you could close, and the ones that faced in you could not
close; is that right?
A. Only those on the right we could not close them. No
matter what we done, we could not close them.
Q. Did you tell any of the officers of the ship that you
could not close the portholes?
A. No, sir
41
Q. How many times did you try to close those portholes?
A. ice,
[fol.53] Q. How much water was coming in those port-
holes when you tried to close them?
A. Plenty of water.
Q. How much water?
A. I don’t know exactly how much.
Q. Did it splash in your face when you were trying to
close the portholes? .
A. No, I was away on the other side. It could not reach
me.
Q. Was the water pouring in those portholes when you
tried to close them?
Yes, sir.
Q. Did you tell any of the rest of the sailors that you tried
to close these portholes, and could not do it?
A. No, I didn’t tell anyone else. I tried myself to close
them.
Q. Where did all this water go to when it went into the
forecastle through the portholes?
A. There was a little drain like, and it used to go out.
Q. And did all this water go out that little drain?
A. Yes, sir.
Q. Was it necessary to mop up the floor where this water
came in, or did it run out of the drain right away?
A. We did, but sometimes we could not do it, because
there was too much water.
Q. Now, this was all clean salt water, was it?
A. But there was lots of water too from the toilet.
Q. I am talking about water that came in through the
portholes. Was that clean salt water or not?
A. Yes, sir, that was clean water.
Q. Was there any other place that water came into this
forecastle from?
A. From the toilet.
Q. Any other place besides the toilet and the portholes?
A. No, sir.
Q. Did it leak down through the roof above?
A. No, sir.
Q. You are sure about that?
A. Yes, sir,
42
{fol.54] Jacos Monta, called as a witness on behalf of
the plaintiff, being duly sworn, testified as follows:
Direct examination.
By Mr. Rosenberg:
Q. Mr. Montilla, you remember the trip from Boca Grande
to Carteret in October, 1928?
A. Yes, sir.
Q. Do you remember the condition of Santiago on that
trip?
A. Yes, sir.
Q. What were you on the ship?
A. I was a cabin boy.
Q. Did you go into the forecastle once a day or more?
When you got through with your work, where did you go?
A. I went into the forecastle, into the sailors’ room.
Q. And did you see Santiago when you were there?
A. Yes, sir, I see him there.
Q. What did you notice about his condition Tuesday
night?
A. Tuesday night?
Q. Yes?
A. His condition Tuesday night, he was very sick with
fever, and he was out of his mind, and calling for his mother
and father and brother.
Q. And what was his condition after that? What did
you observe about him after that?
A. I don’t know about Tuesday night, because I went to
sleep.
Q. You don’t know about Tuesday night?
A. Tuesday night he was out of his mind. He was like
crazy, and hollering for his mother and father and some-
body else.
Q. When you went in to the forecastle where Santiago
was sleeping, what did you notice about his bunk?
A. His bunk was very dirty.
Q. In what way was it dirty?
A. The blanket and pillow case was dirty, and the mat-
[{fol. 55] tress and everything was dirty.
Q. During that trip did you see him have any clean bed-
ding at all?
A. No, sir, I never seen clean bedding.
—
43
Q. Did you see any officers take care of him on the trip?
A. I never see officers taking care of him, no,
Q. What was your job? What did you do on the ship?
A. I had to serve the captain.
Q. Did you ever see the captain go into the forecastle?
A. No, sir.
The Court: Did you sleep in that same room?
The Witness: No, sir, I slept amidships.
The Court: How many times did you go into the room
where the sick man was on the trip up?
The Witness: I go there all the time, at noon time and
at supper time.
The Court: Every day?
The Witness: Yes, sir.
The Court: Did you bring him food?
The Witness: Yes, I bring him food—a cup of soup, but
he couldn’t drink it; he just tasted it. He says he didn’t
like that kind of soup.
Q. And what day did the ship leave Boca Grande?
A. Tuesday evening at five o’clock.
Q. And when was Santiago sick?
A. Tuesday night.
Q. Tuesday night?
A. He came with the bosun to me and told me to tell the
bosun he was very sick, and then I told the bosun the boy is
sick, and the bosun say “‘If he is sick, tell him to go to bed,’’
and then he went to bed.
(fol. 56] Q. That was Tuesday night?
A. Yes, sir.
Q. Do you know whether Santiago worked on Wednesday?
A. I don’t know nothing about that. I didn’t see hin,
except after dinner time.
Q. Does that mean after twelve o’clock noon?
A. Yes, sir.
Q. And where was he then?
A. He was in bed.
Q. Was the bosun a Spanish fellow or American?
A. No, he was an American.
Mr. Rosenberg: That is all.
Cross-examination.
44
By Mr. Crawford:
Q. How many hours or days was the ship out of Boca
Grande when you first knew that Santiago was sick?
A. The same day we left.
Q. What time was that?
A. About half past four.
Q. About half past four?
A. Yes, that was the leaving time.
Q. Was he around on deck at that time?
A. He was on deck, to find somebody to tell that he was
sick.
Q. Did you take Santiago soup every day?
A. No, sir, just one time.
Q. Just once?
A. Yes, sir.
Q. Do you know who took him his meals the rest of the
time?
A. No, sir, I don’t know. I never seen that.
Q. When you saw Santiago in the forecastle did you see
him spitting blood at any time?
A. He spit some blood, yes, sir.
Q. How many times did you see that?
A. About two or three times when I went into the room.
Q. And you were only in the forecastle an hour or so
every day, is that right?
A. What is that?
[fol.57] Q. How many hours a day would you spend in
the forecastle?
A. I went into the forecastle from one o’clock to two
o’clock, or three o’clock sometimes, and after supper, after
five o’clock or half past five in the evening I would be there
until eight or nine o’clock.
Q. So you would spend two or three hours every day in
the forecastle?
A. Yes. :
Q. How many hours a day did you spend in the fore-
castle on this trip?
A. I spent about two in the evening, and about three or
four in the night time after supper.
Q. Five or six hours a day?
A. Yes, sir.
Q. And during that time every day did you see Santiago
spitting blood?
A. Yes, sir.
Q. Several times every day?
A. What is that?
Q. I say, was it several times every day?
A. Yes, sir.
Q. Was this red blood that you saw him spitting?
A. Yes, I saw him spitting blood.
Q. Did this blood that you saw Santiago spitting up have
any air bubbles in it, or was it frothy?
A. I didn’t see that.
Q. You didn’t notice that?
A. No, sir.
Q. Was this a warm voyage or cold voyage coming up
from Florida in October to New York?
A. In Florida it was warm.
Q. It was warm in Florida?
A. Yes.
Q. Where do you say it got cold?
A. About two or three days after we left Florida.
Q. Don’t you know that you were off the coast of Florida
for two days after you left Boca Grande? Is that right?
A. Yes, sir.
Q. Those first two or three days when you say the
weather was still hot, did you sleep with a blanket on you?
A. No, sir.
[fol.58] Q. You did not use a blanket?
A. No, sir. I used it after it got cold.
Q. Do you know anything about degrees of temperature?
A. No, sir. I know when it is cold, but I don’t know how
many degrees it is,
Q. Was it very cold?
A. Yes, sir.
Q. Was it freezing?
A. I don’t know.
Q. Do you know how many degrees are freezing?
A. No, sir.
Q. Did you have the heat turned on in your room at any
time on that voyage?
A. No, sir,
Q. Did you ask the chief ; ngineer to put the heat on at
any time during that voyage?
A. No, sir, I never asked him, because I don’t need it.
46
Q. You didn’t need the heat?
A. No, sir.
Q. It was not that cold?
A. A steam pipe was in my room, crossed my room, and
kept my room hot.
Mr. Crawford: That is all.
Mr. Rosenberg: That is all.
(Witness excused.)
(Informal recess.)
CarMEN SantT14co, called as a witness by and on behalf
of the plaintiff, having been first duly sworn through the
interpreter, testified through the interpreter as follows:
Direct examination.
By Mr. Rosenberg (through the interpreter) :
Q. Are you the mother of Victor Manuel Santiago?
A. Yes, sir.
Q. Who is his father?
A. Balmoro Santiago.
Q. Is he in court?
A. Yes, sir.
[fol.59] Mr. Rosenberg: Will you stand up (addressing
someone in the court room)?
(Whereupon, a man stood up in the court room.)
Q. Is that the man, with a mustache (indicating)?
A. Yes, sir.
Q. How old were you in October, 1928?
A. Fifty-one years old.
Q. That man is your husband, is not that so (indicating) ?
A. Yes, sir.
Q. How old was your husband in October, 1928?
A. Fifty-two.
Q. How old is your husband today?
A. He is fifty-two now.
Q. Then, that means that he was fifty in October, 1928?
A. Yes, he was fifty then, and now he is fifty-two.
P 47
Q. How old was your son, Victor Manuel Santiago, when
he died?
A. Seventeen years old.
Q. How long had he been away from Porto Rico when he
died?
A. Six months.
Q. When did he go to work?
A. In 1928,
Q. And before that——
The Court ( interposing) : Where do you live now?
The Witness: In Brooklyn.
The Court: When did you come to Brooklyn to live?
The Witness: Three months ago.
The Court: Before that did you live in Porto Rico?
The Witness: Yes,
Q. Now, at what age did Victor Santiago, your son, leave
school?
A. Fifteen,
[fol.60] Q. Does that mean, if he died in 1928, that he
left school in 1926?
Yes.
The Court: Did he. ever send any money home to you?
The Witness: Yes,
_The Court: How much?
The Witness: Once ten dollars, and another time fifteen
dollars, and another time twenty-five dollars, and again
thirty dollars, and again twenty dollars, and again twenty-
five dollars,
Q. How long was he away from home?
A. Six months.
Q. And before he left home did he work or not?
A. Yes, sir,
Q. And how much did he earn a week while he was work-
ing?
A. Ten dollars a week.
Q. Did he ever work and earn less than that?
A. No, sir.
The Court: What did he do?
The Witness: In a store.
Q. And when he worked in a store what did he do with
the money that he earned?
48 ——
A. He was giving it to me.
The Court: Does your husband work?
The Witness: No, sir.
Q. Did your husband work when he was in Porto Rico?
A. No, he was not working. He is sick. He has got
some trouble with his eyes.
Q. How much a week did the amount that you received
from Victor Manuel Santiago while he was away, and after
[fol. 61] he left Porto Rico, while he was away, average?
A. I don’t know exactly how much. [I didn’t figure it out.
Q. How much do you figure that you received from San-
tiago from the time he left Porto Rico to the time he died?
A. I don’t know. I didn’t count it. I didn’t figure it
out.
Q. How much time elapsed between each time he sent you
money?
A. Every month.
Q. Every month?
A. Yes.
Q. How much would the av7rage amount that you would
receive a month be?
