Transcript of Record — Pope & Talbot, Inc. v. Hawn

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Tl LIBRARY _

_ SUPREME COURT. wu. .

a, „

1 err, OF .

‘Supreme C Court of the United States

‘OCTOBER TERM, 1953

: No. 13

OH & TALBOT, BS, PETITIONER, | |

—

CHARLES HAWN AN Lb HAENN SHIP CEILING AND

BEYITTING CORPORATION

a’

° ON WHIT OF CERTIORARI TO THE-UNITED STATES COURT OF APPEALS

8 a FOR THE THIED CIRCUIT - ;

5 _ PETITION FOR CERTIORARI FILED JANUARY 6, 1953

_ CERTIORARI GRANTED JUNE 18, 1953

- United States “Court of Appeals

5 N NN is ja

Neo. 10,630.

A cChARLES HAWN i

POPE & TALBOT, INC, = *

5 5 Appalont,

HAENN SHIP CEILING AND REFITTING

CORPORATION.

po from the Judgment of the United States „ Des

. Court: for. the Eastern District of a |

| ‘leo foe pa a ee

| ä Tuomas E. Bynxx, In.,

— Mu D. Alsracn,

Krusen, Evans Axp Suaw,

225 S. 15th Street.

| ‘Philadelphia, Penna.,

_ Attorneys for Appellant.

. 5 Deas . 1 N — ee RTT * 4 ate ape a Sao. siti eee | ae 4 ies i nei b 9

CAP eat ae, RMN ARM ei RSA Mae SS RIE Us OLESEN BSED GREY OECD FBG ISIS OEE ERAS MR RE eee * e

—

International, 236, Chestnut St., Phila. 6, Pa

— —

Pics Page

n ie hice irs alg ⅛ n la

%%%/f mꝛmddm mw. ĩð·²² ꝛR 7a

Order for ‘Transfer to Another District ........... 6. ee seeds eee e eee: lla

PIE sas 6645 6 wo kA mqmꝗðꝗxpxp/xxx/xꝰꝰ Chic debe cab bhndaevenveccs 12a

Third Party Compiaint Against Haenn Ship 9 and Refitting Cor-

17h ðß́⸗. .. ̃ↄ „!...... 13

Amended Complaint “he pooper ey ree :.! 15a

Amended Answer of Haenn Ship Ceiling and Refitting Corporation to :

Third Party Complaint JJC ᷣͤͤ cout ivadekebes's 18a

Answer of Defendant, Po & Talbot, Inc, to Plaintiff's Amended Com-

Co- I 34ͤͤͤꝛ— e 77a

Re-Direct Examination eres § 83a

5 55

TABLE OF CONTENTS OF APPENDIX (Continued).

Raymond Horchuck—- | 7

Direct Examination ........ E!! des eebssanbedapest’ 86a

Cross- Examination JJ cadke ens densy eae evens 88a

Direct: Examination ee Det SRN ONCE Poe a 89a

4 Cross-Examination | eee „

George E. Toner 505 i

Direct Examinatioocrt n. „ 93a

Theodore Knopi

TT.. ⁰ ˙—? TT ewan st 952

—. . A ꝗ u 96a

Charles Hawn— i 3

Direct Examination C 7627. Wa

o/ ĩ coed dansecnseac’ „ 104

Re- Direct Examination 5 . „ 1122

a ‘Defendant's Evidence. ie

Rider L. Thorn (Recalled) - 8

Direct Examination eres es Goes ees Meade el ep ulcaen oceans 123a

William A. Toner— 3 . oes mene

Direct Examination. „FFF 133.

Theodore Knopf— :

Direct E-xaminition „ eee Ghia sequences N. 34a

3 on Behalf of Third- Party Deteodant 8

Frederick Albert Knopi—- 8

Direct Examination —ͤ —(t᷑̊tl 4 1372

Cross- Examination e 3 3 142a

Theodore Knopf 7 me

Direct Examinatiofi ............. . Ne waves U4Q0

Cross -Exaininatiauau ee

Charge of the Corn % 150

ie deine der i e ee e MM

Defendant's Points for “Charge VT r 176

Third-Party Deiendant's Points for Charge ee

Or ry JJ USER Es Raa C Nydas) RON OOK bonded 180a

. — aa

—

Be Ragas WNP Te NR BORD Ci SE EE AONE AMER TEES ERTL STOEL Ooo, BLIND DN RE TS Ss By

;

ot Te

Be ee

TABLE OF n OF APPENDIX (Continued).

_ Defendant, for Judgment Notwithstanding the Verdict, for a New

Trial or for Entering Judgment in Accordance With Special Verdict 183

Motion of Pope and Talbot, Inc., Defendant and Third-Party Plaintiff, -

7 for Judgment Notwithstanding the Verdict, for a New Trial, and for

Molding 0 ˙ cences S9ꝙꝶ924999A 4 )Ü n 185a

Motion for Direction to Enter Judguacnt in Favor of Plainti and Against

OD: TI aii cada ce caine C... ?Ä?U8 1882

‘Defendant and Third-Party Plainti iff’s Additional “Assignments of Error

and Reasons in Support of Its Motion for a New Trial 3 1892

POI sone ndnd 1922

Memorandum re Final n 0 e . .

Examination of Jury Panel Drawn for . 8 February 13, :

1950 ——j—̃ — “ ꝛ 459 9 q ꝶ 4 2040

Proceedings in U. S. C. A. for the Third cet 5 „ ge 5

Stipulations and orders extending time within which to file brief

and appendix in Case No. 10,630 and Case No. 10,613 219

Stipulation and order extending time within which to file brief ane

7 appendix in Case Wh TN es a as 224

Motions for leave to file brief on behalf of ‘appellee i in excess of fifty Sats,

pages in Case No. J!. Ra HON Re En 8 225

Petition for leave to file brief out of time in Case No. 10, 613 ee

Motion for leave to fite wir brief on behalf of appellee in Case |

BO RE ae tak Ooo oe ee 230

Opinion, MeLanghlin, J „in Case No. 10, 613 and Case No, 10, 630 5

Judgment in Case No. 10,613 eye oi ; — 244

Judgment in Case No. 10,60 : 245

Order amending opinion in Case No. 10,613 and Case No. 10, 650 246

Petitions and orders extending time fer filing petition for rehearing ;

— — — wae — — a

in Case No. 10,613 and Case No. 10.630 a 247

Petition Lor rehearing ix Case Ac. 20,630 5 ee as ——— —

Order denyjng petition in Case No. 10,630 N 269

Motion to stay mandates in Case No. 10,613 and Case No. 10, 630 | 270

Order amending petition in Case No. 10,613 and Case No. 10,630 272

~ Amended judgments i in Case No. 10,613 and Case No, 10, 273

Mandates in Case No. 10,613 and Case & ; 275

Clerk's certifieate : in cr SS

Grider extending time te file petition for writ of certiorari

Order gronting certioran 1 283

RELEVANT DOCKET ENTRIES.

Dee. 3, 1948. Record en from E. D. of N. 5 and

oe Complaiat with demand for: jury trial.

3 Summons with Marshel’s return.

‘Affidavit of Frederick Travers. 7

_ Certified copy of Order for transfer.

Dec. 14 1948. Appearance of Krusen, Evans & Shaw,

E sqs, for defendant, filed.

Dee. 14, 1948. Answer filed.

Dec. 44½ 1948. Defendant’s interrogatory to plaintif,

ee Med. |

Dec. 15, 1948. Plaintiff 8 interrogatories to defendant,

: es eae filed.

Dec. 17, 1948. Order to piace e e trial Tat fled

Dee. 20, 1948. Motion by plaintiff to inspect, photograph,

ete. and Order of Court granting same,

filed. 12-21-48 Noted & Notice mailed. cs

Jan. 27, 1949. Plaintiff’s answers to interrogatories filed. -

Feb. 21, 1949. - Defendant’s answers e interrogatories,

a MM

Oct. 7, 1949. Notice of motion for leave to Lein Third

; „e party defendants ony 5 af

Ocei. i, 1849. Motion by defendant to = in Third.

party defendants and Order of Court

8 granting motion filed. 10/12/49 9 Noted.

Oet. 11, 1949) Third- party Complaint against Haenn

ns pas Szhip Ceiling & Refitting Corp. filed.

Oct. 11, 1949. Third-party Summons “exit. |

(18) i ee

— 2a

Oct.

Nov.

11, 1949.

27, 1949.

31, 1949.

1, 1949.

1. 1949.

2, 1949.

ov. 2, 1949.

Nov.

. 12, 1949.

1, 1549

23. 1949.

1 Docket Entries

“Third-party. Ccunplaini against Atlantic&®

: Gulf Stevedores-Ine. filed.

Third-party Summons exit.

Appearance of Rawle & Henderson Esqs.

for Haenn Ship Ceiling & waitin 8

Corp. filed. rm

Appearance of Howard R. Detweiler, Esq. :

for Atlantic & Gulf Stevedores Inc.,

filed.

Answer of Atlantic & a Gulf Btevedores Ino.

filed. ve

Motion for leave to amend eint and

Order of Court granting leave filed. ests

11/2/49 Noted & Notice mailed.

Amended Complaint iby plainti ‘against

Atlantic. & Gulf Stevedores Inc. filled.

Third party summons. as to Haenn Ship

Ceiling & Refitting Corp. returned on

Oot. 17, 1949 served” and filed. ae a

& \ /

Third party summons as to Atlantic 2

Gulf Stevedores, Inc. returned ‘‘cn Oct.

12, 1949 served and filed.

Answer of Haenn Ship Osiling, & Refit.

14. 1949. Amen

Ae Aükatie & Gulf Stevedores to

Amended Complaint filed. nein

Plaintiff ’s Interrogatories to Atlantie &

Gulf Stevedores Inc. filed.

— me Tr... —

4 „ 22 Docket Batu, . a

4 : * /

5 Nov. 28, 1949; Sammons on amended Complaint returned

4 \ Mon November 3, 104 4 . and 4

4 Dec. 2, 1949. A of Pope & Talbot, 155 to ede

a We complaint, filed. Ny

4 Jan. 6, 1950. py of Third-party defendant Atlantic.

; / & Gulf Stevedores Inc. to e 's in-

a terrogatories filed. :

a Jan. 9, 1950. Mction to compel further answers by At-

4 . lantic & Gulf Stevedores Inc. to plain-

a. tiffs interrogatories, filed.

v Jan. g, 1950. Order to place ease on argument list filed.

7 Jan. 31, 1950. Defendant’s interrogatories, to chore 5

A Feb. 1, 1950. Transeript of ‘pie thal conferences on

7 - 4/96/80 and ‘1/81/00 fied,

a Feb. 2, 1950. Defendant’s notice of taking dspositions

4 „ of R. Horchuck ét al filed.

if Feb. 3, 1950. unn x interrogatories to defendant

3 Feb. 3, 1950. > Pltintiftye answers to defendants inter-

C | rogatories filed.

a: Keb. 3, 1950. Plaintiff’s interrogatories to Haenn Ship

4 8 | Ceiling & Refitting Corp., 3rd party de-

. \ ‘ eee kĩndant, flled. Boe

| Feb. 7, 1950. Defendant’s notice of . depositions. 2

Sats Sat filed. —

Feb. 8, 1950.

— a

cts

8, 1950.

laintiff 's notice of taking deposition of

r. A. Myers, filed.

nswers of Haenn Ship Ceiling & Refit-

filed.

ting Corp. to plaintiff’ 8 interrogatories

Mar.

7, 1950.

reer of Pope & Talbot Tne. to plain

tiff’s interrogatories filed.

.. Amended Answer of Haenn Ship Ceiling

& Refitting Corp. filed.

. In open Court: Counsel stipulate that ac-

tion be dismissed as to Atlantic & Gulf

Stevedores Ine.

| Jury called and sworn.

Judgment dismissing action as to Atlantic

& Gulf Stevedores Inc., filed. 2/16/50

‘Noted. & Notice mailed.

5 Trial resumed.

. Trial resumed.

Trial resumed. —

Trial resumed,

. Trial resumed, :

. Verdict: The jury returns 1 a e ver-

diet.

The jury answers . interrogatories

(see minutes)..

Motion of Haenn Ship Ceiling & Refitting

Corp., 3rd party defendant for judg-

ment: notwithstanding the verdict for a

new trial or for entering judgment in

accordance with special verdict filed.

Motion by-defendant and third party-plain-

tiff for judgment N. O. V., for a new

trial, and for molding verdict filed.

Motion. by plaintiff for entry of judgment :

in his favor filed, 9 5

+ List

Order to Place case on the Argume

filed.