A. $770.
Q. You don’t understand what I mean, evidently. What
do you mean by $770?
- A. The money that he sent me.
Q. What is the least amount that he would send you in
any one month?
A. $10.
Q. Would he sometimes send more?
A. Sometimes $20.
Q. Now, did he ever send you more than $20?
A. The amount I told to the Judge before.
The Court: How many years was he working before he
died?
‘The Witness: One year and a half.
The Court: That was one year in Porto Rico, and six
months after he left Porto Rico?
The Witness: Yes.
Q. Did you receive money from him every month from
the time he started working until the time of his death?
49
A. Up to September, 1928, every month.
Q. Before he left Porto Rico, what was the condition
of his health?
A. Good.
Q. Did he have any malaria?
A. No, sir.
(fol. 62] Q. Did he have any tuberculosis? -
. No, sir.
Q. Did he have any other sickness?
A. No, sir.
Q. Did you ever see him spit blood?
A. No, sir.
Q. Did he have any continuous cough?
A. No, sir.
The Court: Have you any other children?
The Witness: Yes, sir,
The Court: How many?
The Witness: One in Porto Rico who goes to school
there, and one here in cour. now.
The Court: That one standing up now is your son, is
he (indicating) *
The Witness: Yes, sir.
Mr. Rosenberg: That is all.
Cross-examination.
- By Mr. Crawford (through the interpreter) :
Q. Do -you intend to return to Porto Rico after this
trial is finished?
A. Yes, sir.
Q. You left your home there, and you intend to go back
to it, is that right?
Yes, sir.
Q. With your husband?
A. Yes, sir.
Q. Now, during the past two or three years have you
been receiving any money from your son, Cortes, who is
in court here today?
Q. And how much money does he send you?
4—12
| 50 ae ae
A. Five dollars.
Q. How often does he send you five dollars?
A. About every month or so.
Q. Now, up to the time that your son Victor went away
to sea, he was living at home with you, was he not?
A. Yes, sir.
Q. And while he was living with you, you paid for his
food and lodging, is that right?
A. Yes, sir.
[fol.63] Q. During the time your son was working in
. Porto Rico, you say he turned over to you all of his wages,
is that right?
A. Yes, sir.
Q. Now, after he went away to sea he sent you only a
part of his wages, is that true?
A. He gave me everything.
Q. You have testified to six amounts that he sent you,
when Mr. Rosenberg asked you how much money he sent
you. Are those the six amounts that you received during
the six months that he was away from home?
A. Yes, sir.
Mr. Crawford: That is all.
Redirect examination.
By. Mr. Rosenberg (through the interpreter) :
Q. Did your son ever get married?
A. No, sir. ‘i
Mr. Rosenberg: That is all.
Mr. Crawford: No further questions.
(Witness excused.)
Mr. Rosenberg: This is the deposition of Dr. Thomas C.
Kienzle (reading) :
‘‘THomas C. Krenzuz, being duly sworn and examined as
a witness for the plaintiff, testified as follows:
‘‘By Mr. Rosenberg:
‘‘Q. Where do you reside, Dr. Kienzle?
‘¢A. 321 Elmore Avenue, Elizabeth, New Jersey.
«‘Q. Are you about to depart from the vicinity of New
York and Elizabeth, New Jersey?
51
“A. Yes, my vacation starts today.
[fol.64] ‘Q. When are you leaving?
“A. Tomorrow morning.
**Q. And where are you proceeding to?
“A. Louisville, Kentucky.
“*Q. How long do you intend to be there?
“‘A. Three weeks.
“Q. Are you a physician duly admitted to practice in
the City of New York?
**A. Yes, sir.
““Q. What medical institutions did you go to before being
admitted to practice?
“‘A. Graduated from the University of Louisville,
““Q. In what year?
**A, 1926.
““Q. And after that what did you do, in the nature of
your profession?
“‘A. I was admitted to the regular corps of the United
States Public Health Service, interned at the United States
Marine Hospital, New Orleans.
“*Q. And what were you there?
“‘A. My rank was assistant surgeon in the regular corps.
“*Q. After that what did you do in the nature of your
profession?
“A. After that I was assigned to Flood Detail work in
Arkansas.
““Q. By the United States Government?
“‘A. By the United States Government.
‘“*Q. When was that?
““A. That was in 1997.
**Q. And how how long?
“A. I was there about five months.
**Q. And after that what did you do?
“A. After that I was assigned as quarantine officer at
New Orleans.
“‘Q. How long were you there?
“‘A. I was there about two months.
“*Q. After that what did you do?
*“*A. After that I was assigned to the United States
Coast Guard.
“*Q. And what were you in the United States Coast
Guard?
ee
52 an
[fol.65] ‘A. In the United States Coast Guard I was as-
sistant surgeon in charge of a squadron of destroyers and
cruisers.
‘*Q. How long were you there?
‘A. About four months.
**Q. And after that?
‘“‘A. After that I was assigned to the United States
Marine Hospital at Stapleton, Staten Island.
‘‘. When was that—during what time, about, you don’t
have to know exactly.
‘A. I was there about 14 months, and I have been in my
present location a year, it was 14 months prior to the time
I came with the Standard Oil Company of New Jersey.
‘‘Q. Were you in the United States Marine Hospital lo-
cated at Stapleton, Staten Island, New York, in October,
1928?
‘*A. Yes, sir.
‘*Q. When were you first admitted to practice?
‘*A. Well, as a regular officer in the service, [ could
practice in any state or country.
‘‘Q. When were you admitted to practice by any state
in the United States?
‘*A. I was first admitted to practice in Kentucky in June,
1926—passed the State Board examinations there in June.
‘*Q. Have you been admitted to practice, and when, in
the State of New York?
‘‘A, I took the State Board examinations in June, 1929,
and was admitted’ to practice August 26, 1929, in the State
of New York.
‘*Q. By whom are you employed now?
‘‘A. By the Standard Oil Company of New Jersey.
‘*Q. In what capacity?
‘*A. My duties are to take care of the sick and injured
on the tankers arriving at this port.
‘*Q. How many men do you examine as a physician and
surgeon for a certain period—you name the period.
[fol. 66] ‘‘A. My work would show about 300 examina-
tions a month on the average, I think.
**Q. Do you participate in those 300 examinations a
month yourself?
‘‘A. Yes, sir, do them myself.
‘*Q. How long have you been employed by the Standard
Oil Company of New Jersey?
“a
ae
ii
cond
“‘A. A year May 21st.
**Q. 1930?
- “A. Yes, sir, I went with them May 21st, 1929.
**Q. What was your position in the Marine Hospital at
Stapleton, Staten Island?
‘A. I held two or three places, at the time of admission
of this man I was executive officer.
**Q. You mean by that at the time of the admission of a
patient by the name of Victor Manuel Santiago in October,
1928, you were then executive officer in that hospital?
“fA. Yes, sir.
“*Q. And what do you mean by executive officer?
“‘A. The executive officer is the assistant of the medical
officer in charge.
“*Q. And when you went to the hospital, what did you
enter as?
“fA. I entered as an assistant surgeon, and was assigned
to do duty in the surgical ward.
“*Q. Now do you remember a patient coming into the
Marine Hospital at Staten Island in October, 1928, by the
name of Victor Manuel Santiago?
‘fA. Yes, I do.
*“*Q. Have you a clinical record of his case before you?
“fA. Yes, sir.’?
Mr. Rosenberg: I ask that that be marked for identifica-
tion.
The Court: Mark it.
(fol.67] (Papers marked collectively Plaintiff's Exhibit
No. 2 for Identification. )
Mr. Rosenberg (continuing reading) :
“*Q. Have you a personal recollection of the details re-
lating to the case of Victor Manvel Santiago?
“*A. Yes, because the man was delirious and cyanotic
upon admission, and was practically dead on admission,
““Q. First testify to what you know about the case?
“A. Well, this case
54
‘‘Q. How many pneumonia cases would you handle in
that institution?
‘A. I should say we handled at least 60 to 80 a year on
an average.
**Q. And would it be your duty to diagnose and treat
and have supervision of the care of such pneumonia pa-
tients?
‘A. Yes, as executive officer it is my duty to see that
every patient in the hospital is properly taken care of.
‘*Q. Now state all that you know about the case of Victor
Manuel Santiago from the time of his arrival at the hos-
pital—from the time you first saw him?
‘‘*A. The man was admitted to the hospital by ambulance
in a delirious and cyanotic condition. He was unable to
give any history at all. Examinations made on the ward
on admission, with the internes under my supervision,
showed that the man had a definite lobar pneumonia, with
consolidation on both sides. Particularly in the lower
lobes. The man’s temperature was about 35 degrees cen-
[fol. 68] tigrade, which is about 104 Fahrenheit. He was
gasping for breath and was apparently a very sick man.
An attempt was made to notify his relatives at once of his
condition, and the prognosis was given as very poor, with
expected mortality within 24 hours.
“*Q. What time of the day was he admitted?
‘A. The best that I can remember was that he was ad-
mitted late in the afternoon, as I remember, of course you
can’t remember all these details with the number of cases
going in or out of a place like that.
**Q. Will you describe what lobar pneumonia is?
‘*A. Lobar pneumonia is a disease with acute inflamma-
tion of the lungs and characterized by a consolidation, high
temperature, a rapid pulse, rapid respiration, and which
terminates by a crisis, usually between the fifth and
eleventh day, and caused by the pneumococcus bacillus of
Friedlander. :
**Q. Did you make this diagnosis yourself?
‘*A. Yes, all diagnoses are made under the supervision
of the medical officer in charge.
**Q. Does that mean that you made the diagnosis your-
self?
‘*A. Yes, the diagnosis has to be confirmed by the medi-
cal officer in charge of the ward before they are allowed to
stand or be put on the records.
55
“‘Q. That means that you confirmed the diagnosis if
if someone else made it?
-“*A. Yes, I went over the case first with the interne and
made a diagnosis, the interne was instructed of course to
write up the necessary data.
“Q. How did you determine that he had the pneumonia
as you have described? :
““A. Determined it by signs and symptoms of pneumonia
which, in this case, were outstanding, and by examination
[fol. 69] of the chest, which showed on percussion a dull-
ness in both lower lobes, and on auscultation, definite pneu-
monia rales,
**Q. For the purpose of the Judge and jury who are not
present, and since the words that you use are technical
words, will you explain what auscultation means?
“‘A. Auscultation means listening with a stethoscope.
“*Q. What does rales mean?
“‘A. Rales are the sounds that you hear, rales are sounds
that are heard with the stethoscope in pathological cases,
the type of rale depending on the particular type of case.
“*Q. This pneumococcus bacillus of Friedlander, tell us
about that so that a layman can understand what it is al]
about.