‘

1 0

‘ae * 11

* —

— —

x 7 oe

“Relevant Docket Entries 80

Mar. 13, 1950. Motion by Aetna Casualty & Surety Co.

Mar. 22, 1950.

Mar. 22; 1950.

Mar. a 1950.

Mar. 22, 7950.

Mar. 22, 1950.

Apr. 12, 1950.

May 25, 1950.

May 29, 1960

July 17, 1951

y \

Sept. 28, 1951.

for leave to intervene as a party plain-

tiff filed. ;

Plaintiff’s Requests for Charge, filed.

Defendant’s Requests for charge, filed.

Third Party Defendant’ 8 Nee *

charge, filed. at

Deposition of Dr. Abraham Myers, filed.

Testimony of Feb. 15, 16 & 17, 1980, Ned.

(I vol.)

Testimony of Feb. 20 21 & 23, 1950, filed.

(1 vol.)

Additional reasons of Pope & Talbot 1 5

in support of motion for new trial, filed.

Order of Court directing U. S. Marshal

to furräsh dinner for jurors and Deputy

Marshals, filed. 5

Hearing sur motions filed Mar. 2, . 13

1950 submitted on briefs.

Opinion, McGranery, J. denying defend-

ant? s and Third-Party Defendant’s Mo-

tions for New Trial and for Judgment

N. O. V. ete. filed. ,

Memorandum Opinion McGranery, J. re -

entry of Judgment, filed.

Judgment in favor. of Plaintiff and against

defendant in the sum of $29,700, with

interest and costs; and in favor of

Third-Party Plaintiff and against

_ Third-Party Defendant in the sum of

$8,331.35 with interest and costs, with

leave to Third-Party Deft. to move for

modification of the judgment, ete. filed.

W Noted & Notice Mailed.

—

3 Relevant Docket Entries |

Oct. 25, 1951. Notice of Appeal by Defendant and Third”

party plaintiff, Pope & Talbot, Ine,

filed. 10/26/51 Copy to Freedman and

Rawle & Henderson .

ö |

\ FFG .

Oiet. 25, 1951. Notice of Appeal by Third party defend.

ant, Haenn n Ship Ceiling & Refitting

Corp. filed. 10/26/51 Copy to Freed-

8 re ee

Shaw.

hee. filed.

—

85 i Oet. 25, 1951. : Copies of Clerk’ 8 notios to U. 8. Court of ue

— — - — 3 N

i x tas Unrrep cares District Court «

1 Fon toe Easterns Disraict or New\York

. C-9365

i CHARLES HAWN, |

: eee . against 15 eee

‘ ro & TALBOT, N., peek:

} | . | .. « Defendant. —

. x Filed Dec. 3, 1948.

Bose (Nog @zoraz Bropsecx, Clerk

‘ : By Deputy Clerk

: 7 Plainrirr Demayps a TRIAL vr JURY

5 i COMPLAINT. Ns ;

Plaintiff, complaining of the defendant by his attor-

3 - ney, Faevenick TRAvERs, alleges upon information and be-

4 lief the following ae :

f I. Plaintiff is a citizen of the United States and a rei-

ot dent of 824 East Brown Street, in the City of Gloucester,

Bee State of New Jersey, and within the jurisdiction of this

: Court. ) a ek e 1

ö es 2. Upon information and belief that at all the times

4 hereinafter mentioned, defendant was and still is a foreign

3 corperation, e ‘ieensed to da hnainaaa in tha State of

ö 2 New York, having an office and principal place of business

a in the Borough of Manhattan, City and State of New York,

and as such, is now or about to come within the-jurisdic-

Aion of the United States of America and this Honorable

Court. : | |

: /

;

. Complaint

3. J urisdiction i is 1 on diversity of citiéenship. a

the amount in controv rsy exceeds, exclusive of interest

and costs, the sum of Tune Thousand ($3,000. 00) Dor Ans.

4. That at all the times hereinafter mentioned, the

defendark owned, managed, operated and controlled a cer-

tain steamship or vessel known. as the S. ve Joun Dickix-

5 ‘BON. 5 2 .

5. That in 3 with the bishions of the said de oY

fendant, at all the times hereinafter mentioned, the defend-

ant moored, or decked the aforesaid vessel at Pier #3,

Girard Poi he. City, of coca, State. of Penn-

ben

— —6. That at all es: e hereinafter 8 the

; plaintiff was employed by Haenn Ship Ceiling and Refit- — —

ting Corporation, as a marine carpenter, pursuant to an

agreement between plaintiff’s employer and the said de-

a fendant whereby the plaintiff and pthers were to make re-

cee pairs to, the said veseel =. was beeches at. the said pier

25 aforementioned. 5 „ ote

7. That at all he tes . mentioned, the de:

; 603 had an agreement with plaintiff’s employer ds a

result of which agreement the plaintiff was employed as a

marine carpenter on the said easel known as the S. 8.

Jun. Dyourrsoy... N oa 2

28. That it was the duty $ f the defendant to furnish

‘the plaintiff with a safe place to worxk..

9. That it was the duty of the defendant as the opera:

tor of the aforesaid vessei to keep and maintain the afore-

said vessel and its appurtenances in a safe condition se

that plaintiff oould safely and properly perform his duties.

40. That at all the times hereinafter mentioned, tha

plaintiff Was properly and lawfully upon said yee in the. 1

N pursuit of. bis . ee fog te

\ ;

‘ ‘ ede : IR

8 Ne WER a

8 S VN P 0 4 5

0 > 2

: 2 0 1

Com : 2 Wig oh, PE? Pet 9a 833533

§ 8 3 z ae 5 Pak te

34 2

III. That heretofore and on or ‘about the 16th day of **

November, 1947, while the plaintiff, in the pursuit of Wa 03%. -.::

employment, was upon said vessel, without any fault or on fs

carelessness or negligence on his part, and solely through

the fault, carelessness and negligence of the defendant, its

o agents, servants and/or employees, he was caused to fall

into the hold of the, #4 hatch aboard said vessel, causing

said plaintiff to suffer severe and serious injuries to his

Person N i

12. That the aforesaid occurrence was due solely to

the carelessness, recklessness and negligence of the de-

kfendant, its agents, servants and/or employees; the fault,

mission and neglect of officers and seamen aboard the ves-

sel; the failure; neglect and omission of the defendant to

keep and maintain tue aforesaid vessel and its appurte-

—nances ina seaworthy condition; in the defendant's failure

to take any means or precautions for the proper safety of

the plaintiff; in the failure to provide the plaintiff win

a safe place to work and/or to perform his duties; in fail-

ing to maintain the aforesaid vessel and all of its appurte-

nances in a reasonably safe condition and repair; in causing,

suffering and perinittinig the hatch covers of #4 hatch of

Said vessel to, be recoved from said hatch without knowl-

edge or notice to said plaintiff; in removing the hatch

_ govers of #4 Hatch without properly notifying the plain-

‘tiff; in failing to place proper and suitable safeguards in-

dicating to plaintiff and others upon said vessel. that the

said hatch coyers of #4 hatch had. been removed; in the

_ ‘improper supervision of the aforesaid vessel; in failing to

— guard and protect plaintiff against the dangerous

By and unsafe conditions prevailing on said vessel; in the in-

proper supervision of the removal of the aforesaid hatch

2 covers and itz appurtenances; in suffering, causing and per-

b mitting the aforesaid hold upon the said vessel to remain

open without proper safeguards; insufficient illumination ;

in failing to cover and protect the aforesaid hold on said

iy 5

. 4,

; ris ‘

1a Complaint

vessel as a . of which the same hee dangerous to

persone lawfully employed abo aboard said vessel and about

the said hold; in failing to give give any signal or warning of

the existence of an open or unprotected hold; in employing

incompetent officers, agents, servants and/or employees;

in failing to properly supervise its officers, crew, agents,

servants and/or employees; in permitting, suffering and

causing the decks of said vessel to be, become and remain

slippery; in permitting, suffering and causing the said

decks to contain oil, grease and other foreign matter; in

fuiling to exercise such care and caution in the premis

as would have avoided the said occurrence, and the defend x

ant was otherwise careless, reckless and Legligent in the

premises.

| Ee That by reason of the 3 plaintiff was

caused to sustain severe, painful and permanent injuries

to his person and became and has remained sick, disabled

and incapacitated from attending to his usual duties and

vocation, resulting in his suffering a loss of earnings

thereby, compelling him to be confined to a hospital, bed

and home, and incurring obligations for medical and surgi-

cal aid and attendance, and permanently injuring this

’ plaintiff, all to his damage in the sum of Two Howpaap

Frrrr Tnousaxp (250,000.00) Dolx ans.

Waxnrhr, plaintiff demands judgment against the de-

fendant in the sum of Two HUN D RED Firry TxHovsanp

($250,000.00) DolLARS, gate with the costs and 2

_bursements of this action. aer

/s/ Far, Tsavens,

Frederick Travers,

Attorney for Plaintiff,

Office & P. O. Address:

305 Broadway,

New York City, 7.

„de tee: ende We Another District ia

ORDER FOR TRANSFER TO ANOTHER DISTRICT.

(U.8. b. o. E P. u. r. 0. No, 9965.)

Defendant, appearing specially for the purpose of %

motion, having moved for an order vacating the service

of process herein and dismissing the action on the ground

that the venue is improper, or. in the alternative trans-

ferring the cause pursuant to Title 28, United States Code,

—— Seetions- eee e eee

for the re istrict of Pennsylvania, and after hear-

ing counsel for the respective parties, it is

Onpered that said motion is granted 50 far as it re-

quests a transfer of this action, and it is further :

Onpzrep that the above entitled action be transferred ;

from this Court to the United, States District Court for te

Eastern District of Pennsylvania and that all papers here-

~ tofore filed herein together with a certified copy of this

order be forwarded to the Clerk of the said United States

District Court for the Eastern District of Premera, :

a and it is further

_ Orperep that the defendant may move or answer with

— respect to the complaint within twenty days after the filing

: of the said papers in the United States ae Conrt for

the Vander District of Pennsylvania.

/s/ Rosr. A Tce

* a 8 2 ; U. 8. D. J.

Dated, Brooklyn, N. V.

November 19th, 1948.

eo ee

(o. s. b. o. B.D. Pa. C. A. No. 60)

— —-—

The Anewer of Pope & Talbot, Inc., r al-

lleges, upon information and belief, as follows:

The Defendant admits the averments of Paragraphs 3

and 5 of the Complaint. It denies the averments of Para- 25

graphs 11, 12 and 13. It denies that it has knowledge or

information sufficient to form a belief as to the averments

of Paragraphs 1, 7 and 10, and demands strict proof there-

of, if material. It denies the averments of Paragraph 6

as stated. It denies the averments of Paragraph 2 as

stated; and it further alleges that the same are immaterial

in view of the transfer of this case from the U. S. District

Court, for the Eastern District of New York, by Order

dated November 19, 1948. Defendant denies the averments

of. Paragraph 4as stated; on the contrary it avers that the

S. S. John Dickinson“ was operated by the Defendant

under bareboat charter from the United States Maritime

Commission. * Defendant avers that Paragraphs 8 and 9

of the Complaint are statements of legal conclusions and

as . suche require no answer.

„ S xcoxůb Drrxsn.

Any injury which the Plaintiff may have quathined, ey

and any disability which may Wave resulted therefrom were

e — by the laintiff 8 0 own negligence.

Turmp Derense.

Plaintiff assumed the risks of his employment.’

Wuenerong;, the Defendant prays that the Complanit

herein be dismissed, and that it may recover its costs in

this proceeding and have such other and further relief as

may seem just to this Honorable Court in the premises.

Kevusen, Evans anp SH,

By Marx D. Auspacn,

Attorneys for Defendant.

ER SE SDE RR OR tere

EE as ERR sh

/ r d dd . . te BSE MENS a

. N nt 4 4 7

Third-Party Complaint : 13a

THIRD-PARTY COMPLAINT AGAINST HAENN SHIP

CEILING AND REFITTING CORPORATION.

1. The Plaintiff, Charles Hawn, has filed a complaint

against the Defendant, Pope & Ta bot, Inc. A true and

correct copy of the said complaint has been marked Ex-

hibit ‘‘A’’ and is attached hereto and made a part hereof.

2. The Defendant, Pope & Talbot, Inc., has filed its

answer, in which it denies liability to the Plaintiff, but at

the trial of the cause it may be held liable to the Plaintiff.