‘“‘A. The pneumococeus bacillus is the positive organism
of lobar pneumonia.
(fol. 70] “*Q. In other words, if a patient were given rea-
sonably convenient treatment or reasonably soon treatment,
TE FE EO REESE ORE 9 ORT
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ie MEA
ove oumags
pane ie
i
ian ch pe om os alate RS RENN wth
56 —
his chance of recovery, from your records in the hospital,
would have been about 88 per cent? I mean that would be
the deduction from the fact that the mortality would be 12
per cent, is that so or not?
‘*A. Yes—of course, that is based on statistics of the in-
stitution-—that is my usual experience, that the sooner you
get a patient, naturally the more you can do, if you get him
after he is all toxic, and all run down, the chances are much
less, if you get the serum into him early you have a much
better chance of doing something with him.
**Q. Can you recall any further details regarding this
man?
‘A. I don’t know as I can.
**Q. There is a memorandum of such details made at your
direction, isn’t that so?
‘*A, Yes, sir.
‘*Q. Do you recognize Plaintiff’s Exhibit 2 for Identifica-
tion as such a memorandum?
‘*A. Yes, it has my initials on as having checked it.
‘*Q. Does that memorandum refresh your recollection?
‘*A. Yes, sir.
‘*Q. Who prepared that memorandum when it was pre-
pared?
‘A. Why, the clinical record is prepared by various peo-
ple in the hospital, including the receiving officer and the in-
terne on the ward, and the various people who come in con-
nection with the case, including nurses, the laboratory staff,
ete. ‘ :
‘*Q. When was it prepared?
‘*A. It was prepared at the time of admission, which was
6 P. M. on October 22nd, 1928.
‘*Q. And do you know the handwriting of the various per-
sons whose handwriting appears on that record?
‘*A. Yes, I recognize the handwriting of the various ones
[fol. 71] who handled this case, including Drs. Leeham and
Gates—those are about the main ones,
‘‘Q. Refreshing your recollection of this man’s case by
looking at that memorandum, will you state what other de-
tails you know about this man’s case, which you have not
testified to?
‘*A, For one thing, the man was in a highly toxie and
delirious state, and was unable to state anything other than
that he had been sick for seven days, with fever and pain in
57
his chest. The clinica} temperature on admission was 40
degrees centigrade,
. “Q. Which is how much Fahrenheit?
“A. 104 Fahrenheit. The pulse on admission was 120
per minute, and reached 130 per minute during the night.
“‘Q. What is the normal pulse, Doctor?
*‘A. The normal pulse is about 72 for a man, a little
faster for a female. The respiration upon admission was
36,
““Q. What is normal respiration?
**A, Normal respiration is about 17 or 18 per minute, de-
pending on the type of individual.
““Q. What do you mean by respiration, in layman’s
terms?
“A. By respiration is meant the number of breaths taken
per minute by inhalation and exhalation.
**Q. Continue on.
“‘A, Examination by Dr. Gates and confirmed by me
showed that the man had crepitant rales on the right middle,
the right lower and the left lower lobes of the lung, on aus-
cultation. He also had dullness over these areas, on per-
cussion. His breath was rapid, the lips were dry and
“*A. Labored respiration, the man gasping, trying to get
[fol. 72] enough oxygen to breathe by. The clinical impres-
“‘A. The man was unable to give any history as to his
past in regard to diseases, No evidence of tuberculosis
was made out, the treatment being directed at the lobar
pneumonia.
“*Q. Was there any evidence of malarial fever?
**A. There was no clinica] evidence of malarial fever, the
man having a definite pneumonia temperature with no
periods of remissions or no evidence of chills common in
“*Q. Will you continue.
“*A. I think that about covers it, as much as I know—do
you want me to go on with the treatment—what was done
for the man?
88 =
‘**Q. Describe what treatment was given. By looking at
the record, with the aid of the memorandum, does that re-
fresh your recollection as to what treatment was given the
man?
‘*A, I remember definitely the treatment the man was
given. He was given oxygen, because of his cyanotic con-
dition.
**Q. What do you mean by a cyanotic condition?
‘*A. By a cyanotic condition I mean that the man was
blue from lack of oxygen in his lungs. He was given stimu-
lants for his heart, because his heart showed a weakness.
He was given sponge baths for the temperature, and an
effort was made to make the man comfortable by sedatives,
by catheterizing the bladder and by rectal enemas.
**Q. When did he die, if you know?
‘*A. I know definitely the man died within 24 hours, the
exact time was October 23, 1928, at 8:45 A. M.
‘‘Q. Is there any other thing that you remember about
[fol. 73] the case?
‘*A. I remember that we were never able to revive the
man and everything was done that could be done for him,
but the case was apparently hopeless from the start. The
prognosis on admission was given as very poor.
‘*Q. Have you any present recollection of any other thing
in this record?
‘*A. No— other than that I tried to obtain an autopsy from
his brother, who was the nearest of kin, and his brother
refused same. ae
**Q. Does the record contain other facts which you know
to be correct? Does the memorandum, Plaintiff’s Exhibit
2 for Identification, contain other facts which you know to
be correct?
‘A. IT don’t recall any, I would have to look through the
record to refresh my memory.
**Q. Look at it.
‘A, For one thing, it also shows an ambulance record,
the hospital having been called at 3——
‘*Q. Did you have charge of the getting up of the clinical
records in that hospital?
‘‘A, Yes, it was my duty to see that all records were
properly kept, and it was my duty to check them before they
were filed—as my initials on the front show it has been
checked.”’
? i 59
Mr. Rosenberg: I offer the record in evidence,
_ (Plaintiff’s Exhibit No. 2 for Identification received in
evidence. )
Mr. Rosenberg (continuing reading) :
““Q. As executive officer of the Marine Hospital at Staten
Island, did you have charge of the ambulance service of that
(fol. 74] ‘‘A. That was under my supervision, to see that
an ambulance was immediately dispatched for cases,
*“*Q. What was the practice in your institution at that time
when calls were made from outside for ambulances or for
an ambulance, from your institution?
‘“‘A. The practice of the hospital is that the receiving
officer shall make an ambulance record ag soon as the call]
within three minutes of the call.
**Q. And in October, 1928, was that the practice?
“A. Yes, sir,
*“*Q. Can you say of your own personal knowledge that
your ambulances were dispatched within that time after
receiving the call?
“*A. Yes, sir,
**Q. In October, 19287
“*A. Yes,
*“Q. And were they so dispatched in October, 19289
‘“A. Yes, sir, we had two ambulances,
“‘Q. Where was that private car obtained?
“‘A. The private car was on the reservation, being the
property of the Government.
“*Q. Was this an ambulance or a private car that was
dispatched in this case?
“A. An ambulance was dispatched in this case,
**Q. Who was the person who had charge of making the
‘A. The receiving officer.
“*Q. What was his name?
Se ee ee ar se cg
60
‘*A. Dr. Gerkins.
**Q. Where is he at present?
‘*A, At the present time Dr. Gerkins is in Chicago, Illi-
nois, having left the service.
[fol.75] ‘*Q. Can you tell by looking at this record
marked Plaintiff’s Exhibit 2, what time the call was made
for an ambulance in your hospital with respect to Victor
Manuel Santiago?
‘*A, The call was received at 3 P. M. on October 22nd.
“*Q. 1928?
‘*A, 1928—to go to Carteret, New Jersey, near the ferry,
on the New Jersey side, to receive a patient named Victor
Santiago, off of the SS. ‘Delisle’. The call stated that the
man was very sick. The time that the patient was reached
was 4:20, and the time of arriving at the hospital was 5:45
P. M. The ambulance surgeon in this case was Dr. V. M.
Hoge.
**Q. Do you recognize the signature of the person who
signed this paper?
‘*A. Yes, sir.
**Q. Whose signature is it?
‘*A. The signature is that of Dr. Gerkins.
‘*Q. That is his signature on the page relating to the
calling of the ambulance?
‘*A. Yes, sir. The signature of the ambulance surgeon
Dr. V. M. Hoge is also on the ambulance record.
**Q. Do you know his signature?
‘*A, Yes, sir. ‘
**Q. Do you know where he is?
‘*A. No, I don’t recall where he is.
‘*Q. Who were Dr. Leeham and Dr. Gates?
‘A. Dr. Leeham at the present time is in the United States
Army Medical Corps.
‘*Q. Where is he located?
**A. I couldn’t tell you.
‘*Q. Do you know where Dr. Gates is located?
‘*A. Dr. Gates is practicing medicine, I think in Toronto.
“‘Q. What were they at that time, Dr. Leeham and Dr.
Gates?
‘*A. Dr. Leeham and Dr. Gates were both assigned to
the medical wards, under my supervision.
[fol. 76] ‘‘Q. You were their superior?
‘*A, Yes, sir.
- ; 61
. “Q. What army rank did you hold at that time?
““A. Well, my rank in the Publie Health Service was as-
sistant surgeon in the regular corps, corresponding to first
lieutenant in the army.
**Q. You checked up on the work of these doctors?
“A. Yes, sir, it was under my supervision.
**Q. And you checked up on them?
‘A. Yes, sir,
“*Q. Now what are the first symptoms that appear in the
case when a man is developing pneumonia?
**A. Well, the Symptoms are not always the same, but
usually a pneumonia patient who is developing jobar
defecate. I think that is a picture of it—and higher clinical
fever, with extreme signs of toxicity, I should say covers
it about as well as anything. He will show rapid pulse,
rapid respiration, with possible labored respiration—you
wat just the symptoms?
“*Q. Symptoms and signs—also describe the signs.
‘“‘A. The signs are what you would find yourself in going
over him.
chest, such as dullness on percussion over the consolidated
area and rales according to the extension of the disease,
and broncho-vesicular breathing in the areas not consoli-
dated, as compensatory mechanism—that covers it—in
other words, the areas consolidated aren’t functioning and
the other areas have to make up for it.
**Q. Could you tell after seeing Victor Manuel Santiago
in the hospital after he was admitted, how long—with rea-
sonable certainty—how long he had had this pneumonia
that you found to exist—yes or no?
**A. Yes, I could.
**Q. And tell us then how long you could say with rea-
sonable certainty he had had the pneumonia that you
found?
**A. I could state definitely that the man had pneumonia
at least four days prior to admission, because of the amount
of consolidation found in the lung area. It takes that long
for consolidation to form.
*“‘Q. When the temperature is above normal, at what
point in the temperature would you say a man’s situation is
serious?
‘*A. Any case with a temperature—having a temperature
101 or higher should be considered as seriously ill until
his temperature drops back to normal.
‘*Q. What is the normal temperature?
‘*A. Normal temperature is 98 6/10 degrees Fahrenheit,
35 degrees centigrade, I mention the centigrade because
the Government records all refer to centigrade records.
‘*Q. How long were you in the Coast Guard Service?
‘*A. About four months.
{fol.78] ‘‘Q. Assuming a man’s temperature on a Coast
Guard Service ship would be 103 degrees in temperature,
from your experience on such a ship, do you know whether
or not a qualified physician would be called to treat him at
such a time?
‘*‘A. A man with a temperature of 103 that persists, and
showing signs of severe illness, should be taken off of the
vessel at the nearest port.
**Q. Doctor, assuming that a ship leaves the harbor of
Boca Grande, Florida, in October, on a Tuesday, the date
being October 16th, 1928, and assuming that the ship leaves
in the latter part of the afternoon of that day; and as-
suming that on the following day a seaman on that ship
has a temperature of 104 degrees; assuming on midnight
of the following day, that is on the 17th, he has a tempera-
ture of 102, and on the following day, that is on the 18th at
8 A. M. in the morning, he has a temperature of 104 de-
grees Fahrenheit—whenever I say temperature I mean
Fahrenheit in all these cases—assuming that to be so, with-
out nothing more, what would you say as to the seriousness
of the condition of that man?
_ ‘A. I would say that his condition was serious, a tem-
assistance or not?
“A. Yes.
“*Q. Would it be dangerous to keep a man on board ship
at that temperature, without obtaining medical assistance?
*“A. Yes.
“*Q. I think that is enough.
**A. Of course asking any doctor at all—any doctor—a
man had a headache and ache in his bones—it may indicate
“A. The high temperature would indicate infection of
some kind, which would have to be differentiated from other
things.
**Q. That has nothing to do with the question of dan-
gerousness—that is right, isn’t it?
‘*A. Those symptoms would indicate to me that
the man was pneumonic, especially in view of the high per-
sistent temperature—few diseases giving a high tempera-
ture that persists over that period of time, with the symp-
toms indicated.
‘*Q. Would tuberculosis show a similar variation or con-
tinuation of temperature as I have indicated in this par-
ticular case?
‘*A. Tuberculosis in the incipient stages will show also a
temperature with remissions and exacerbations, usually
with slight elevation in the afternoon, and possibly a de-
cline even to subnormal in the morning periods.
**Q. What would be true as to tuberculosis when a case is
not an incipient case?
‘*A. In the far advanced cases, where a man develops
pneumonia with tuberculosis, it is possible that he may have
a more elevated temperature than that just indicated.
‘*Q. When in the far advanced cases of tuberculosis, does
pneumonia always co-exist with tuberculosis?
‘*A. No, sir.
**Q. When tuberculosis exists by itself, in the advanced
stage of tuberculosis, what would the symptoms or signs
be?
‘*A. State that again.
**Q. In the advanced stages of tuberculosis, what would
the symptoms or signs be?
‘*A. The symptoms would be that of a man running a
daily temperature, if he is in an active state, with evidence
of malnutrition, loss of appetite, loss of strength, and clini-
cal findings in the chest would be that of a pulmonary tuber-
culosis.
‘*Q. Can you say from your having examined Victor Man-
uel Santiago that he did not have tuberculosis?
‘*A. I did not see any evidence of tuberculosis.
‘*Q. How does the temperature run in advanced cases of
[fol. 81] tuberculosis?
‘*A. Of course there is tuberculosis and more tubercu-
losis, there are various types of tuberculosis, it depends
upon the part that is involved.
“MQ, Is the temperature even or uneven?
” In tubereulosis it is more uneven, and it does not
reach the elevated—does not go as high as in pheumonic
tuberculosis.
**Q. Do the temperatures that I have already stated in my
questions to you—does that indicate an incipient or ad-
vanced stage of tuberculosis or not?
*“*A. No, it does not. The nature of the temperature as
being high and Persistent, is not indicative of tuberculosis.
“*Q. Of any kind, incipient or advanced?
**A. Unless the man had a complication of pneumonia with
tuberculosis. You see tuberculosis and syphilis, you may
find anything and everything, there is no set type of case,
they vary a great deal, you can’t lay down any general rule,
they are two things that anything or everything may hap-
“‘Q. How does the fever or temperature run in case of
malarial fever?
“Q. Does that mean that in every case of malaria there
are intermittent spells of high temperature or fever and
“‘A. There was no indication of malaria, he was a typical
pneumonic.
5—12
66
‘‘Q. Now what kind of nursing—assuming that this sea-
man had the temperature that I have already indicated on
the dates and at the times that I have suggested, what kind
of nursing would be proper during that time?
‘A, A man with symptoms as heretofore described should
be given very careful nursing, he should be isolated, placed
in a room which is well ventilated with cool fresh air and
plenty of bedclothes. He should be given special nourish-
ment, such as nourishing liquids, as eggnogs, orange juice,
broths and such stuff. He should be given an initial purge,
as calomel, and he should be given sedatives to keep him
quiet, to conserve his strength and to keep him from throw-
ing the bedclothes off and subjecting him to more chills.
He should have a special attendant to stay with him con-
stantly to make him comfortable and to see that he is prop-
erly taken care of until he could be taken from the ship.
‘*Q. What care should be taken of such a man with refer-
ence to his going to the lavatory and so on?
‘‘A. A pneumonia patient or a man with a high tem-
[fol. 83] perature should not be allowed to get out of bed
because of the extreme strain on his heart and his body
mechanism, he should be given a bedpan and made to use
it. If his bowels did not move daily he should be given an
enema, and if necessary he should be catheterized, if his
bladder failed to function.
**Q. Would it be proper to give a man in the condition
that I have described a purge every day, or regularly?
‘*A. No, it would be proper to give him a purge as calo-
mel, early in the case, but daily cathartics and laxatives
tend to weaken a pneumonia patient.
‘*Q. What is the effect of weakening the patient?
‘*A, Well, in pneumonia the main thing is the resistance
of the patient and conserving his strength in order to pull
him through the period of crisis, by constantly getting up
from bed it is a strain on the man’s heart, which has to be
carefully watched in pneumonia patients. _
‘‘Q. From your experience in the Coast Guard Service,
do you know anything about the availability of the Coast
Guard Service in connection with medical treatment and
service between the ports of Florida and the ports of New
York and New Jersey? .
‘*A, The Coast Guard is supposed to help any ship in
distress or to answer any call involving any man in distress
67
on a ship, and to place the man in the nearest available
Marine Hospital, or nearest available port, if he is seriously
sick, such stations are located at Key West, Jacksonville,
Fernandina, and a relief station can be found in any city
or port of any size in the United States—that is of marine
optation—a clinical or medical relief station authorized by
the United States Public Health Service.
“*Q. Do they do what you have just stated?
[fol.84] ‘A. Yes, they do, I have known a number of cases
where they were taken off and brought into Key West for
instance while I was at the Marine Hospital at Key West.
In fact, captains are ordered to report any case to the Treas-
ury Department in which the Coast Guard fails to answer
a call.
‘**Q. Is pneumonia contagious?
“*A. Yes.
“*Q. In cases of pneumonia is quinine a proper medicine?
“‘A. Quinine is considered as an antipyritic in lowering
temperature, and opinion varies in the medical profession
as to whether quinine is better than some of the other anti-
pyritics.
“*Q. Assuming that quinine were given to a man in a
state of high temperature, that is a temperature ranging
from 104 to 103 degrees—at one time 102—for a period say
from the 17th of October to the 21st of October, assuming
quinine were administered, how often should the quinine be
administered to be effective?
**A, Quinine is really more indicated in malaria for tem-
perature than in pneumonia. It is my experience that qui-
nine has little or no effect in pneumonia, because in fact the
effort of treatment should not be to lower the temperature
too much, since it is supposed to affect the crisis. No effort
should me made to lower the temperature too rapidly in
pneumonia unless the person reaches a stage of hyper
pyrexia.
*“*Q. Which means? |
*‘A. Which means that his temperature is around 106
degrees,
“*Q. Assuming the testimony to show that the steward of
this vessel gave this sailor who was ill and had this tem-
perature running from 104 to 103 degrees as above indi-
cated—except the 102 degrees temperature, gave him
[fol. 85] castor oil in the morning and salts in the after-
noon on the 17th of October, 1928, what effect would that
administrating of medicine be?
‘*A. Too drastic purgation would effect to weaken the
patient to some extent.
“*Q. Would you say that giving medicine in that man-
ner—that is castor oil in the morning and salts in the
afternoon, would that be too drastic purgation or not?
‘A. I would not advise it except on the first day of the
clinical symptoms.
**Q, If that were continued for more than a day, would
it become a dangerous thing to do?
**A. It would be dangerous in that it would weaken the
patient to an unnecessary extent.
**Q. Would you prescribe it for the first day?
‘*A. Personally I prescribe calomel as an initial purge on
the first day, and a very mild laxative after that, such as
easeara. I would not give salts after the first day. Of
course this treatment stuff varies according to your ex-
perience, some doctors now may not agree with that.
**Q. What do you mean by that?
‘*A. My particular line of therapeutics—each doctor has
his own particular line of therapeutics from which he gets
the best results. What I mean is what I say is not laid
down as the best method of treatment, it may vary ac-
cording to the experience of the doctor.
**Q. Is this treatment that you have stated the best
method of treatment in your opinion?
‘*A. In my opinion it is—of course personally I believe
in getting the pneumonia serum into the patient as East
as you can, that is my method.
**Q. Is it necessary to bathe a patient who is sick wi
whose temperature runs in the manner that I have indi-
cated?
‘*A. A pneumonia patient should be given an alcohol or
sponge bath daily in such a way as not to expose him to
[fol. 86] undue chill, I mean by that doing-one leg, maybe
in an hour do another leg, a little part of body at a time,
that makes him more comfortable and keeps him less
restless.
**Q. Does any medical authority disagree with that point
of view?
‘A. I couldn’t state as to what all medical authorities
agree on.
69
“*Q. In your opinion, is that the safe thing to do?
“A. That is the usual consensus of opinion amongst the
degrees, on the 18th, 104 degrees, on the 19th, 103 degrees,
on the 20th, 103 degrees, on the 21st, 103 degrees; assum-
ing that during this trip he had been coughing and vomit-
ing, that his stomach had troubled him, that his bones
ached, that he had a headache and that he was perspiring,
and that quinine was administered to him, also castor oil
and salts—assuming that to be
with reasonable certainty whether or not this man Santi-
ago was suffering from pneumonia during all of this time?
“*A. Yes.
**Q. And was he?
**A. Yes.
**Q. Based on those questions?
“A. Yes, in my oninion he was.”
Mr. Crawford (Teading) :
‘*Cross-cexamination.