3. The Third-Party Defendant, Haenn Ship Ceiling and

Refitting Corporation, is a corporation formed and existing

under the Jaws of the Commonwealth of Pennsylvania, and

has an office and place of business at Schuylkill Avenue and

Magazine Lane, Philadelphia, Pennsylvania.

4. If the Plaintiff suffered injury as a result of the

matters referred to in the complaint, which the Defendant

denies, and if, as will more fully appear at the trial of the

cause, the Defendant and Third-Party Plaintiff is liable to

"the Plaintiff, then the Third-Party Defendant, Haenn Ship

- Ceiling and Refitting Corporation, is liable over to the

Third-Party Plaintiff by way of contri’ ution and/or in-

demnity by reason of the following;

(a) The work in which Plaintiff was . at

the time of his accident, and the portion of the Steam-

ship John Dickinson’’ in which said work was being

performed, and in which said accident occurred, was

in the exclusive charge and complete control of the.

‘Third-Party Defendant, Haenn Ship Ceiling and Re-

: Sitting Corporation, its servants, agents, workmen, and

employees.

(b) If the Plaintiff suffered i injury as the 3 i

of the recklessness, carelessness and negligence, or the

act or omission of any person or persons in the par-

ticulars alleged in Paragraphs 11 and 12 of the com-

140 Third-Party Complain

plaint, said carelessness, recklesaness, bees sn.

or omission was, in whole or in part, that of the Third-

Party Defendant, Haenn Ship Ceiling and Refitting

Corporation, its servants, agents, e, and em-

ployees.

(e) If the Plaintiff suffered injury as ‘the result

of any unseaworthy condition of the vessel-or ite ap-

pliances, in any of the particulars alleged in Para-

graphs 11 and 12 of the complaint, said unseaworthy

condition was created or contributed to by the Third-

Party Defendant, Haenn Ship Ceiling and Refitting

Corporation, its servants, — workmen, and em-

ployees.

(d) The Third-Party Defendant, Haenn Ship Ceil-

ing and Refitting Corporation, its servants, agents,

workmen, and employees, were otherwise careless, neg-.

ligent, and reckless in the premises, as will more fully

appear at the trial of the cause. . :

Wuenerore, the Defendant, Po Talbot, Toa: prays

that it may have judgment over against the Third-Party

Defendant, Haenn Ship Ceiling and Refitting Corporation, :

by way of contribution and/or indemnity, in whole or in

part, for any sum which may be recovered oe it me the

ee in Ss aetion. 0 os 2

Knverx, Evans AND > Guaw, |

By Marx D. Alaraon, ;

= : Attorneys for Pope d Tal-

oe . Hot, Inc., Defendant-and

i 3 Third-Party Plaintiff’.

Mr Nn "

eee

Amended Complaint 153

AMENDED COMPLAINT.

Plaintiff, Charles Hawn, claims of Pope & Talbot,

Inc., defendant, and Atlantic and Gulf Stevedores, third-

party defendant, the sum of Two Hundred Fifty Thousand

($250,000.00) Dollars with lawful interest thereon, upoh

a cause of action whereof the following is a true state-

ment: aH

ay Plaintiff i is a citizen and resident of New Jersey.

2. Defendant, Pope & Talbot, Inc., is a corporation

‘duly organized and existing under and by virtue of the

laws of the State of Delaware.

* Tufed d party defendant, Atlantic and Gulf Steve-

. pao Tnc., is a corporation duly organized and existing

under and by virtue of the laws of the State of .

vania.

4. On or e November 16, 1947, oad at all times

| mentioned herein, plaintiff was engaged by the Haenn Ship

Ceiling and Refitting Corporation as a ship’s carpenter

—— 2 —

for the performance of certain work aboard the S. S. John

Dickinson“ while the said vessel was e at Pier 3,

Girard Point, Philadelphia.

5. Upon information and belief, plaintiff avers that at

all times hereinafter mentioned, defendant owned, man-

aged, operated and controlled the S. S. John Dickinson’’,.

engaged i in coastwise, intercoastal and foreign commerce

6. On or about November 16, 1947, and at all times

mentioned herein, Haenn Ship Ceiling:and Refitting Cor-

poration wes engeged in repairing the shifting boards and

feeders on the S. S. John Dickinson“, pursuant to an

understanding and agreement entered into between the

Haenn Ship Ceiling and Refitting Corporation, and the

authorized agents and cutis enmacuaines of the vessel, her

owners and operators. *

162 N Amended Complaint

7. On or about 8 16, 1947, 1 or about 3:30

P. M., plaintiff, while engaged in the performance of his

duties at the ‘tween deck level of the No. 4 hold, was sud-

denly caused to fall into the lower hold, as a result of which

he sustained the injuries v which arc more ety | here-

inafter set mains :

9. Dis their duties in the premises, defend-

‘as Pope & Talbot, Inc., and Atlantic and Gulf Steve-

dores, Inc., by their agents, servants and employees, were

careless and negligent and the vessel was unseaworthy in:

(a) failing to provide a reasonably safe goes for

plaintiff to perform his duties;

(b) causing and/or allowing ene at the

’tween deck level;

(e) removing and in failing to replace certain

hatch covers at the ‘tween deck level, thereby leaving

dangerous openings;

(d) failing to inspect and wern plaintiff of the

— unsafe and dangerous conditions existing at the No. 4

hatch ’tween deck; kiss

(e) failing to provide safety lines, warning light

or other warning and safeguard devices at and around

the aforesaid hatch opening;

It) failing to provide sufficient and adequate il-

lumination at the No. 4 hold ’tween deck;

(8) causing and allowing slippery, oily, greasy

and other foreign substances to accumulate on the

‘tween deck at No. 4 hold and f to remove the

aforesaid substances;

ay) failing to provide sufficient and ane u.

lamination u 0. 4 hold tween deck under the

circumstances ; .

„(ii) causing and d permitting plaintiff to o fall to the

hold below;

S ene N. eme .

a 7

aan

„

Amended Complaint 17a

)) failing to provide plaintiff with a safe and sea-

worthy vessel and safe and seaworthy appliances and

appurtenances and to keep same in a safe did sea-

worthy condition; | .

10. By reason of the negligence. of the defendant _

Jor third-party defendant, Atlantic and Gulf Steve-

dores, Inc., plaintiff fell as aforesaid and was then and |

there generally wounded; his head, shoulders, arms, back,

pelvis, legs and feet and the muscles, tendons, ligaments

and nerves attached thereto were severely wrenched,

- bruised, fractured and otherwise injured; he sustained

serious and permanent internal injuries the full extent of

which are yet known; he suffered a severe shock to his

nervous system; he has suffered excruciating and agoniz-

ing aches, pains, mental anguish, shock and disability; he

has been unable to assume his usual duties and occupation

for a long period of time in the past and upon information

and belief avers that his injuries have become aggravated

and permanent, and ‘hat he will be unable to perform his

usual duties and occupation in the future; he has in the

past and will in the future be compelled to expend large

sums of money for medical ‘care and treatment.

Wasderons, Charlee Hawn claims the sum of

_ $250,000.00 from Pope & Talbot, Inc., and Atlantic and

Gulf Stevedores, Inc., and brings this action: to recover

Fasrpmax, Lanpy xp Lonar,

By Wan M. Ala,

Attorneys for Plaintiff.

vessel, ‘including

4 AMENDED ANSWER or HAENN SHIP GEILING AND |

z REFITTING ee TO THIED-PARTY

8 COMPLAINT. 5

The amended answer of 8 Ship Ceiling 1 Re-

fitting Corporation, a corporation, by its attorneys, to the

third-party complaint of Pope & Talbot, Ine, respectfully —

. hows to this Honorable Coast upon information and belief

a8 follows: .

„

be answering third- -party defendant admits thie 1 5

tious contained in paragraphs 1, 2 and 3 of the third-party

complaint, and denies each and every ote contained

in paragraph 4, sub-paragraphs (b (e), and (d).

This third-party -defendant (ddnjits that—it had ex-

clusive charge and complete control pf the Vork in which

plaintiff was said to be engaged at the time of the accident

as alleged in paragraph 4 (a) of the third-party complaint,

but denies that it had exclusive charge and complete con-

trol of the portion of the vessel in which the said work was

being performed. On the contrary, it is averred that the

1 ;

under the general charge ar control of the vessel owners,

agents, master, officers and crew, subject only to the limited

degree of control which was necessary to the work being

performed by the shore workmen, and it is accordingly. .

averred that such portion of the vessel and-tts equipment

and appurtenances were under the joint control of the said

no parties at all material times. o

Seconp Dzrense.

eS a second and separate defense,’ this 1 de-

fendant denies that the alleged injuries set forth in the

original complaint were due in any respect to any fault

and negligence on the part of this third-party defendant,

but on the contrary avers upon information and belief that

n was and continued to be a

PEGI ALAR SS EMORY LOIN IR, RAPP E NNEC AL LE 4 HIN SR RT ee ‘i

„„ Amended Answer 5 5 N 19a

the same were. due solely or in major part to the negligence

own safety under the circun.stances, and in failing to per-

petent manner. igs

| mee & nee. 1 7

By Josxrn W. Huwpessow, |

~ Attorneys for Third-Party

me Defendant, Haenn Ship

| Ssciling and Reſitting

Corporation.

1910 Packard Building,

Philadelphia 2, Pennsylvania.

— 1 4 2 7 * 2 28 < * i. + 1 *

* .

and carelessness of plaintiff in failing to observe where ne

was walking, and in failing to exercise due care for his

—

form his duties as hatch foreman in a proper and com-

* 8 ay ee Son soi gs nes.

‘ 5

oe og

‘The A of the Defendant, Pope & Talbot, Inc., to

the Amended Complaint of Charles Hawn respectfully rep-

: resents, upon information and belief: \ *

1. Defendant lacks information sufficient to form a

belief as to che truth or falsity of the averments of the

First Paragraph of the Amended Complaint, and accord-

ingly demands stfict proof thereof, if material.

| 2. Denied.

3. Defendant denies that it is required to answer the

averments of the Third Paragraph of the Amended Com-

_plaint, inasmuch as the same pertain to another Defendant,

Atlantic & Gulf Stevedores, Ine.

4. Admitted. Be a

5. Denied. On the contrary, Defendant avers that the

Steamship „John Dickinson’’ was operated by it under the

terms of à bareboat charter from the United States Mart-

time Commission, and not otherwise.

—

6. Defendant lacks ‘information sufficient to form a

belief as to the truth or falsity of the averments of the

Sixth Paragraph of the Amended Complaint, and accord-

ingly demands strict proof thereof, if material.

82 Denied as stated. Defendant admits that on or

about November 16, 1947, at or about 3:30 P. M., Plaintiff

either walked or fell from the tween deck level of the No. 4

hold ints the lower hold of the Si aship ty ohn Dickin-

son’’. The remaining averments u! we Seventh Paragraph

of the Amended Complaint are denied. 1

| 9. Defendant denies the allegations of the Ninth Para-

graph of the Amended Complaint, including the sub-para-

graphs designated (a) through (j) inclusive, insofar as

said allegations pertain to iteelf. Defendant avers that it

« * — . 2 . » —

— . Aes Soe S ae

2 Sr ² A ß Le Te

¢ : i

inn ile ee

1 *

4 l

—＋ \

Answer of Defendant 21a

is al in this 8 required to answer said allegations

insofar as they pertain to the Defendant Adantic & Gulf

Stevedores, Inc. 2 /

10. Denied.

Further answering the eden 3 ‘iad as full

and/or partial defenses, as the facts may appear, Defend-

ant Pope & Talbot, Inc., wre e alleges as follows:

11. Any injury “which the Plaintiff may have sustained,

‘aud any disability which may ve resulted therefrom,

were caused, in whole or in part, by the Plaintiff’s own

negligence and failure to exercise due regard for his own

safety. |

12. Plaintiff assumed the risks of ‘his employment.

13. The portion of the Steamship “John Dickinson“

in which Plaintiff was working at all material times was

in the exclusive possession and control of third parties or

persons for whose acts or omissions this Defendant is not

liable. |

14. The means and 3 employed in and about

the work in which Plaintiff was engaged were under the

direct supervision and control of third parties or persons

for whose acts or omissions this Defendant is not liable.