“‘By Mr. Crawford:
“Q. This serum treatment in cases of pneumonia that
[fol. 87] you spoke of, is that universally given in cases
of pneumonia today?
“A. Any physician who understands pneumonia at all
recognizes the value of pneumonia serum, in fact statistics
show it cuts mortality 33 per cent over a series of thou-
sands of cases.
**Q. But is that universally given in hospitals of the
United States?
“‘A. It is given in the best of them—I can’t say as to
all of them, I haven’t been in them, but it is recognized
treatment and given by the United States Public Health
Service who control the Hygiene Laboratory who make
recommendations to all institutions in regard to the best
line of treatment.
Urte@r twee
rs PERI
SRE DRE KC i eee erie -
Ae Cala eS Rai ot URES ARR CN:
70 .
**Q. When is that treatment given?
‘‘A. That treatment is given as early as possible after
the diagnosis is established.
“*Q. And you said that where it was given very early, I
think, in the course of the treatment, that approximately
only 12 per cent of the pneumonia cases were fatal, is that
correct ?
‘A. That is according to my records of while at the
United States Marine Hospital.
‘*Q. How early would you say that serum treatment
would have to be given in order to bring it within this
class where recoveries are made in 88 per cent of the cases?
‘*A. I feel it should be given as soon as possible, the
sooner the better.
‘*Q. Within how many days of the beginning of the high
fever?
‘A. Well, even after the fever is high it is of value but
not as much value as early.
‘*Q. For instance, if a man has had a fever of 104 de-
grees for a day, do you mean to say that giving of the
serum after that time would not have as much value as if
given before?
‘*A. It would be still of very great value, in fact you
[fol. 88] may not be able to establish the pneumonia until
it is 104 degrees.
‘*Q. But giving it a day after a man had this 104 degrees
temperature would probably not bring it within 88 per cent
recovery class, would it? ?
‘*A, Within one day would be of great value, yes—if
given within one day, in fact it is of value at any time if
the patient is able to stand the treatment.
‘‘Q. Now assume for any reason that this serum treat-
ment is not given within a day or two after a case of pneu-
monia starts, what then in your experience is the mortality
rate in pneumonia cases of this general lobar character?
‘‘A. The mortality is in proportion to the length of time
in which the serum is injected in the patient.
‘*Q. Assuming no serum treatment is given at all, what
is the mortality in cases of pneumonia?
‘A. That depends on the particular type of pneumonia
involved.
“‘Q. Given this particular type in this case, 1 am not
trying to pin you down to exact percentage, you have
71
given one percentage, I want to know whether it is near
12 or what it is?
- “A. This particular type without serum, the pneumonia
mortality I would say would be roughly between 30 and 33
per cent with serum—if given early the mortality would be
about 12 per cent according to my observations.
“*Q. I want you to tell us exactly what limits you put
on this early giving of serum, how soon after the illness
starts?
“A. I mean by early that the serum should be given
before the patient has undergone complete consolidation
in his lungs, because the serum prevents the consolidation
of the lung tissues,
*“*Q. Plenty of fresh air is a recognized way of treating
[fol. 89] a patient with pneumonia, is it?
‘A. Plenty of pure fresh air without drafts is a recog-
nized method of treatment, due to the fact that the patient
is unable to get ‘much oxygen, due to his lung involvement,
he should be given all the fresh air possible, in fact, on my
wards, I always have all windows down from the top, even
in severe cold weather.
‘*Q. Is that true even in damp rainy weather?
“‘A. Even in damp rainy weather, a man should have
plenty of fresh air.
“*Q. In other words, it is more important for him to get
fresh air than it is to have him free of dampness?
‘“‘A. He should be kept dry and well covered, so as not
to expose him to cold from drafts.
“*Q. What would you recommend in the way of covering
for a man with pneumonia where the temperatures in the
locality where he is sick average over 80 degrees?
“A. With a temperature of 80 degrees, given a patient
with pneumonia, I would recommend that the man be placed
between clean sheets, and that one good wool blanket, be
placed over him, with a clean counterpane.
**Q. That one blanket would be all sufficient, you think?
‘‘A. If it was a good warm wool blanket, if it was a thin
blanket I would recommend two, depending on the par-
ticular blankets—the wool.
“*Q. This treatment that you outline for pneumonia is
the treatment that you prescribe and the treatment that is
given in hospitals with which you are familiar and have
been connected, isn’t that so?
72
‘*A. Yes, sir.
**Q. Isn’t the spitting of blood a sign of tuberculosis, the
coughing up of blood?
[fol. 90] ‘‘A. Spitting of red blood in hemorrhage form,
but the spitting up of prune juice sputum or blood tinged
sputum is more a sign of pneumonia. In tuberculosis the
hemorrhage is profuse and usually amounting to two table-
spoonsful- or more.
**Q. If you had had an autopsy in this case, could you
have determined whether or not this man had had tubercu-
losis as well as pneumonia?
‘*A, Yes, by a pathological inspection of the lungs, tu-
berculosis could be found in the lung tissue.
**Q. And that would be one of the things you would
have examined this body for?
‘*A, It was not indicated in this condition.
‘*Q. Just answer my question please. And that would
be one of the things you would have examined this body
for?
‘*A. Yes, on an autopsy a body is examined for all con-
ditions, including tuberculosis.
**Q. Assuming that Santiago had been spitting blood—
coughing up blood before the vessel arrived at Boca Grande,
Florida, and before he had any fever or other indications
of this disease which you have proclaimed pneumonia, what
would that indicate to you as to the presence or absence of
tuberculosis? i
‘*A. That would depend on the amount of blood, the color
of it and the source from which the blood came would have
to be traced to arrive at a definite conclusion, as the blood
may possibly have come from the gums, throat or various
other places.
‘*Q. Somebody comes to you as a doctor and tells you
they have been coughing or spitting blood, you assume that
comes from their lungs, don’t you?
‘*A. If the blood is profuse and frothy in ‘appearance, as
though it had been aerated, it is usually from the lungs. If
{fol. 91] it is dark and clotted in any great amount, it is
usually vomited up from the stomach.
‘*Q. If a patient comes to you and tells you he has been
spitting or coughing up blood, you right away think of
tuberculosis, don’t you?
73
**A, That is commonly thought of, yes, sir, in that condi-
dition.
- “Q. What are the chances of a person suffering from
tuberculosis who gets pneumonia, as compared with a non-
tubercular patient?
‘A. The chances are very much poorer in a tubercular
patient.
**Q. You wouldn’t expect a ship’s officer to know the dif-
ference, particularly in its early stages, between pneumonia
and malarial fever, would you?
‘A. No, I don’t think I would. I think, however, that
he should, if the man is sick, he should read up and find out,
I wouldn’t expect him to know offhand, but I see no excuse
for his not reading up in the ship’s manual.
‘“*Q. You think the average officer could tell by reading a
textbook or ship’s manual the difference between the fever
of pneumonia and other fevers?
‘“*A. Why, the Public Health Service manual is very plain,
I think a man by studying the case a little bit could deter-
mine that the man had a definite pheumonia, in view of the
fact that the patient is delirious and gasping for breath, he
should certainly know something is wrong with the lungs.
**Q. You are assuming knowledge on the part of the
officer that the patient is delirious and also that he was
gasping for breath, is that right?
‘*A. Yes.
‘“*Q. Now the broth or Soups as a food for this man in
his condition that has been prescribed are proper in your
opinion, are they not?
‘“‘A. Yes, sir, as a rule a liquid nourishing diet is better,
[fol. 92] especially early. Of course if the man reaches the
crisis and is over his crisis, he should be given more—a
little heavier type of foods, such as soft custards and even
meat—a full diet.
“*Q. Was there any pleurisy connected with this pneu-
monia—this case of pneumonia?
“*A. In this case of pneumonia a pleuretic rub was ob-
tained on examination, which indicated that the man had
some slight pleurisy beginning with his pneumonia.
“‘Q. You are convinced that the pleurisy did not antici-
pate the pneumonia, are you?
“A. It is very common for pleurisy to accompany pneu-
monia or to be present as a sequela or complication fol-
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74 =
lowing pneumonia. You see the lung is involved and the
pleural lining of the lung naturally becomes involved when
it reaches the peripheral of the lung.
**Q. And cases of pleurisy are very closely associated
with tubercular cases, are they not?
‘*A, Any condition affecting the lung is apt to have a
pleuretic condition accompanying it.
‘*Q. You have no knowledge whether this pleuretic con-
dition that you saw sign of existed only beginning with the
man’s case of pneumonia, or whether it existed before that
time?
“A. I couldn’t state.
‘*Q. Barring the giving of serum which you have de-
scribed, there is very little to do for a pneumonia patient
except to carefully nurse him and let the disease run its
course, isn’t that a fact, Doctor?
‘*A. Well, of course the value of drugs enters into it, the
patient should be given sedatives to quiet them, and should
also at times be given stimulants if you feel that their pulse
is getting weak. The nursing treatment in pneumonia is of
course very important. ,
[fol.93] ‘*Q. It is nursing rather than treatment you
ordinarily consider as being the doctor’s treatment, isn’t
that so?
‘*A. No, I wouldn’t exactly state that, I mean by nursing
carrying out the necessary orders of the doctor with regard
to medicines, as well as, you might say, care of the patient.
‘*Q. Doctor, pneumonia is one of the most serious dis-
eases that people are afflicted with in this country and
others, isn’t that so?
‘A. Yes, and it is one of the most fatal diseases.
‘*Q. It is recognized as being a disease which causes the
death of many thousands of people in the United States
every year, isn’t that so?
‘*A. Well, that depends on the typical—on the type of
pneumonia, as I say, lobular pneumonia in a patient who is
weak and run down may terminate by a condition of lobu-
lar pneumonia, but lobar pneumonia is considered as a true
pneumonic condition, separated from the terminal pneu-
monia——
‘*Q. Let us confine ourselves to lobar pneumonia such as
this man had. It is a fact that even when he gets the best
75
treatment in hospitals and is given this serum that you
have described, that 12 per cent of the cases are fatal?
- “A. That is about right.
**Q. And if he isn’t in position to get this excellent treat-
ment promptly, the percentage of fatality becomes very
much greater?
**A. It would be higher, yes,
**Q. So you can’t predict in any given case of pneumonia
when a patient enters a hospital, that he is going to
recover?
‘A. I didn’t state that any patient would have a 100 per
cent chance of recovery, no,
(fol. 94] <Q, And it is possible that even with the best
treatment in the world a patient with this disease will die?
“A. It is possible, yes,
“*Q. It is not only possible, but in a great percentage of
cases it happens, doesn’t it?
“A. I wouldn’t say in a great percentage of cases, but
I would say in my opinion that about 12 per cent.
**Q. 12 per cent in cases of the best treatment, and in
deal larger than that?
“*A. It must be larger, yes, sir.
“'Q. I want you to tell us exactly what limits you put on
this early giving of serum, how soon after the illness
starts?
‘“Q. That consolidation is of course one of the fatal
factors?
“A. Consolidation means that the lung tissue—means it
is hard and friable, in that way no oxygen is allowed to go
in or out, thus subjecting the patient to extreme signs of
toxicity, due to lack of oxygen.
““Q. Getting at it another way, about how soon does con-
solidation take place after the disease starts?
**A. This consolidation takes place, according to the
medical authorities, takes place about the fourth or fifth
day. You see consolidation is the third stage, the patient
has to go through two previous stages before he reaches
76 er,
**Q. What are those stages?
‘A. Those stages are congestion in the lungs and en-
gorgement, you see the lungs become congested and en-
[{fol. 95] gorged, and that material consolidates into a hard
friable mass.
_ *Q. When does consolidation begin?
‘A. Consolidation begins about the fourth or fifth day,
that is complete consolidation.
**Q. You do not expect that officers on board ship are
going to be able to afford all these ramifications of treat-
ment that you have outlined, would you?
‘*A. I would expect an officer on a ship to be familiar
with common symptoms of sickness, and if he wasn’t
familiar with them, to look them up in some type of manual,
and to be guided accordingly.
**Q. I asked you about the treatment that you recom-
mended in cases of pneumonia. I ask you if you would ex-
pect on an ordinary freight ship such treatment could be
afforded?
‘*A. I would not expect an officer on a ship to give serum,
but I would expect the other treatment to be followed out.
**Q. You would expect him to follow out all the other lines
of treatment that you have outlined in your direct examina-
tion?
‘A. I would expect the other items of medication, with
the exception of giving of pneumonia serum on a ship.
‘*Q. Have you ever been on a ship where they had the
facilities to do all the various things that you recommended
in this case?
‘*A. According to marine laws, a ship is required——
**Q. Just answer the question, never mind about marine
law. (Repeated.) Have you ever been on a ship where
they had the facilities to do all the various things that you
recommended in this case?
“A. Yes.
**Q. You have been on a ship where they have had all
the means of carrying into effect the various details of
[fol. 96] treatment that you have outlined in your testi-
mony?
‘*A. I board ships daily where they have such accom-
modations.
**Q. By the usual expression of a layman without any
medical education, when they talk of a man spitting or
77
coughing blood, in your experience that isn’t usually blood
from a tooth or the gum, is it?
. “A. It often is, people with diseased gums commonly
spit blood.
ever Cause it arose, was abating?
“A. If it dropped from 104 to 102 and still dropped to
normal, I would say that it was an indication, but if it went
back up again why I should say that the condition should
still be considered as being serious.
“*Q. But until the temperature went back up again from
102, wouldn’t you think as a reasonable man that this fever
was running its course?
‘A. No, the nature of fever is that it will fluctuate a
little bit, a small amount, it doesn’t Stay at a fast level,
it is bound to fluctuate to some extent. However, [
wouldn’t let the temperature be the sole guide in a case of a
man who is sick, I would naturally take into consideration
other symptoms and findings.
“*Q. This crisis that you mentioned is peculiar to pnen-
monia, isn’t it?
“A. It is peculiar to the type of pneumonia known as
[fol. 97] lobar pneumonia, but not lobular pheumonia.
*“Re-direct examination.
By Mr. Rosenberg :
*“*Q. Now, the oil tankers that you spoke of, are they
freight ships?
“*A. Yes, sir, they carry oil cargoes.
**Q. They don’t carry passengers—do they or do they
not?
“*A. No.
<Q. Assuming that the temperature was 60 degrees
Fahrenheit while this seaman was sick on the 21st day of
78 ae
October, what coverings would you prescribe for him then,
Doctor—the outside temperature—and no artificial heat in
the forecastle where he was lying?
‘A. With a temperature of 60 degrees outside, that is
about the same temperature you asked me about. I would
recommend—as to how much covering you would put on,
would depend on the quality of the covering, I would recom-
mend I should say with a temperature of 60 two warm
blankets with sheets and a counterpane.
**Q. And of what material would you have the blankets?
‘‘A. I would have the blankets of wool.
**Q. Now assuming that broth were given to this seaman
as you saw him, and he had been fed by the ship right along
during his illness, how should the broths have been admin-
istered to him?
‘‘A. Why, it should have been given to him by mouth
at short intervals of three hours, as much as he would hold,
and if the man was too delirious to take it by mouth, he
should be given food by rectum.
‘*Q. Would there be normally any need of an unnatural
[{fol. 98] way—would the person giving the broth have to.
give it to him manually or not, in your opinion?
‘*A. If the patient did not take broth readily and was in
a delirious state, he should be fed nourishment by an attend-
ant, in order to keep up his strength.
‘*Q. How should he be fed?
‘*A. He should be fed by spoon, if he could take it.
‘*Q. Should he be compelled to take it or not?
‘*A. He should be compelled to take nourishiny foods be-
cause he needs his strength to carry him through the period
of crisis.
‘*Q. Do you know as a matter of fact whether the officers
on merchant ships are required to obtain a certain amount
of medical knowledge before they obtain a license to act as
officers on merchant ships? Do you know that?
‘A. To my knowledge, an officer on a ship before receiv-
ing his license is required to have a first aid certificate.
‘*Q. Do you know that to be a fact?
‘*A. I know that to be a fact, yes, sir, according to mari-
time laws. .
‘*Q. What does a first aid certificate mean, as a doctor,
what do you mean by that?
79
€ man sweating, a possible chance of
e chills, also to facilitate the sponge
baths and treatment, he should be required to strip and
y days from the first presence of
pneumonia fever should an officer recognize the difference
between such fever and malarial fever?
“A. Well, after the temperature has been elevated for a
period of two or three days, it would indicate that the man
was not suffering from malaria.
“*Q. If a person suffering from fever is not restrained
and kept in bed, will he get out of his bed and go about even
in the open air?
“*A. He will if he is delirious, a man who is delirious of
course will make an effort to get out of bed, may make an
effort to fight or do lots of things.’’
Mr. Crawford: Page 54. (Reading :)
“*Q. Could you tell from your observation of Victor Man-
uel Santiago how long he had been delirious before you
saw him?
“ Recross-examination.
““By Mr. Crawford:
“*Q. What is the effect on a patient suffering from pneu-
monia, of smoking cigarettes?
Ltr et
~—te
80 a
‘*A. Well, a pneumonia patient shouldn’t be allowed to
smoke cigarettes, and it is the custom in all hospitals to
have the pneumonia wards, the air cleared of any smoke
[fol. 100] or any disagreeable odors, the patient should be
compelled not to smoke if he tried to.
‘“Q. The effect is very bad on the patient, isn’t it?
‘*A. Naturally, the lung tissue is pretty well consoli-
dated, he needs all the air and the little bit of lung tissue
he has got to inhale, I should say, oxygen.
‘*Q. Smoking would tend to hinder a patient in getting
the oxygen that he needs very badly in this condition,
wouldn’t it?
‘‘&. Smoking should not be permitted at all in a pa-
tient with pneumonia.
**Q. You consider it very dangerous for a patient with
pneumonia to smoke?
‘A. Not exactly dangerous, but it doesn’t help any.
‘*Q. It actually harms, doesn’t it, Doctor?
‘A. It does to such extent, I wouldn’t say it is a matter
of life or death, it shouldn’t be allowed, the patient should
be restrained, or allow nobody in the ward with a cigar-
ette.’’
Mr. Rosenberg (reading) :
‘*Q. Can you say from your observation of Mr. Victor
Manuel Santiago—that if he had been given proper medi-
cal care and treatment, could you say with reasonable cer-
tainty that he would have suryived?
‘A, IT ean state that with my experience that he would
have a possible chance of 88 out of 100 of surviving.’’
Mr. Crawford (reading) :
‘*Q. That is in case he got immediate and prompt treat-
ment and was given the serum that you have mentioned,
isn’t it, Doctor?
‘A. In case he was given the treatment I outlined pre-
viously. :
‘‘Q. And that a hospital was available to give him this
[fol. 101] treatment within 24 hours after he became ill?
‘‘A. If he should have been taken to a hospital within
24 hours.”’
Mr. Rosenberg (reading) :
‘*Q. Would you limit it to 24 hours?
81
‘A. Well, I mean early in the disease.
““Q. Would you say, Doctor, that if Victor Manuel San-
tiago had been given reasonable medical treatment by the
his chance of dying?
“*A. Yes.’
_-_
Mr. Rosenberg read from the deposition of Miguel Ro-
sada, as follows:
**Miave. Rosapo, being duly Sworn, and examined as a
witness, testified as follows:
“By Mr. Rosenberg:
“Q. Mr. Rosado, you are a seaman?
**A. Yes, sir.
““Q. Were you an A B seaman in October, 1928?
“fA. Yes.
**Q. Well, was Victor Santiago sick when you were ready
to leave?
“fA. No, sir.
**Q. Was there any change of linens or coverings made
on your bunks in the forecastle during the whole trip?
**A. No, sir.
“‘Q. How many times did you see the chief officer in the
forecastle after Santiago took sick?
“*A. I see the chief officer only one time.
**Q. Only one time?
“‘A. Yes, when I was in the room.
6—12
“*Q. What did the chief officer do for Victor Santiago at
that time?
**A. The first time he come when I see him—he come look
for him for work; after that I didn’t see him.
**Q. How many times did you see the third mate there?
**A. I see the third mate two times.
‘*Q. What did the third mate do each time?
‘*A. The first time he take a temperature and one—two
days—one day before we reach Cape Hatteras he come and
take his temperature.
**Q. Did you or did you not see Victor Santiago smoke
while he was sick in the forecastle?
‘*A. No, sir, I didn’t see him smoke.
**Q. After the first day out of Boca Grande did you ever
see Victor Santiago in the messroom?
**A. No, sir, I didn’t see—I didn’t see Victor Santiago
in the messroom in the whole trip, when we left Boca
Grande to New York—lI didn’t see him.
**Q. Tell us what you saw about him at that time before
you reached Point Jupiter?
‘‘A. Isaw him. He was crying again. I turned the light
off and I look at him. When I saw his bunk it was so dirty
and then I say what he want. He say ‘I want to go to the
toilet.’ So I went to take him to the toilet and it was too
[fol. 103] late, he do everything in the bunk. And
the next day—the next day I got to take him to another
bunk with the same clothes because the other bunk was
dirty—the steward didn’t come and change.
**Q. He moved his bowels in the bunk?
**A. Moved his’ bowels, yes.
**Q. As far as you know, yes or no—I mean did any of
the officers, as far as you know, order the bunk to be
cleaned?