15. If the aforementioned accident and/or injuries to

the Plaintiff were the result, in whole or in part, of. the

negligent act or omission of any person or party, other

than Plaintiff himself, then said negligent act or omission

was that of third parties or persons for whose acts this

Defegdant; is not Ree)

16. If the afccementionsll accident and/or i injuries to

the Plaintiff were the result, in whole or in part, of any

unseaworthiness of the ‘Steamship. “John Dickinson’’,

which Defendant hereby denies, then said unseaworthiness

was caused and/or created, in whole or in part, by third

22a Auer of Defendant 4 \

parties or persons for whose acts or omissions this De-

fendant is not liable. 5 . ö

Wuenzronz, Defendant respectfully prays this Honor- :

able Court that this within Amended Complaint may be

dismissed, that it may recover its costs, and that it may :

have such other and further relief as May seem just in the

premises. 3 :

Krvsen, vans anv Snaw, 1

By Marx D. Alaracn, ö

Attorneys for the Defend=

ant, Pope c Talbot, Inc. + a

. N

sail

—

Tum DEFrEense.

1. The plaintiff herein, Charles Hawn, at the time and

place mentioned in the Complaint and in the Third-Party

Compiaint, was an employee of the Third-Party defendant,

Haenn Ship Ceiling and Refitting Corporation. His injury

occurred during the course of his employment upon nav-

igable waters of the United States and under circumstances

where recovery for his disability against the Third-Party

defendant is not provided for by state law. The Third-

Party defendant accordingly avers that as between itself

and the plaintiff the provisio ‘of the Longshoremen’s and

Harbor Workers’ Compensation Act, as amended, were

applicable and that Section 5 of said Act provides, in part,

that the liability of an employer shall be exclusive and in

place of all other bility of such employer to the plaintiff,

or any one otherwise entitled to recover damages from

the Third-Party defendant, at law or in admiralty on ac-

count of such injury... 2 >

The Third Party defendant further avers that it has

secured the payment of the mpensation provided for in

said Act to the plaintiff And that said compensation has

been paid accordir law. The ‘Third-Party defendant

has paid to the plainti approximately Two Thousand Nine

Hundred Dollars ($2,900) for compensation and has ex-

_ pended the m of approximately: Hight Hundred and

Thirty Six Dollars and Fifteen Cents ($836.15).

3 The Third-Party ‘defendant therefore pleads the pro-

visions of the Longshoremen’s and Harbor Workers’ Com-

pensation Act as a bar to the within action.

Rawiz & Henpersox,

By: Tnouas F. Movurt, |

Attorneys for Hoenn Ship Ceiling and

Refitting Corporation, Third-Party De-

fendant, .

1910 Packard Building,

Philadelphia 2, Pa.

Tee 3 . C 4 . at N 4

, * = 7

8 5 oe ‘

$ 8 8

. se

* 0 << . 0 ..

. Re den Acton, ip 8 a

„ Peters. Honorable. Janes } Mona, 7. and a Jury. she

Prosent: 8 Lan AND dona, ows,’ by SamMvEL

—— . Esg., representing Haenn Ship. Ceiling & *

a 3 \ ‘4a

. * 2 ee ae a BS

* Se Discussion 1

2 . x fh: * 2

ARTE . THE Temp Srares 3 Court 4

| Fo THE EastERn District or PENNSYLVANIA. 2 5

* „A e. 2 ae . : ra :

„„ Gar Hawn, , : | 1

3 3 eae 7 e. ar \ cee 0 x

a — — bs = : — —.— — nae = v. D ö 4 . 5 9 15

BSS 2 Piopeꝛck Talbot, Inc a! 4

° 1 :

Panos a *

5 te . ne ° 1 N °

: 8 2 : V at 7 : . 0

0 e 2 * — „ 7 — 4 — * 8

2 . : a

* 7 * 2 . 0 < *

auen 4 Gulf Btevéiares, Inc. oes

2 * . — 3 5 .

—— . “ °

“Philadelphia, Pa, February 15, 1250

4 ES Re 3 e 2

J... ⁵ ek hea PER ETO PR ROR Te co 9

ies

„ ‘

1 H. Lanpy, Esq., and CS Laxaros, Eso.

3 ia representing Chatles Hawn;

EKaverx, Evans anv Shaw, Esgs., by Tabea B. :

- \Byrwsz, Jz, Ese., and Marx D. ALSPACH, Esd.,

nting Pope & Talbot, Ine;

[enversox, EsdB., by Tuomas F. Mount.

4 — nr

fitting Corporation; a

Howarp R. Detwenn, Esq., representing Atlan.

tie & Gulf Stevedores, Inc.

—

rere. in parentheses refer to typewritten pages of proceedings.

8 ä Discussion : 253

1 FIRST DAY.

—

(11) Tue Cover: bait st

Then, for the purposes of the record, it is stipulated

and agreed between all the parties that the action brought

in the matter ef Charles Hawn against Pope & Talbot, In-

corporated, Haenn Ship Ceiling & Refitting Corporation,

and Atlantic & Gulf Stevedores, Incorporated, in so far

as the Atlantic & Gulf Stevedores, Incorporated, is con-

* cerned, is by this stipulation dismissed and not to be sub-

mitted in any wise to the jury for consideration as a de-

fendant in this action. Pe 3

- 2 ae 7 . . 0 0 :

(24) es Oö Bring in the jury.

(The jury came into the court room.)

sworn.) ey

jury.) =

> 0 — . ~

Tu Covet: I understand you gentlemen are going to

reserve your opening. N

5 Mu. Auspacn: I would like to, with Your Honor’s per-

misgion. , ee 3 8

Mn. Mount: I would like if the Court approves to say

just a few words at this time, which will permit the jury

to understand our respective positions.

bun Corer: Von are privileged to do so. Mr. Mount.

: (Mr. Mount opened the third-party defendant's

5 case to the jury.)

THe Court: ; Members of the jury, we have a meeting

of the judges of the entire Cjrcuit here this afternoon, so

(The jury and two alternates were impaneled and

(Mr. Landy opened the plaintiff 's case to the

— —— ——— —

264 O Discussion

that (25) when you are ‘excused you will be excused until :

tomorrow morning at ten o’clock.

I want to say to you, however, that in this particular

suit in which you have taken your oath to try, and to try

fairly under the evidence and the law 4s applied to the

evidence, you will not, just because you have heard the

opening, permit any interest to rise in your minds to the

point where it pill make you curious. You are sworn to

try the case, as I said, in accordance with the law and the

evidence, so that you will not make up your minds nor an-

3 ticipate things as to what the happenings might have been

until if is submitted into your hands by the Court. You

will not even discuss it among yourselves, much less dis-

cuss it with anyone outside of the jury box. The case I

am told will take a few days to try, several days, ase müt-

ter of fact, so that as the witnesses appear on the stand

the evidence will vary, because you wilk not find this to be

in agreement, otherwise we would not be here. Tue evi-

dence will be disputed in many quarters.

Keep your mind open, keep it fair, do not Aetss it,

no matter how positive you may feel a witness to be, do

not make it binding, because on your conscience finally and

ultimately you can only determine it after you have heard

all of the evidence, and after you have had the principles

of law enunciated to you by the Court, and after you have

applied them (26) to that evidence. When your service

as jurors is over and done with here then you can feel ea

free and be happy with your memories that you have com- oe

mitted no wrong anywhere along the line.

With that, members of the jury, von will be eoused 8 £e

until tomorrow morning at ten oleloek.

You had something?

Tue CianR: At five minutes of two they are to go 5

to court room number 4.

0 S

Ke a ait ;

ea ci . . 5

i Discussion 27a

me ~ * 0 i

es lr.” Ul cm

5 „

—

Fun Covnr: You will get just a little oars than an hour

for your lunch.

Tomorrow morning, members of the jury, we will meet :

here at ten o’clock.

~ (Adjourned at 12:50 F. M. to 10:00 A. M., Feb-

ruury 15 89 0

(7): Philadephi, Pa., dere 16, 1950.

pea 0 . ° - Se

(98) „ SECOND DAY. Vee

(The following transpired in chamber.)

Mu. Alsraon: I wish to place certain things on the rec-

ord in connection with what I understand transpired sub-

sequent to the swearing of our jury nd the opening made

by the plaintiff. |

I understand that at approximately 1:55 yesterday

2 Judge Clary confined the entire jury panel, including our

jury, which had been previously sworn to try our case,

and which had already been addressed by plaintiff 's coun-

sel. I do not know what transpired thereafter because

counsel were not present upon that occasion. I have, how-

ever, noticed with a great deal of concern certain things

that have come out in the newspapers since that time. ad

first application is that the minutés——

_ Tae Cover: Counsel were not permitted to go into the

r mean?

M. Alzen: We were not. nn rr... ih 3: :

Mn. Mount: As. I understand, 1 no Suns were present. :

(29) Mn. ArsPacn: I understand to the contrary, that it

was a closed session. That was the phrase used in the news. 5

papers. So my first application is tha, es notes of what

_ transpired there be transcribed and be . of the 1

“= 695

recordin our case, and that this trial be recessed until such

time as we have had an opportunity to examine those notes

and make whatever motions or en ae be de- :

sirable under the circumstances.

Tux Cover: I think that is not unreasonable.

Mr. Lanpy: Excepting only that there is, as we see it,

if Your Honor please, no reason why we can not proceed

with the trial and reserve for Mr. Alspach whatever motions

he wants to make, without losing time in this ease, Judge.

_ MeGranery.

TRR Covet: Is it not all lost motion if there was some-

thing said or something done that would have some merit

that would be prejudicial?

What is the use 8 5 going on with the trial if wat were

80 7 N

Mn. „ 111 is eee that there will be nothing

prejudicial.

Tue Court: That i is the reason a why it it would be better

to stop to find out where you are going first. 5 mean 985

answer that yourself.

(30) Mn. Mount: If the Court please, chars 1 is the farther |

technical situation that I do not think the jury should have

deen charged or questioned without counsel.

Tue Court: What is that, Mr. Mount?

Mn. Mount: I do not think the jury should have been

‘ 8 charged or questioned in the absence of counsel, if they a

_ \have been sworn to try a particular case, and I niake a

5 _ formal motion for that reason to withdraw a juror,

TR Cover: That is the thing that bothered me wore

than anything else. I thought you —— would have

the right to go in there. see aera

M Lawpy: Would Your Honor Soebar letting us dis-

miss this jury and select a new jury? J am speaking now

for myself, aside from the difficulties of the trial iteelf.

*＋ / 3

. 1 eo?

Tue Cover: Tes, I think that in order that the thing

may be straightened out I would be prepared to do that,

and I think that would be the thing to do in this case. I do

not think the jury should have been taken apart and talked

to without counsel being present. I think that was the

error, no matter what was said, but that seems to me to be

the error in my opinion; I do not know, if it were not error °

in this particular matter, it leaves the door open for error

to be committed in the future. 7 Se

M. Auspacu: May I say one more thing along that

8631) line, Your Honor, it seems to me that we are all talk-

ing in the dark now, without knowing what transpired;

the moving parties, the prospective moving parties, would

that since we have already drawn this jury, and it has been

‘sworn, that it should be up to us to move with respect to this

particular jury, and if in the light of subsequent develop-

ments it may appear that we are satisfied to go on with this

jury, I think it would be wrong to dismiss them at this time,

until we know what the facts are. That is why I want to

know what transpired there. 855 .

Tue whele panel, for that matter, as I understand it,

was brought in there, and the same things I presume were

aid to the entire panel. Sé I do not see where any other

juror that might be drawn from this panel would be in any

different sttuation, except from the technical aspect that

they were talked to by another judge in the absence of coun-

sel, but I think it is up to us as the moving parties to make

an application for dismissal of the jury.

Mn. Laxatos: 1 do have one thought

_ . Ma. Bruns: We could probably have it by two o’clock,

I think. ates : | Hee:

Tux Covrr: Certainly I would not want to be (32)

pushed on trial if I were in any one of your positions.

it may well be that under the circumstances, we, who are

be entirely satisfied with going on with this jury. I think Se

Mr. Mount: I do not see how we can cure this situation.

Mr. Brax: If this jury has been talked to, it has been

a reflection on the panel as a whole, and I do not think that

the jurors have a ies mind and an ‘open mind to consider

any case.

Mu. Laxatos: Wel, you e can Lot go that tar.

Tae Covrr: I would not go that far.

Mn. Byene: The newspaper accounts are rather damn-

ing to the defendants. 6 45 ö

5 Mn. Auspacn: Your Honor, I 515 tess accounts. I

have not presented them because I think it is premature, but

I do want to have those made a ner of the record as well

as the current trial lis“. :

Tax Cover: I am in thorough agreement with vou that ?

counsel had a right to be present.

Mn. Lakatos: That may be true. “There is a only” one

thought that I have in mind, There is hardly a case tried

here or anywhere else where during the course of the trial

something does not happen that may or may not require a

new trial. The Judge does not stop the trial at that point,

but cor tinues, and rules upon that at the end of the case.