‘*A. Well, I didn’t see no officers say nothing about the
bunk or clean it.
**Q. Now, this water that came from the toilet—tell us
where did this water come from, from the toilet—from
what part of the toilet?
‘“*A. This is a pipe of salt water, the water go to the
toilet, you know, to clean everything—well, the pipe is
broken, leak, and the water come through there underneath
—come through the forecastle, it come through the alley —
too.
““Q. Did you stop the water pipe?
**A. Can’t stop.
““Q. Did the engineer try to stop the water pipe?
“*A. I didn’t see the engineer come and fix it when I was
in the forecastle,”’
Mr. Crawford: Reading from the direct examination of
Mr. Rosado:
“*Q. Did you ever see more than one blanket on Victor
Santiago’s bunk?
““A. No, sir, only one blanket and two sheets and one
pillowcase.
“*Q. Did you see Victor Santiago smoke at all while he
was sick in the forecastle—was he smoking? .
“A. He buy about six packages of cigarettes and a
friend of mine in the ship he took it and put it in the suit-
case because the rest told him, ‘Don’t let him smoke, maybe
make him more sick.’ ”’
(fol. 104] Mr. Crawford: Page 39, beginning at the cross
examination. (Reading :)
“*Q. You say that it was three days after you left Boca
Grande when Santiago became worse, is that right?
“*A. Yes, sir. ,
“*Q. And after three days out from Boca Grande he was
too weak to stand up?
“*A. Yes, sir.
““Q. Santiago didn’t become sick until the night you left
Boca Grande, is that right?
“*A. Yes.
“*Q. You told Mr. Rosenberg that he became worse after
you had been three days out of Boca Grande, is that
“‘A. Two days after—_—
““Q. You said three days. Do you want to change it to
two days? Which is right?
“‘A. Three days.
“‘Q. For three days he was sick but he was not so very
sick, is that right?
**A. Yes, sir.
“*Q. And then after three days he got worse?
‘A. Yes,
**Q. Now, those first three days after you left Boca
Grande, coming around past Miami and Palm Beach—
those three days he could still stand up on his feet,
couldn’t he?
‘*A. Yes.
**Q. Now, those first three days, was he able to go to the
toilet himself?
‘*A. No, sir.
**Q. Did you help him?
‘CA. Yes, sir.
**Q. Did you help him many times?
‘A. Yes, sir.
‘*Q. How many times—three or four times a day?
‘*A. Three times..
‘*Q. Was the weather fine or stormy?
‘“A. Well, it was not so hot and not so cool, it was more
hot than cold.
**Q. And you had the portholes all open, did you?
‘*A. Yes, sir.
**Q. Was the weather fair or was it stormy?
‘*A. It was fair.
{fol. 105] ‘*Q. And you didn’t have to close the portholes
on account of seas coming in, did you?
‘A. No, sir.
**Q. You could keep them open all the time and no water
came in?
‘*A. We keep them open until one day before we reached
Cape Hatteras.
**Q. And you never got any water in through those port-
holes, is that right?
‘*A. No, sir, we got water in the floor but that come from
the toilet.
‘*Q. Water came from the toilet?
‘*A. Yes, sir, toilet is right across the room.
‘*Q. Did the sailors mop that water up when it came in?
‘*A. Yes, the sailors do that, the messboy is supposed to
do it but——
‘*Q. But the sailors did it in this case?
‘*A. Yes, sir.
**Q. You did it yourself?
**A. Yes, sir.
‘*Q. Every time you saw water on the floor you mopped
it up?
85
‘A. Yes, sir.
““Q. When you changed Santiago’s bunk, you got some
- ¢lean or some new blankets and linen for him?
**A. My was little clean, his was so dirty—he do every-
thing in his bunk, and I changed to mine.
“*Q. You changed him to your blankets and your linen?
‘A. Yes, sir.
““Q. You got some more for yourself?
“A. No, sir, I stayed without blankets.
**Q. You didn’t ask anybody for blankets?
‘tA. No, sir.
“Q. Did you yourself tell Santiago not to smoke any
more?
““A. Yes, sir, I did.
“*Q. When you told him that, he was smoking, wasn’t he?
““Q. What was his name?
**A. Coto.
““Q. Did he steal them?
“A. No, he didn’t steal it, he kept it for him. He say
‘All right, when we get in New York you be all right, I
give back to you.’
““Q. Are you sure about that?
“*A. Yes, sir.
“*Q. If Coto himself says he stole the cigarettes, you
think he is mistaken?
“A. No, he didn’t steal the cigarettes, because he ask him
first and he give it to him.
*“*Q. You want to swear you never saw Santiago smoke
a single cigarette after he left Boca Grande?
“A. Yes, sir, absolutely.
“Q. But in spite of that, you and other sailors warned
him not to smoke—that’s your story?
**A, Yes.
“*Q. Did this man keep his blankets on while you were
in the stateroom?
“A. Yes, sir.
86 ,
**Q. The only water that you saw in the forecastle was
this water that you say come in from the toilet and was on
the floor?
‘CA. Yes, sir.
**Q. And that was all the water you ever saw in the fore.
castle?
‘A. Yes, that’s the only water.
‘*Q. And you swear there was no other water at any time
in the forecastle?
‘*A. Yes, sir, I swear.
**Q. No water ever got on your bunk?
**A. No, sir.
**Q. No water ever got on any of the bunks in the fore-
castle?
‘fA. No, sir.
‘*Q. Now, coming up on this voyage from Boca Grande,
did you use the blanket that was on your bed—did you
[fol. 107] cover yourself up at night?
‘*A,. When we left Boca Grande?
“*Q. Yes.
‘*A. No, sir, it was too hot. We used the blanket one day
before we reached Cape Hatteras.
‘‘Q. You were never in the forecastle when food was
brought to Santiago—soup—
“*A. No, sir.
‘*Q. You know food was brought to him—you say the
messboy brought the soup? =.
‘A. I could see the messboy going forward with the soup.
‘*Q. How big was this stream of water you say came into
the forecastle—was it just a leak from the pipe?
‘*A. Yes, just a leak.
**Q. A little trickle of water?
‘*A. Yes, sir.
‘*Q. And with the mop you could clean it up right away
and then it would start again, is that right?
‘‘A. Yes, it would start again and that way every time,
every time. It keep the-——
‘*Q. Just made the floor damp?
‘*A. Make wet, yes, sir.
‘“‘Q. There wasn’t any great stream of water on the floor,
was there?
‘*A. No, sir.
87
“*Q. You mean that it didn’t flow in, it just come in in a
trickle, is that right?
’ “A. Yes, sir.
**Q. Drops?
**A. No, it came run, not drops.
**Q. Came running?
‘‘A. Came running, yes, sir, all the time.
**Q. Was the stream as big as this pencil (indicating) ?
“*A. No; is more big.
**Q. And you mean to say that water was running in there
all during the voyage?
‘A. All day, yes. We got to keep a man all the time with
the mop.
“*Q. How often was that floor mopped—twice a day?
“*A. Every five minutes.
“‘Q. Every five minutes?
‘A. Yes, sir.
(fol. 108] ‘*Q. Did you speak to the captain or any of the
officers about that?
‘fA. No, sir, I don’t speak.’’
Mr. Rosenberg reading from the deposition of one Juan
Coto (reading) :
“Juan Coro, being duly sworn and examined as a witness
for the plaintiff, testified as follows:
‘“By Mr. Rosenberg:
“*Q. How old are you?
‘SA. 36.
“*Q. Were you on the steamship ‘Delisle’ on a voyage that
began in October, 1928?
**A. Yes, sir.
*“*Q. What position did you have on that ship?
“fA. On the first trip I was a wiper——
“*Q. And you slept in the firemen’s quarters, isn’t that so?
**A. Firemen’s quarters, yes, sir.
“*Q. And your room—that is, the room ia which the fire-
men slept was right across from the room in which the sea-
men who belonged to the deck force slept, is that right?
“A. Yes.
88
. *Q. When did you notice for the first time that Victor
Santiago was sick?
‘A, Wednesday morning.
**Q. How did you happen to notice that?
‘*A. I heard the first mate come in the room.
**Q. Whose room do you mean?
‘*A. The sailors’ rooms.
‘*Q. First, what time of the day was it?
‘fA. Abou- half past 8.
‘*Q. Did you see the first mate do anything for Santiago?
**A. No, sir, never do nothing.
**Q. Tell us what happened at that time?
‘*A. I heard the first mate come in the room, he say, ‘Who
that man sick, who the sailor sick?’ I heard what he talk-
ing, I come up in the sailors’ forecastle and another sailor is
[fol. 109] stay in the room. He said, ‘That man there in the
bunk.’ And the first mate said—I won’t talk what I heard
the mate talking, see—he say ‘You God damn lazy, get up,
you no sick, you seasick, that’s what you have.’
**Q. You didn’t see the first mate in Santiago’s room any
more on that trip?
‘*A. No, sir.
**Q. He never got up out of his bunk after that morning,
after Wednesday morning, is that right?
‘A. That’s right.
**Q. I ask you this: did you see him outside on the deck
at any time after Wednesday morning?
‘*A. No, sir.
‘*Q. Did you ever see him in the messroom after Wednes-
day morning?
‘*A. No, sir.
‘*Q. Did you see him smoke any cigarettes after he took
sick?
‘A. No, sir, he no smoke, no.
‘*Q. What was the condition of the forecastle room in
which Santiago slept? ,
‘*A. It is all wet.
‘*Q. Were any of the officers, as far as you know, taking
care of Santiago while he was sick on ras trip?
**A. No, sir.
‘*Q. That was the first cool wautiine you had had on this
voyage, wasn’t it—when you were 22 hours from New York?
‘*A. Yes, coming over from Boca Grande.
“A. No, sir, sometimes rainy and wet and cold too.
“‘Q. What days did it rain?
“A. I can’t tell you that.
“*A. Yes, sir.
““Q. What do you mean by that?
[fol.110] «A, See, the man—he can t get up, nobody can
help, like if he be in hospital ; anybody can help in the hos-
pital, nobody can help.
“Q. You mean instead of going to the toilet, he did every-
thing right in his own bunk—is that what you mean?
““A. Yes.’?
Mr. Rosenberg: That is all.
Mr. Crawford: Direct examination by Mr. Rosenberg,
continuing where he left off (reading) :
“*Q. Did you see where the water came from that made
it wet?
“‘A. The water come out from the top, all the leak come
up right in forecastle.
““Q. Do you mean the water came up from on top of the
forecastle?
“A. Yes, it leak, you see, that’s the forecastle, it up here
on the bottom where the sailors sleep—and the firemen,
everybody sleep here in the bottom.
“*Q. You mean that water leaked down from over the
forecastle—from the top of the forecastle down through
Mr. Crawford: Page 14, cross-examination (continuing
reading) :
“*Q. Where you were—did you strike any storm on this
voyage, didn’t you take water over the bow?
“fA. No, sir.
“Q. You didn’t strike any storm?
“fA. No, sir.
““Q. Did you take any seas over your bow during that
voyage?
**A. When we go out from port.
“Q. Did you strike such stormy weather that the water
came over the bows of the ship?
90
‘*A. Yes, sir.
[fol.111] ‘‘Q. What day?
‘*A. I can’t tell you.
‘‘Q. How many days did you have this stormy weather?
“A. I don’t remember.
‘*Q. Did you have stormy weather on Monday when you
lay at Boca Grande?
‘A. No, sir.
‘‘Q. The seas didn’t come over the top of the ship that
day, did they?
‘*A. No, sir.
‘‘Q. Where did this water come that you say leaked in
from the top of the forecastle?
‘A. Big weather.
“‘Q. When did you get this big weather?
‘‘A. That’s what I tell you, I can’t remember.
‘‘Q. You don’t remember when you got it?
‘A. No, sir.
‘‘Q. And you want to tell me that it leaked right down
so that it wet the beds, is that right?
‘*A, Yes, sir.
“‘Q. Wet every bed in the forecastle?
‘©A. In the forecastle be all full of water when it rained,
it leaked all over.
“*Q. All over the floor?
‘A. Was leaking all over.
‘‘Q. Every bed was wet?
‘‘A. Couple of bunks.
‘‘Q. But the one Santiago was in you saw was wet?
‘*A. Yes, sir.
“‘Q. Did you feel it with your hand?
‘‘A. They had to change him from this bunk te another
one so no be wet’’-——
‘‘Q. Did you ever see anybody come in and feed Santiago
—give him food—give him soup?
‘*A. Nobody there.
‘Q. Nobody ever gave him any food?
“*A. No.
‘“‘Q, That’s your story—they let Santiago starve there in
the forecastle, you say—is that right?
‘*A. You ask to me if anybody give some food—all right—
I say no sir.
a 91
[fol.112] ‘‘Q. That’s the only time the water came in the
forecastle was, when it rained, wasn’t it?
‘A. When the ship have bad weather.
**Q. And that’s the only time there was any water in the
forecastle was when you were having heavy, bad weather
and when it rained, is that right?
**A. I guess so.
**Q. Where did you find these seven packages of cigar-
ettes—in Santiago’s bunk?
“fA. No, sir.
“*Q. Where did you find them?
‘*A. I find them in the suitease.
“*Q. You took them away, didn’t you, because you were
afraid he would smoke them, so he would not smoke them?
‘*A. No, sir.
‘Q. Did he give them to you?
‘*A. I steal it.
**Q. You stole it?
‘“‘A. I don’t have a cigarette—I look in the bunk.’’
Mr. Rosenberg (reading) :
“‘Q. Do seamen—is it a practice of seaman to steal cigar-
ettes on board ship?’’
Mr. Crawford: I object. What difference does it make
whether it is the practice? The question is whether he did
in this case, and goes to the credibility.
The Court: I will allow it.
**A. Yes, from one to another.’’
Mr. Rosenberg: That is all. That is plaintiff’s case.
Motion to Dismiss
Mr. Crawford: I move to dismiss the complaint on the
ground the plaintiff has failed to make out any cause of ac-
tion under the law.
[fol.113] Plaintiff’s duty here is to go a great deal further
than merely showing that there were some acts on board
_this ship which we might describe as negligent acts, for
the purpose of argument. He must show that as the result
of any of these acts, this failure to treat in one way or an-
other, this plaintiff’s intestate’s condition became worse
and that, as a matter of fact, his condition was aggravated
92
by one or more of these acts complained of, and that as the
result thereof he died. The plaintiff has called a medical
witness, and there is not one word in his testimony to con-
nect up any one of these various acts complained of with
the aggravation of the man’s illness or with his death.
I say, even on the plaintiff’s own testimony—only the last
witness whose deposition he read, Rosado, testified that for
two or three days he was not so sick.
The Court: I suppose the theory of the plaintiff is that
there was negligence and that proper treatment was not
given, under the circumstances, on board the boat, and in
the alternative that there was negligence in not putting him
ashore, under the conditions, and that that is the negligence
of which they argue existed and caused the man’s death.
Mr. Crawford: Might have caused his death.
The Court: Dr. Kienzle’s testimony shows, and in answer
to the hypothetical question he says that ‘‘if the man
had been given treatment or if he had been put in a
[fol.114] hospital there would be a good chance of re-
covery, but I think his chances were greatly diminished”’.
That is sufficient causation, and I think I will have to let
the case go to the jury.
Mr. Crawford: No case has been established under the
maritime law or under the common law.
The Court: This is brought, I suppose, under——
Mr. Rosenberg (interposing): Jones Act. That covers
death as the result of negligence; the Jones Act covers it.
Mr. Crawford: There is no recovery under the Jones Act
for death by illness.
The Court: How about the common law?
Mr. Crawford: No ground of recovery under the common
law.
The Court: Have you any authorities?
Mr. Crawford: Yes. (Reads authorities to Court.)
The Court: I will deny the motion, so far as it is based
upon the fact that no negligence and no causation has been
shown, it being my view that upon the evidence offered in
behalf of the plaintiff the jury might find for the plaintiff
upon each of those issues.
So far as the motion is based upon the ground that no
maritime law nor common law gives the plaintiff the right
to maintain such cause of action, I will reserve decision.
Mr. Crawford: Exception.
wma
93
[foi.i15] Miron WiiuiaMs, called as a witness on behalf
of the defendant, being duly sworn, testified as follows:
Direct examination.
By Mr. Crawford:
Q. Captain Williams, are you a licensed captain?
A. Yes. :
Q. When did you get your license?
A. I got my first master’s license in 1924,
Q. Do you know what the rul+ in this country was prior
to the year 1922 in respect to the necessity for a course in
first aid by officers who got shipping licenses?
A. If the original license or any certificate shows that he
had passed his first aid, there is no requirement for a
licensed officer renewing his license to show his first aid
certificate. I know this to be a fact, because my license
expired last year and I had it renewed at the Custom House.
©. Are you associated with A. H. Bull & Company, this
year?
A. Yes.
Q. Are they connected with the defendant in this case?
A. Yes.
Q. What are your duties?
A. Port captain for A. H. Bull.
Q. Did you have occasion to go aboard the vessels of the
Baltimore Insular Line and this ‘*Delisle’’
A. It is my duty to go on board all of the steamers, not
only in this port but any other port where I can travel to
and go aboard them. .
Q. Now, did you go aboard the steamer ‘Delisle’? early
in October, in 19289
A. I went aboard the steamer ‘*Delisle’’ in October, 1928,
in the early part.
Q. What did you do at the time on the steamer?
A. Made the usual inspection which it is customary to
make when a vessel arrives in port.
(fol. 116] Q. Did you go up in the forecastle?
A. I went all over the vessel.
Q. Is the sailors’ toilet forward of the forecastle?
A. It is.
Q. What did you observe if anything in respect to the
portholes in the sailors’ forecastle, the doors and the
machinery composing the ports?
94 7
A. I did not observe anything in particular, except that
they were there and that the glass was not broken.
Q. Did you observe those ports for any defects?
A. I did not make a close inspection of them. If there
had been a defect it would be in the report, the list which is
turned over to me.
Q. Will you tell us what is the necessity of having these
ports in good condition and being able to close them at all
times?
A. The ports in the forecastle and in the wash room and
all quarters of the forward end of a cargo boat have to be in
good order, because when the vessel is deeply laden the
seas wash over the top of the forecastle and if the ports
were not proverly closed and were not good and solid, the
seas would wash into the forecastle in a full stream about
eight or ten inches in size, or whatever the size of the port-
holes are.
Q. Will you describe the construction of these sailors’
toilets and state the various things that are found there in
the way of shower baths, drains, and so forth?
A. The sailors’ wash room is immediately forward of the
sailors’ forecastie and is entered from the alleyway. When
you step inside the door, the door being on the after end,
there is a shower bath in the forward end and two water
closets or out ports on the side of the ship on a raised plat-
form.
{fol.117] Q. Is the floor of the toilet sloped so that any
water accumulating will run ont of the drain?
A. The cement floor in the toilet is graded to allow the
water to run into the drain and overboard.
Q. Was that drain in good operating condition when you
examined it on the ship?
A. It is not customary to examine every one individually.
If there is any water in the toilet I would not be able to see
the condition there. Apparently it was O. K., because
there was no water in the toilet.
Q. Is that drain of sufficient size to carry off all water
that accumulates in the toilets?
A. It is.
Q. Captain, from your position as port captain of the
operating company, A. H. Bull & Company, do you know
what has happened to the master of this ship, Captain Culli-
son?
— 95
A. Captain Cullison died of cancer about two and one-
half months ago at Baltimore.
_Q. Is the third officer of the ship, Kounse, still with the
company?
A. He is not.
Q. Is the first mate, John W. Callis, still with the com-
pany?
A. Yes,
Q. Where is he at the present time?
A. In Porto Rico.
Q. Do you know whether the messboy on this ship, Rafael
Robles is still with the company?
A. He is not.
Q. Did you see any leaky pipes in the sailors’ toilet when
you were there?
A. I did not see any leaking pipes. If I had I would have
called it to the chief officer’s attention.
Q. How high is the concrete partition carried up?
A. That question is rather hard to answer, because I do
not know how thick the cement is all over, but from a quick
[fol. 118] guess, and looking at the thing I would imagine it
is about three to three and one-half inches high, the cement
at the lowest part of the toilet.
Q. Did you inspect the toilet waste lines?
A. I did not make a thorough examination of them. I
inspected them the same as every other part of the vessel,
gave them a look, and they appeared to be O. K.
Q. Was it your duty to report anything on this ship you
saw out of order?
A. It was my duty and it was customary for me to report
different things to the chief officer. Besides that, when re-
turning to the office, I made a report of the defects found,
and followed it with a letter.
Q. Do you recall whether you reported any defects in
connection with the portholes, about waste water lines, and
the toilets, or with the drains in the toilet?
A. I know that I did not.
Mr. Crawford: That is all.
Cross-examination.
By Mr. Rosenberg:
Q. How old is the steamship ‘‘Delisle’’
A. It was built in 1918 for the Shipping Board.
96
Mr. Rosenberg: That is all.
(Witness excused.)
Mr. Crawford: Reading from the deposition of the ship
officers and seamen taken at Baltimore, in 1929:
“‘Captain Zack W. Cuuison, a witness of lawful age,
called on behalf of the defendant, after being first duly
sworn, testified as follows:
‘*Direct examinati
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