Tu Counr: That is something that occurs in the

133) knowledge and the presence of the Judge himself, but

here is something entirely different, where a jury is taken

apart. It is too obvious to me. No argument would per-

Be suade me to the contrary if there is an application.

Mn. Lakatos: 21 think you may be absolutely right. | The :

only thing is that I do not know why we should hold up the

trial for that reason, becuuse we do not do it in any situa-

tion.

Tux Court: There would be no use in my “proceeding,

and I certainly would not want to proceed with a trial that

is doubtful as to whether or not you are finally going to

wit&draw a juror and continue it anyhow. Why do that?

Discussion | Sia

si tha to ies eas ch Ss ec ace without

knowing your direction. I think it is better to stop and

get your bearings and then to move forward: That would

be my way of doing it. Maybe there is nothing in it at all, 7

they may feel satisfied to go ahead and go on. I do not

know. Certainly I would not want anybody to push me to

trial if my jury were brought apart and talked to by some-

body out of my presenoe.

Ma. Laxpy: We have no desire to do that, Judge Mo-

Granery, and it may be very well that Mr. Alspach will

have proper reason to ask for the dismissal of the case.

What I started to say, Your Honor, was that asi

difficulties A) of e these — — witnesgea: i

case——— oF om ‘ ak 15 W * g „

F. —

Tun Coun: ‘You are S lag to he hurt. 17 mean we

are going to go on with this case n Other it is with

this particular jury or with one that we will pick. I mean

we are not going to continue the case generally because ef

that, because, I think whatever damage might have been

. done we can cure if by remarks the jury, that is, a fresh

Jury that is going to be picked, e ren though it comes out of

tis panel, unless there i something in the remarks that is

_ prejudicial, and would be prejudicial to the entire panel.

To be very frank with you, I do not know what was

said. I do not know a thing about it. }

Maz. Auspacn : If Your Honor please, I woud like to

pee make it clear that there were further things that I wanted

to mention which are premature at this time. I wanted to

show Your Honor, if I may, the article in this morning's

Tiquiver, aud particulaily the tastparagraph, which I think -

is the most prejudicial to us. I am . to the last

sentence in that. ; ie

Tux Covnr: To the insurance companies?

Mx. Alsracn: Yes, the information would be of beneflt

to law firms or insurance companies, — that some-

one in our interest procured this allegedly improper inves-

tigation. Our firm has about twenty cases on this trial list,

approximately sixteen of which are jury cases, which would

mean (35) we have the largest stake of anybody, and as a

matter of. fact we have never done this thing that has been

complained of. 8

Tux Cover: To be perfectly frank with you, I do not

see any rm in investigating a panel of j jurors if it is done

core pan ; ee

Mr. Alsrach: I do not either, but I certainty do not

contend what was done here was proper.

Your Honor, may I reserve the right to offer these in

evidence and make them a part of the record?

THe Counr: If it is going to be necessary. :

Mn. Aspiras: 1 certainly want to. I thought it

premature at this time, until we know what went off I

think this would have to be judged i in the light of whaf was

said.

Tus Covet: Suppose we excuse the jury until 1:30.

That will give you ample opportunity to look at your notes

and make up your minds about what you want to do, but I

must agree that I would let you draw a new jury if ne

insist on it.

Mu. Laxpy: We are to be . at 1:30, sir? . oe

Tue Court: Yes. : ;

(Recess from 11:00 o’clock A. M. to 1:30 *

P. IX.). a

5 6) Arun Races

q Present: Counsel as before noted. Raa } 6 ; U )

(The following transpired in chamber.)

Tus Covrr;, All right, gentlemen, now you all have a

copy of the minutes. What is your view of them?

MI. Atspacn: Tf Your Honor please, I ask that the

minutes be made a part of the record in üs case.

I move for the withdrawal of a juror on behalf of the

defendant Pope & Talbot, Inc. BBs 3

I would also like to have these three newspaper clip-

pings marked for identification, if I may, and I would also

like to offer these as a part of the record in this case, if

Your Honor will permit me. 5

article appeared are not on this article, I can state that I.

clipped it from the upper right-hand corner of the third

page of last nights Evening Bulletin. I believe it was the

three-star final edition. 5 F

I ask that this be marked as Defendant's Exhibit

_ (A newspaper clipping was marked Defendan

(37) Exhibit 1-0.) ee Ee |

Mr. Alaracn: I ask that this clipping be marked as

Defendant’s Exhibit 1-b, the same being an article that ap-

_ peared in the upper right-hand corner of page 3 of the

Philadelphia Inquirer, the star edition which appeared on

the streets last night in this vicinity. 2 85 |

9 8 (A newspaper clipping was marked Defendant's

WR. . . ts @ a 8

tai 1-b.)

Mn. Atapacn: And finally I ask that this third clipping —

de marked for identification as Defendant’s Exhibit 1-c, the

, same being an article which I clipped from the final edition

of this morning’s Inquirer, which appeared at the top of

page 16 thereof.

—

Although the date and the publication in hich this

these jurors or to the members of their families, and that at

the conclusion of that hearing it was the sense of the

8 n O34: <6 é — - oe

(A newspaper clipping was marked Defendant's s

Exhibit 1-c for identification. )

Ma. Laxaros: If Your Honor please, in order that we

might discuss it intelligently, I wonder if Mr. Alspach won't

state for the record what the basis of his motion is in the

light of the record as transcribed in the preening be-

fore Judge Clary.

MIX. Alaracn: 11 Your e 3 I have looked

over the record of these proceedings and if my mathematics

are correct I find that ten out of the fourteen j jurors who are

on our jury spoke up at the : time of the hearing before

\ Tedge Clary (38) yesterday.

From the cold record it is my impression that at least

some of them were incensed at the fact that they had either

been approached directly or that members of their families

had been approachet.

I further gathered from the record that many of the

jurors questioned stated exactly upon what lines they had

been questioned, including their attitude toward labor

unions, insurance companies, end so forth.

I submit that the entire tenor of the proceeding was

to the effect that there was some wrong being done by some-

body here, in that someone had misrepresented himself to

Court’s remarks that the Court intended to do something

toward rectifying those wrongs

As counsel for the defendant I can not read the minds

of these jurors, naturally, I do not think it would be proper

for me ts any how it did affect them, but I think there is a

substantial possibility that they may have been prejudiced

by what took place yesterday before Judge Clary.

As far as the newspaper articles are concerned I can

offer no comment on them, I think they will speak for them-

selves, and I likewise do not know whether any or all of

(39) our jurors have read those newspaper articles. |

; 8 i Discussion 35a

„ Ma Laxatos: I find it u little difficult to follow. Mr.

Alspach and I wonder if he would clarify the situation. He

concluded his statement by saying that he feels that what

happened before. Judge Clary may have prejudiced the

jury. I do not know from what Mr. Alspach said whether

he means that the questions asked by the Court were

prejudicial, or that the answers that were given by the

jurors were prejudicial, or whether the proceedings in their

entirety were prejudicial. . N 5

Mn. Alsracn: My position is that looking at what tran-

spired as a whole the proceeding in its entirety resulted in

prejudice to this defendant: 2 3 .

: AM. Laxaros:-That is & very vague sort of statement.

8 Mr. Mount: May I speak my piece? |

Tu Court; Les. ;

Mn. Moonr: I make a formal motion for the with-

drawal of juror. I base it upon the fact that this jury,

after having been sworn, in the absence of counsel, was

questioned. = cae 5

I join in the motion to make a part of the record the

. transcript before Judge Clary and the newspaper articles

which have been identified, and I wish to point out that

Judge (40) Clary on page 19 of the transcript pointed out

to the jurors that the approach whieh had been made to

them was wrong, and 1 quote what I refer to: :

Aan probably during your term of service won't

hear any results, but it is our present thought that

while jury investigation is a perfectly legitimate thing,

‘that a direct approach to a prospective juror ig “not,

and, consequently, I believe that we will from here in

stop this sort of thing. eo ;

I feel that the statement from the Court emphasizing

the subject of improper investigation and questioning can

not but have an upsetting effect upon the minds of the

ee Discussion

jurors. I can not be in a position to show how it will affect

them if at all, I merely make my motion for those reasons.

Mr. Alsrach: I would also like to add, if Your Honor

please, for the record, that we wish to enter a formal objec-

tion and a motion for the withdrawal of a juror, upon the

basis that, as counsel for the defendant, as previously

stated, the jury, after it had been sworn and after it had

been addressed by the plaintiff’s counsel, was questioned

sel.

Tue Court: Gentlemen, following our conference here

this morning, I went down first of all to ascertain whether

or not the record as reported had been transcribed, and if

it (41). could. be made available to you gentlemen, so that

you r“ght. examine it, and then we could discuss it more

intelligently than we were discussing it without the benefit

of the record at the morning conference, and I must confess

that I do not think what Judge Clary said to the jury was

harmfui: to anyone; however, you point out now that ten of .

your fourteen jurors in your particular case responded to

the questions propounded by Judge Clary, which I am not

too familiar with and did not read. - ——-

I am going to overrule your application with this un-

derstanding, that I will ask the jurors how they feel and if

they have or entertain any prejudices. Certainly I will

say to the jurors that all of you who are represented here

are well and most favorably known to the Court, both as

members of the bar and as gentlemen, and that certainly

there is no shadow of suspicion that would attach so far

_ aa this Court is concerned to auyone in the present case

and if they can on their conscience render a fair verdict in

accordance with the law and the evidence I will, allow the

case to go on. a 4 5

Mn. Byrne: I might say to you, J udge McGranery, that

I am perfectly willing to be sworn when I state it, that in

so far as the. attorneys for the original defendant and the

‘original defendant itself, which is a West Coast company,

by another judge of this court outside the presence of coun-

Discussion | 37a

we had no part in investigating these jurors ahd did not.

know it had occurred.

(42) Tun Cqunr: I would not think of an affidavit or an

oath from anyone. 75

5 Mr. Byrne: Thank you, sir. : :

Tux Covurr: So if that meets with your approval ig

think we can go ahead and get on with the case, because

I do think—well, I am not going to pass upon the im-

propriety of it having been done; but I am convinced that

from what I hay seen of it there isn’t anything, unless

Jou have some festher-brained juror who would entertain

some peculiar doubt about any one of the participants in

our case here. Otherwise I think we can go on just as we

might if it had never happened, and the least said about it

from that standpoint the better, from the place where I sit

at least. bs ,

Mn. Byrne: Did you engage anyone? )

Mr. Lanpy: We did not engage anyone as such. We

have a service, we subscribe to a service.

Mz. Braxn: Which does investigate the jurors?

Mn. Lanpy: Yes, | 3 7

Mz. Brake: Mr. Mount? , .

Mr. Mount: I subscribe to no service and have never

at any time engaged anybody to make any investigation of

any juror. 55 : eee

Tue Covrr: As I said before, and Ido not mind saying

it for the record, I can not for the life of me see any (43)

harm in a service, I mean, properly conducted, because in a

metropolitan area such as we have here you Hught to in-

vestigate your juries, it is not a small community.

„MIX. Brews: I want to point out one thing, that in one

of the newspapers’ articles—— e

Tx Covrr: I will also ask tue jurors if they have read

these articles in the newspapers.

8889 Discussion

Mn. Branz: (Continuing) —the finger of suspicion, by

an unknown person, but apparently a Court attache, is

pointed very definitely at insurance nn cor-

porations and insurance companies.

Tue Cour: Let us find out how many of them read

the article.

Mn. Bruxn: Yes.

Tun Count: It may be there are some sensible folks

that do not even bother with the newspaper.

Mn. Alsrach: I think, if Your Honor please, it may

be important to ascertain, if you intend to do so, which acs <

count they read.

Tue Covsr: I will.

Mn. Atspacn: This one in particnar (indicating) the

last sentence of tiat. 5

Tun Count: I will. 5 5

＋—

J-

In other words, whut I will pms to do, I will try (44)

to give this jury the idea that they ought to try this’ case

in aceordance with their oath, the law, and the evidence

as we put it on here. There is nobody i in this case that has

even the remotest shadow of a suspicion attaching to them

as to thein trying té intimidate or in any way influence

jurors. | :

Mr. Bygwz: If the Court please, would it be out of

order, since Mr. Landy says that he has received a report

from some service which does investigate jurors—I do not

want to see it, would it be in order to ask that it be identi-

222 wan

fied, and’ either Sealed, vr kept by the Court, and rotarn sod

to Mr. Landy to produce in case there is ever any question?

Ma. Lawpy: If the Court ever at any time wants to

ask us to produce anything, we are only too glad to pro-

duce it, Your Honor, at any time, this case or any case.

Mn. Byrne: That i is fair enough, Mr. Landy.

e 1

Discussion : 393

Tun Cobnr: I prefer to let it go at that.

. Me. Byrwe: All right.

: Tue Covrr: Now, with fespect to your motion for the

admission of these newspaper articles, for what they are

worth, I think under the circumstances, so we will have a

full and complete picture, I am going to admit them. Ordi-

narily I would probably say no, but because of the whole

peculiar nature of the situation—there may be a bit of the

dramatic in here (45) that I do not altogether ———-

it may have affected the jurors that way.

Mn. Lanpy: Will Your Honor grant us an exception to

the admissién simply of the newspaper articles?

Tun Covrr: Surely.

(Newspaper clippings, previously fares ts Defend-

ant’s Exhibits 1-a, 1-b and 1 for identification, were

marked in evidence.) .

Mr. Arspacn: If Your Honor please, I would also like

to have a copy of the current civil trial list properly identi-

fied and received in evidence as Defendant’s Exhibit 2.

Tar Covsr: All right.

(Trial list beginning 8 13, 1950, was

marked Defendant's Exhibit 2.) ä

Tux Court: Is there anything that you gentlemen think

I bought to say or ought not to say, either ang to the jury?

Mx. Laxpr: From the plaintiff’s vi point, if Your

Honor please, having read the minutes of the session before

Judge Clary, I can find nothing in those minutes which

would justify talking to the jury. I say thai siüpiy on the

basis—not that I do not want Your Honor to do so, but

because I am fearful that we 8825 ereate e that i is

not as yet ereated. a

Tux Cobur: Yes, there ig that ieee

(46) How about you, Mr. Mount?

e e e , . r ð r gl PEE Oe Lae Sean eee

hag: eee e eee e L N :

' r¢

“46

~ aa por wn Discussion

— \

Mr. Mount: Well, I do not have a crystal ball. I have

no idea whether the jury is going to be influenced one way

or the other, I can not tell. If I knew I would say exactly

what I thought, but frankly I do not know, and I can not

take the résponsibility of guessing whether they Leave soa

influenced or whether they have not.

Tue Covrt: All right, then for the purpose of the

record I will take the responsibility of saying just what I

will do, without any further comment from 1 . ;

ption to

Mr. Mounr: You will give me a formal e

your ruling on my motion?

Tue Court: Yes. | |

(Théreupon a short recess was taken.)

(The trial continued in open court.)

Tun Court: Members of the jury, I would like, i in the

presence of counsel, to make some inquiry of yon.

I want you: to know and to understand that this is in

no wise attempting to be a busybody, nor am I in any

manner attempting to say anything to you with regard to

pProprieties or improprieties, but in order to insure a fair

trial as we in this land of ours understand a fair trial to

be, and that is under the law and the evidence as we get it.

‘from the court room and not from outside sources, outside

this room.

(47) I wanted té 15 you first, e you did appear in

another court room here, and were addressed by another

judge, om the occasion of some inquiry into who had visited

vou a hat questions thev asked von. in connection with |

y of the arne in this particular. case... These

pater the who aréstrying this case are all well known and

most favorably known to this Court. They are gentlemen |

and members of this bar in excellent standing.

Discussion 41a

There were, following your meeting yesterday, some

items in the newspapers of what transpired. They gave

various accounts, as newspapers are wont to do. How many

of you have read the accounts or account in any or all of

those papers?

oe — (Several of the jurors raised their hands.)

Tun Covet: May I ask, just starting with the first,

gentleman, what paper or papers you read the account or

accounts in?

E Junon No. 1: J read it in the Philadelphia Inquirer, sir.

¢ Tue Court: That remark is directed to the foremau.

In the Philadelphia Inquirer? Do you recall the (48)

edition?

~~" Sunor No. 1: No, sir, I do not.

Juror No. 2: Your Honor, sir, I happen to have the

clippings in my pocket from the Inquirer and the Bulletin.

I had an argument with my daughter when it came up and

I wanted to prove it to her.

Tun Courr: Lou know this is a great country we livre

in and I would get rid of those clippings. As I said now,

it is between ourselves, we have no-quarrel. There is only

one thing we are going to be concerned about and that will

be in the interest of rendering a fair, impartial verdict here

in this case. .

neee

Jupor No. 2: Your Honor, sir, I am not ‘acquainted :

with either one. |

Tue Covrr: I will come to that a little bit later.

Juror No. 3: 1 read it in the Inquirer. 8

THE Covrr: Do you recall the edition!

“Juror No, 3: I think the- last City edition. ©

_ Juror No. 4: Your oa read it in the Inquirer.

‘Juror No. 5:1 read it in the Inquirer.

42a a Discussion —

JUROR No, 6; Inquirer. ,

Juror No. 13: Inquirer, sir.

(49) Juror No. 14: I have read it in the W the late

eity edition, last evening, Inquirer.

Juror No. 11: This morning’s Inquirer.

J vnon No. 10: No.

Tux Court: You have not be with it?

_ Juror No. 10: No. B

Tun Court: And you have not bothered with it

JuROR No. 9: No.

Tux Court: And you 19955 not bothered with it?

Juror No. 8: No.

Junon No. 7: No.

Tue Cover: Did that give you ladies and gentlemen ‘

„ any impressions?

(No response.)

Tux Court: Did you feel or have a feeling after read-

ing that, or after the results of the meeting in the court

room yesterday, that any particular group or groups of

persons were making en ene to influence the

: jurors?

Juror No. 14: No.

Juror No. 13: No. + |

Juror No. 4 (shakes head). f a

Tne Court: Well, then, you feel that you could well

disregard everything that transpired and apply yourselves

to the trial of this case and render a fair and impartial

(50) verdict under the law and the evidence?

JUROR No. 14: I do.

Juror No. 13: I do.

—

\ f

Bie = 5

e A wt

FFP

, CEST 85

“Toni Budd. Direc

ae jurors nodded their heads. *

_ Tue Cover: Is there anything that 1 8 of Nn gentle- 225

men would like to say?

Mn. Lanpy: No, sir.

Tue Court: Is there anything that 2 would like me

to inquire now?

Mn. Arspacu: No, Your Rae

Tun Cour: Well, members of the jury, that was my

feeling about it, that you would not be impressed, because

it is only fair to assume that some investigation will be

made of jurors, but it should not be done with a direct

approach ; if they go into the neighborhood and inquire it

is perfectly all right. We live in a great metropolitan

area here. I think for most of us if some fellow would

come in and try to influence us I probably know what would

happen to him, we would bounce him right out. I have

been rubbing shoulders with that all my life, it does not

influence me one little bit. Sometimes it works the other

way.

I think we can go ahead with our case.

Mr, Lanpy: All right, sir,

(51) PLAINTIFF'S EVIDENCE

3 \

(52) JOSEPH BUDD, having been duly sworn, was ex-

amined and testified as follows:

. Draror Eau atrow, |

By Ms. Lanpy: | , .

* — *

Q. What is your ne, Mr. Budd?

A. Longshoreman. ees

Q. For whom do you work?

A. Atlantic & Gulf Stevedoring Company.

“a. Joseph Budd, Direct

Q. Did you work for them on November 16, 19471

A. Yes, I did.

* * * 5

Q. Now, on N ovember 16, 1947, what was your specific

(53) position? ae Fare

A. Hatch foreman. \ oe

Q. Did you work that day aboard a vessel

A. Ves, I did.

Q. Do you remember the name of the vessel:

A. No, I don't. ie

Q. Where was it? 3

A. Girard Point.

Was that the vessel in which Mr. Hawn was in-

jured on that day = § -

A. Yes, it was..

Q. What time did you go to work?

A. Eight o’clock in the morning.

Q. What were the weather conditions that morning? :

A. Well, we shaped up about 7:30, and at that time it

was misting rain. It rained until maybe about quarter of

eight. Well, when we got on the ship it stopped raining, it

was still cloudy and threatening, the skies were heavy.

5 9 hg

Q. When you reported on board this vessel where did

vou go to work first!?

(54) A. Number 4 hatch.

2. Who gave you your orders to work there?

A. The ship superintendent, Joe Schultz.

Q. What were you told to do?

_A. I was told to go to number 4 and make ready for

loading cargo.

Q. Did you go to number 47

A. Yes, sir. 5 ;

Q. When you speak of number 4 you are. — of

ee 4 hatch?

A. Ves, sir.

hatch when you got there?

tarpaulins,

naming,

Joseph Budd, Direct ³ 354

Q Main deckt

A. Main deck.

Q. What was the condition of the number 4 main deck

- A. Well, it was covered with all hatches, including two

. What did you do, if anything ==

A. Well, the first thing I did was to roll back the two

. tarpaulins, and then I took one hatch—I opened one hatch

and looked in the hatch to make sure where the feeder

was, and so finding the feeder in the after told the

men who was working with me to uncovef the after end

over the feeder. So they did. | | : ene

(55) Q. What was the first row, if you remember, of hatch

boards that you took off?

A. The first row I took off ‘would be center section di-

_ rectly. over the feeder—over the shifting board.

And that center section you say is over the shifting

board : \ :

A. Right over the center of the shifting board.

Q. Did you take any others off? | ?

A. Well, I took off two rows on each side of the shift-

ing board, on each side of the center of the hatch. .

Q. That would be two rows off the port and. two off

the starboard side : f e 5 ö

A. That means five sections, two rows on each side.

_ . Q. Where did you place those hatches? ? :

A. I placed the hatches on the port and starboard side

of the hatch by the coaming. That means I put two on one

side and three on the other on the very first hatch by the

Q. And how many rows of hatches did you uncover?

I am speaking now from the after end of the hatch to the

forward end. b f

A. I took off four sections.

2. Four sections of hatches?

A. Four sections of hatches.

een et — N

: ‘46a eae : vu Budd, Direct

01 How many seetions ob bathe aid the i r

(56) A. The feeder covered three sections.

Q. Why do you take off & section of hatches beyond

that which the feeder covers?

A. Well, when | vou are Wading, graip you open up

enough to run in the feeder, but anyway, when you run

grain, the grain came out of a bend and it hits the beam,

and it spatters around, and gets c on 1 ol Wwe deck and the :

hatches, —

In other words, that wads it 80, a “bed da. we leila

take chances with the cargo getting on deck and getting

wet—we were responsible for it. In other words, if you

take out a section above the feeder the grain would go

: down and keep dry, instead of landing on the top deck.

Q. When you took off those hatches, and if I remember

correctly you said there were five across and four e

fore and aft—— 7725 aon 7

A. That is right. |

Q. —were you able then to sev into ‘the tween deck of

number 4?

A. Yes, I was.

Q. Were you able to-see whether there were any hatches,

on the tween deck by number 4 feeder? ?

A. Yes. |

2 Were they all off? -

A. They were all on except about two.

(57) Q. And where were those two that were not ont.

A. There was one ofr the port side of the shifting board

2 by ihe feeder, and there was another one between the shift-

ing board and the cdaming, to fhe center I would say, of :

from the feeder,

Q. Was that on the port side or starboard?

A. That was more on the port side.

2. So that both the boards that were missing were 10

the port side!

A. Yes.

— 2

Joseph Budd, Direct aie

a Q. Did you see any loose hatch boards on the square

ol the hatch? — | 5

Bees A. I didn’t see any. e

e. Did any of your men, before you started to load,

go down into the lower hol !

4A. No, sir. 5

— me any of yout men or Fourself go down to the

oe ah OY gee

e. When did you start to load grain?

<1 A. Oh, ‘ab6ut quarter after nine, I imagine.

Q. For about how long did you load the grain?

A. Oh, about an hour..

2. About how much grain would yru judge to have

been (58) loaded in that hour? | ee ä

A. Oh, approximately a hundred tons, or a little better.

Q. Where does the grain come from that you are load -

ing, Mr. Budd / a 3

A. The grain comes from the grain elevator. That is,

a house filled with grain, that comes out on a belt, and the

aelevator extends the length of the pier. It is a building

that runs the length of the pier. Well, aay—I don't know,

it is about as tall as this building, I- would say. It comes

down on a belt and goes into the ship in a chute.

e 1

(59) Q. Where did you place your chute?

A. I placed the chute in the center of the feeder, that

_ Would be the second section aft of the hatch, the second’

section aft directly above the shifting boar.

2. Why did you do that :

A. In other words, we do that to try to make the ship

stay on an even keel. That shifting board spreads port

side to starboard side, and as long as you run it straight

__ down that shifting board we try to get as much on one side

as the other, to keep the ship on a pretty well-balanced

basis. 3 : |

Se re a

489, „„ Joseph Budd Direct

Q. How far away is the bottom of the chute from the

chifting board?

A. The bottom of the date 1 the shifting board

i would be about, well, I would any about two or three feet.

2. that grain comes down from the chute it is

separated by the shifting board!

(60) A. That is right. g

/Q. Does the grain come down fast or slow!

A. Well, it comes down pretty fast, determined upon

BB the amount of grain that you have on the belt.

Q. Is there any spill-over of grain other than that

- which goes direetly into the feeder?

* Yes, there is.

. Where does that grain spill over?

A. It spills over the beams and bounces up over the

hatch, and if you have a heavy belt on there then it ant

all come out that pipe. I men it is more like wedging

itself in—do you understand—and it would fold over and

come over the top of the pipe where the elbow comes over

the feeder.

Q. Is there any spillage over the feeder where you take

the hatch off?

A. Weil, that depends on ‘the 4 itself, because the

more weight we put in a ship the lower the ship goes in the

water, that slackens the lines on the dock, and that causes

the ship to drift up and down with the tides. As ships pass

the waves would run it all over the place.

Q. I wink you said you loaded for about a an hour.

A. ‘Yes, sir.

Q. What happened then f

A. Well, the A

(61) Q. Why?

A. I went to bnd out, and my boss told me there had

to be some repair work done by the wood butchers, and for

me to cover and stand by for further orders to whatever

hatch they wanted me to go.

(See

Jack Blasbund, Direct ce

Q. Then what did vou dot |

A. I replaced all the hatches, put the two .

put a weight on the hatch, and N In other words,

I went to number 5.

_ Q. You put all the hatches back on the main deck of 8

number 47 i

A. Yes, sir.

Q. Put the tarps back?

A. Put the tarps back. ; |

. From the time you started to work number 4 until

the time you knocked off number 4—incidentally, do vou

know what time that was that you knocked off? |

A. I knocked off, oh, about quarter after eleven. a

imagine.

Q. Well, frou the time you started until the time you

knocked off, did you or any of your men go to the lower

hold of number 4 or to the tween deck of number 41

A. No, sir.

Q. While you were loading did: you see anybody in the.

tween deck of number 41 |

A. No, sir. No-ome-allowed in the hatch but the men

that is (62) working. |

— —

(75) JACK BLASBAND, having denn duly n was ex-

amined and testified as follows:

Dmror ne

By Mr. Lanpy:

* * 1

1 What i is your eovnpation, Mr. Blasband? >

A. Foreman, Roberts Cleaning Supply Company.

Q. What do they do?

A: Clean ships.

Q. How long have you been a ama

A. Close to four years.

a 4

Were you a foreman for Roberts on November 15,

19471 \

A. I have been there since—oh, going on four years.

2 Do - remember * on a vessel that day?

4 Yes, sir

50a Jack Blasband, Direct

(76) Q. What time did you go to work that day?

i Eight o’clock.

; * * „

Q. Now, who was your immediate superior, who gave

you your orders what to do? .

A. Why, I have a eee over me.

Q. What is his name f |

A. Larry.

What orders did Larry give you that day? I am

now of the 15th.

Di in other holds? .

In 4. We fini 4 up. We were supposed to

3 ht o’clock in the morning.

the ‘‘Dickinson’’ on the 15th

— deck hatch covers!

Q. Did you go into . 47

A. aan r.

i ae tas ee

7123

;

Jack Blasband, Direct 513

Q. You went into number 4 hatch?

A. Yes. nite 8 8

Q. Where did you go first in number 4 hatch?

A. Lower hold. | |

. What kind of light did you have in the number 4

hold! 8 ear 1

~ can’t work when it rains. What I mean we can’t open the

hatches. So we have to go to the mate and get lights off

Fe ys: eS a BB a aii is

(78) Q.. What kind of lights?

A. Cluster lights.

. .Q. What are they? ; 5

A. I guess they are about twenty inches in diameter,

around. | 5

Q. How many bulbs in them? .

A. Five, four. me Cae

Q. How many of those cluster lights did you get?

A. Four. ; bce ee

Q. You got down into the lower hold, what did you do?

I am speaking of number 4. What did. you do?

A. Brought the dirt up through the escape hatch and

dumped it on deck.

Q. How did you bring it up?

A. When we went aboard the ship it was raining, we

+“

A. With a heaving line and a bucket. We have five

gallon paint cans.

Q. When you got through with the lower hold where

did you go? seta

_ (79) A. "The tween deck

8 Q. What did you do for lights there? 5

A. Brought the lights up and put them where we

wanted them. 12

Q. On the tween deck? :

A. That is right. ae N

Q. You didn’t open up t e main deck hatch covers?

—— es ee

PD OI sR LEIS 5

feeder?

52e N Jack Blasband, Direct

A. No, sir.

. Did / you clean up the tweén deck! g

A. Les. 4 8

Q. How did you get your rubbish out of the tween

‘deck?

A. Through the escape hatch. _

Q. Now, when you got to the tween deck of ber

4, were you able to · bserve that portion of the hatch which

was forward of the feeder?

A. Yes. . ?

Q. Were there hatch boards on or off forward of the

A. They were on with the exception of a couple were

off. oe a 5 1

Q. Do yon know where they were off?

A. NAI do not.

Q. You don’t know whether they were off on the port

or the starboard side?

A. No.

2. Do you know how oad rows of hatch boards there

were?

A. Two.

(80) Q. Did you see any loose hatch boards down there

lying on the . of the hatch?

A. No. \

Q. Then when you got finished with the tween deck

what did you do?

A. We brought all the gear up, that is, the brooms,

shovels and stuff that we used, brought it up, and went

down, in number 3.

Q. Now the next day would be the 16th, on a Sun-

3 day. Were you working the pohip that day!

A. Yes, sir.

2 * e

g 5 working.

Jack Blasband, Cross 7 53a

5 \

A. Number 3.

Q. Did you have lights?

A. Yes, sir.

(81) Q. N. did vou get those ‘lights?

A. Off the, mate.

2. How many?

A. Four. ;

‘Q. The same kind of e ister lights you used the day

before? |

A. Well, they could 15 been a little different. What

I mean i used four lights. Some ships you go on they

have diffe nt mae.

(82) Q. Let me ask you this, Mr. Blasband, * you were

down in number 4 tween deck oould vou see all of your

men?

(83) A. Well, we had some on this side and some on that

side, I just kept walking around.

Q. Did you see any of your men put on or take off any

hatch boards on number 4 tween deck? V

4 No. ; :

* * *

Cnoss-EXAMINArIow.

2 * ALSPACH : get gaia

* a a

(85) Q. These hateh boards that you have told us about

were right forward of the hatch, weren 't they?

A. Yes, sir. \

2 You don’t recall whether there is a shifting board?

A. No, I don*t pay much attention io shifling boards.

Q. What caused you to pay attention to the hatch

boards

A. Because we clean them off.

Q. Oh, you elean them off ’

A. Yes, sir.

By Did you clean them off that int

54a Jack Blasband, Cross

A. Saturday.

* * „

(88) Q. Well, did you send your men oe a pene job of clean-

ing up the number 4 tween deck when you were over there?

A. We never had any complaint.

. I am asking you. You are a ship cleaner of wide

experience?

A. Yes. —

Q. Did you do a good job that day!

A. We did.

2. And when you left the number 4 tween deck you

were satisfied that you had done a good job?

A. That is right. You see, we could tell the job is

good. And then the inspecter cohld come along and tell

them—if he sees any water. It is my job to see it is done

right so I don’t have to go hack there again.

Q. Do you recall the grain inspector making any com-

_ #plaint aboard the ‘‘Dickinson’’ about the tween deck in

number 47

A. No.

(90) Q. Now, my question is, you don 't remember, do you,

what the arrangement was of the tween deck hatch boards

on the ship after the John Dickinson’’?

’

0 0 *

By Mr. n:

(91) Q. Did you sweep off all of the hatch covers 4p num-

her 4 tween deck that dav?

A. All except the feeder, yes, sir.

Q. Did you sweep up all the space, the open pace in

the wings of number 4 tween deck?

A. Yes, sir. ‘|

Q. Did you take out of that hatch all of the dirt and

refuse that you swept up?

— Se

F |

Jack Blasband, Cross : 55a

A. Yes, sir, all except any big dunnage we left there,

that is, in the tween deck, against the bulkhead, that is, if

there is any down there. :

* s 3

(93) Q. Now, in number 4 tween deck you said there were

some hatch covers off. ee

A. Yes, sir.

Q. How many? 3

A. A couple. f

Q. Where were they located! What was the location

of the spaces where the hatch covers were off!

Oh, I don’t know.

You don’t know?

8 No. : ; . 7 ‘

Which side of the ship were they located? ~.

I don’t know. „

Well, do you know that there were a couple off?

Yes. |

How do you. know that?

. Because 1 saw them off.

. When you saw them where were you standing?

. have been all over the ship, I-walk around, I just

walk (94) around to see if the men is working.

>rPOrPOr>OPOoPOD

2. How do you happen to remember that thére were

two off? e

A. Well, I saw them, there is two spaces there, so there

must have been two out. 5

Q. Well, you did look to see there were two off?

A. Well, I was standing almost from here to there

(indicating) away from them.

Q. Now, then, when you looked and saw there were two

empty spaces where the hatch covers were off, teil us where

they were.

A. You mean the space?

Q. Yes. : : : :

A. I don’t know, it could have been either the second

or the third one, I don’t know. aaa.

ax \ Aa é

Jack Blasband, Cross

Q. Which side of the ship!

& On the port sideQ.

-Q. Oh, it was the port: side 7.

A. Tes. ene

Were both of them off on the aad sided

od A. It seemed that way, yes.

Wat do you mean, it seemed that way? It is either

* thé port side or the starboard side. ‘ a

A. There is two rows of pale © covers.

Cn |

1 (95) A. So I don’t know bine many, or ina row, 80 I don’t :

know whether it was the second, or the third, or the fourth

8 e

3 2. Were they both off on the port side of the ship?

A. There were two off, as I say, I don't know whether

Fa were off on the port or ateyboard, but. they v were off.

Q. Answer this: Can yon remember

A. If I turned around

Q: Wait until I finish my question. Can you remember

‘whether the ‘hatch covers were off on the port side of the

ship or off on the starboard? Can you ‘remember that?

A. Not offhand,no.

2. Well, remember it on hand an: See it vou can

member it on mane. Can_you rae after ‘thinking -

about it?) 5

A. At the Side you come up on the year „ Bis

. What is that „ ũ mt]

A. The port side. 25 a 55

2. They were on the port side? > „

5 A. Les. I will say the port side. a

a (96), Q. You will say the port sidet

A. Tes. 2

hl But can you remember? He Yas :

. A. But I can’t swear that it was off on the port side

or.the starboard side or what side. I am not going. to say

7 exactly | for sure when I don’t know. 5 ye

as 0 0 +

William Hawn, Direct ~ | Sia

WILLIAM HAWN, having beeri duly sworn, Was ex-

5 amined and testified as follows: |

: Direct Examination. i

By Mo. Laaer: :

(97 ) Q. Are you rélated. to we plaintiff j in this case?

cee A. Yes, sir, he is my dad.

Q. What is your occupation? 5

A. Carpenter. i ieee

. What was your occupation N ovember 16, 19471

A. Ship's carpenter. ;

2. Whom did yor work for! :

eae Haenn Ship Ceiling and Refitting Corporation.

2e. Were you on board the John Dickinson“ that day?

4 A. Yes, i was. : :

Q. Is that the day your father was in an accident?

A. That is right. \

Q. Whose gang were you in?

A. My dad’s gang.

15 Q What time did you go to work? ae

A. About eight’o’clock in the morning.

Q. What was the condition of the weather that day!

A. Well, it was cloudy and like mist—like misty.

. “Where did you go to work first? :

A. Well, we went to OES) Ge ae ras ee cage

hays, To number\3 hatch? — . pe 75 ~

| (98) A. Yes, sir. gts Sage

Q. Or number 3 old, rather?

A. That i is right.

aiken Sark ZOU our onders ta go there?

: 18 We my dad ga e mé my orders.

Q. Where did vou work in number 8

tt Well, we worked s e down in the lower hold and

buen up in the-tween deck. * — . . —

Q. How long did you work i in number 7 ‘Gee

‘ Bie ane : 3

1 \:

58a :

William dawn, Direct

A. Well, it was about half past two, quarter to three,

when we finished up.

Q. Where did you go after that?

A. We went back to number 4 hatch.

Who told you to go to number 47

A. My dad.

Did you walk across the main deck to number 41

Yes, I did.

Were you able to observe the condition of the main

a deck hatch of number.4?

eae. A. Yes, sir.

What was it at that time—incidentally, am I correct

when I say this was around 2:30 of 2:45, vou said?

That is right. :

What were the conditions of the main deck hatch

covers (99) at that time on number 47

Well, the tarpaulins were still on, and they had just

the end hatches on each side up on cleats, they were only

- about eight inches high, they were just stuck up on the

ends, just to get a little light down in the hatch.

„ A.

each snd.

* O 755 ＋ O0 an

Which side? .

On both sides, port and starboard.

How many of those boards?

Well, every one on each end, just one section on

Were there any hatch boards off number 47

Well, there was two I think by the forward ladder.

Did. vou go down into number 41 8

. Yes, I did. BA

How did you go down? |

n the gécape hatch.

Did you go ‘down with your father?

. Yes, we both went down the escape hatch.

And you came down on the tween deck of number 47

5 A. On the tween deck.

What was the condition of light when you got to

the tween deck of number 4?

* 1

— e e .

(100) A. None whatsoever.

| deck?

Hike William Hawn, Cross 59a

A. well, there was hardly any light at all-.

Q. Was there any artificial light down theret

Q. Did you go to work there? —

A. Yes, I did. 5 . 5 i

Q. What did you do? 3 ; ‘

A. Well, I went on—I started to cut the | corner out t of

the feeder on the port side.

. Forward or aft?

A. Aft.. ee!

Q. Who told you to do that? moa

A. My dad.

Q. What was the condition of the deck of the 8

A. Well, it was slippery. f

- Q. What made it slippery, if you know? .

A. Well. there was a lot of cr dust and gran on

. ao

the deck. - Woe

Q. Did you have occasion at any time to go to the

forward end of number 4 een cunt

A. No, I didn’t. |

5 9 1

„ On Bruin.

By Mn. Alaracg: 7 : 8

Q. Mr. Hawn, what was the condition of the weather :

| when you went from number 3 hatch into nber 4 hatch?

A. Well, it was cloud. 1 he

“=

Q. Was it cloudy then? “ ee oO

A. Yes, sir. oy

Q. Was there any rain coming down? _ 5

A. No, theie Was HO Tain at al. ,

Q. I believe you said that you started work that u mor :

ing at number 3, is that right?

A. That is right. 5

Q. When you got to number 3 the first thing in the

morning (102) what did you do vith. the main — ek hateh

boards of that hatch? g y py

7 a is \

60a William Hawn, Cross

A. Well, that hatch, we tock off every other one.

. You took off every other one, so that you had a

sort of checker board pattern? cant

4. Tm: |

Q. One off and one on?

A. Yes, sir. :

Q. Those hatch boards are what, shies four and a half,

five feet in dimensions?

A. Yes, sir. 5 .

2. On how many strips of hatch boards did you do

that at number 3? :

A. I believe mostly all but the last one.

Q. All but the last one!

2 A. Yes, sir. 7

Q. And how many men employed by the tiie Ceiling -

e assisted i in placing the hatch boards i in: that man- 4

ner?

A. I think ati was about five or six, i like

that. =. te

2. About five or six of yout | |

} A. Yes, sir. : 1

Q. How long did it take you to open up the hateh i in

that fashion?

A.. Oh, it would only take a few Mines

ä . It would only take a few minutes for five or six.

be ; men to (103) arrange the hatch boards that is we

A. Yes, sir,

. And you placed each one you took out on top of its

neighbor, is that; right?

A. Yes, sir.

L. Se that you could put them heck again quickly if

you had to? 2 J ?

A. Yes, sir. : Sees „„

How long does it take to push who of those hatch |

boards back into position Then it is 5 in that |

fashion? : : cee

* —

JJV ̃ w... ⅛ A! . ES eta PEER ᷣ . , ͥ⁰—6—ßc ANS ⅛ ͤ ... 3 28

8 a Rie 4 oye tek ae ee ewer N 1% ˙ X M ( ̃⁵ĩ˙²6Üʃ3 ̃ TY ae ' 2 b A Min Seow y he Sue A s 8

of = 1 „ —

. 5 ‘

. —— . 7

—_

or were you working over in the wings of the s

(104) A. I think I was ge ae in the wings of the ship i in

]

William Hawn, Cross. oe 6la

A. Well, that is really a hard thing to say, because

every hatch board might not be the same width, hex might

be knocked out of shape. eee.

Q. It the hatch boards are all of the. proper size, if

they fitted when you got there, they would be apt to fit

when you put, them back — „

A. That is right.

Q. If the hatch board are in a thet condition how ng :

does it take you to repl

one of those

A. Well, only about a half a minute, I guess.

Fad |

Q. It takes just a matter of a few = doesn’t 885

A. A few seconds, y „ sir.

Q. Were you working in the hatch square. of umber 3 3

number 3. In fact, it was er the tween deck.

Q. Did you have enough light in number 3 to work by

by reason of having. those main deck hatch boards off that

way?

A. Well, it. wasn't any too good. . 3

2 Vou were working in the wings and that i is the area

that i is farthest away from the hatch square! 2

A. Yes, sir. 1

Q. There was * of light in the batch equaret

It would have been plenty. f 7

coy right there at intervals of es ina a half

A. Th tia right,

our: All rishi, then we will 3

5 thie july, We Will recess at this point

! a ‘tomorrow morning. Some of our friends here

have an appointees it the morning, so we will meet

at 10:30.

N In the meantime, garry with vou the admonition

(105) that-I-gave to ybü yesterday, that yon are not

5 going to disenss this matter among W and

ing of two and a half kid five, i is that right? :

——

=: and November 16, 1947.

| * ir

William Hawn, Cross

* °

(107) Mn. penne If Your Honor 5 5 1 weld che

read into the record the entries of the logbook on the

8. S. John Dickinson” for the days of November 15

~ .

—

(108) Mes 15, 1947, tees ae (109) Relief

Mate J. Bergen relieves ship’s officer.

Thirteen o’clock Army Lieutenant Sheick and Ser-

geant Hill inspect all holds.

Sixteen o'clock, overcast and drizzling. ©

Seventeen o’clock, cleaners knock off for day.

Twenty o’clock, overcast, light drizzle. Routine

inspections 1

| Twenty-four o’clock, overcast.

Now for Sunday, November 16, 1947.

0000 A. Peters night mate relieved J. Bergen,

night mate.

Four o' clock, frequent routine inepections all se-

cure occasional rain.

Eight o’clock, 40 carpenters and 25 denies .

preparing holds 1 and 4. Stevedores aboard.

Nine o’clock, commence loading number 4 hold.

_ Thirteen five, two gangs cleaners ‘tron Robbin Co.

aboard. iy

Nine o’clock, first draft of grain in number 1 hold, |

0905 Detained in canis 1. and number 4 due 0 belt

a breakdown.

Nine fifty, continue to load in he 1 id 4

holds.

eee, ees

Sol Raskin, Direct — 835

Eleven o’clock, stevedores knock off number 4,

_ .(110) shift to number 5 hold. c

Twelve o’clock, 1 lunch,

Thirteen o’clock, resume loading number 5 holds.

Fourteen fifty, Carpenter C. Hawn fell from num-

ber 4 tween decks into lower holds. Doctor and am-

balance immediately called and patient cent to hospital

* a

a is Gillan ne : ya

day of November 16, 1947, is: |

4 A. M., cloudy. | Saye “aie

Nine o’clock, cloudy. i pte ee ae

— Twelve A. M., cloudy.

Four P. M., partly eloudy.

ä Eight P. M., fine and clear.

(111) Twelve P. M., partly clear. |

* * *

(114) SOL RASKIN, having been -— sworn, was exam-

ined and testified as follows: : oak oie

/ | Dreecr Examnrarion. a * ian 3

By Ma. Lanny: = / heat Rat:

/ hie 0 * XN. I 8

2 Mr, Raskin, what i is your occupation? 9 pos ab |

A.’ Carpenter. 8. 8

* 1 — —

Q. On November 16, 1947, were yee working fer Bas an

, Ship? 2

A. Well, i wouidii* 10 dul dn the dala, but the day o?

the accident, T mean 5 time of the accident, I was. N

Q. When you say aceident“ you wean an accident to

Mr. Hawn? f/ .

A. Yes, to Mr. Sen ae

- 3 — 8 5 A .

115) Q. Did you work in a hold?

64a 82 ; Sol Raskin, Direct

y That i is right. . —

Q. How long did you work there? .

A. Oh, up until a little—up to eleven that morning.

Q. Then what did you do?

A. Then we “ayes? orders to go in number 4 hatch.

9 * 0

(116) Q. Can you tell us the condition of the iat deck

hatch covers of number 4 when you got there?

A. They were all on. | :

Q. What if anything did you do, or did tie Hann

Company men do that you saw them do?

A. Well, they were pushed up ra up on the

wedges.

Q. What was it that iiss raised f.

A. The hatch covers. ) ee a

. How many /

A. Well, I guess about two on each side of the forward

end of the ship. 8

Q Do you mean two ow the port side oad two on the

- starboard side at the forward end of number 4?

A. Yea, sir.

Q. Did you or any Haenn Company . that you ge

take any ha 74 covers off number 41

A. Main deck?

: Q. Main deck. | :

A. No] I wasn’t the oly one in the hold. |

’ 2. When you got to the number 4 were there any batch

covers off the main deck?

(117) A. One at the la ider. 2 of

Q. Where is the lad ai aS

78 Tue cenier pari of ihe Ship, ine hate.

Forward or aft? , |

Forward.

Did you ¥o into number ——

That is right.

—tween deck

derer

SRE Sol Raskin, Direct a 65a

A. Right. :

Q. How did you get in!

A. Through the ladder. -

e. When you got to the foot of ‘the ladder what did :

you step on?

A. I stepped part on that, 3 you call that—

tanks, and then down in the hatch.

Q: Now, when you got down to the number 4 tween .

were the hatch boards on number 4 tween deck on or off.

A. They were on as far as J could see.

Q. Before you went into number 4 tween deck did any-

body tell you that there were any sao boards off of num-

ber 4 tween deck?

A. Not me.

Q. Did you hear 3 say anything to » anybody!

A. No, sir.

(118) Q. What was the condition of light down at number

4 tween deck when you got there?

A. Well, there wasn’t much light—from artificial, ncht

— they were propped up, and the tarpaulins was

pulled over, just so they: can see to get around the forward

end of the ship.

L. What was the sondition of the deck and hateh boards

of nuthber 4 tween. deck? .

A. What do you mean, condition? ee

Tl ow were they? on

A ell, there was some grain “dust, or oat dust, what-

ever you call it, all-over the deck, and on the hatch covers

some.

Q. What kind of a footing did that give yout

A. Slippery. ae

| . Ber long did sou werk down in number 4 teen

deck f 255 : .

A. That day? ey . | 3

y A

Waa | wer ee there before lunch, a little before

e Ae

; Fe

„

—

66a ve | Sol Raskin, Direct |

three, I guess I would say about four o ‘clock, but not

positive.

3 (119) Q. Where were 5 ben the accident happened?

A. I was on the i ore side, port side.

Q. Were n on the deck or on the hatch

square? ae

A. No, I wasted on the deck.

Q. Was there & ane down in this number 4 tween

deck 5

A. Yes, sir.

Q. How many rows of hatch boards howard of the

feeder were there in number 4 tween deck? :

* A.. Two.

. When is the first you know about an accident?

(20) A. Well, I would say just about a minute or so after

he fell dow, and somebody hollered, “Do 7 know Cap

‘Hawn fell down a hatch?”’

Q. Then what did you do? .

A. Then I walked towards the square and looked over

: into the on and the way I could see, tere was a space

missing there for a hatch cover.

Q. That hole that i are talking about, where was

that! a

A. On the 1 e to the 8 that would be right

iad to the feeder. *

= On the row of hatch boards close tole. feeder?

A. That is right. _

And where was the space with respect to the port

co and the center shifting board?

A. I would say that my best recollection ‘would be the

third hatch cover from the o ming.

Q. From the port coaming? ?

A. That is right. d

Q. Did you look down into that opening when ate got

there?

0 A. When 1 cot where?

Sa et er

Sol Raskin, Cross | 67a

Q. When you got there right after the accident.

V. A. Yes.

Q. Did you look down into itt

A. Les. BS 77 5

(121) . Did you see anything? —

A. Ves, that is where I could see Cap Hawn lying,

through that opening. :

Q. You saw him right under that? |

A. That is right.

295 ° + * 5 as

Q. While you were down i in number 4 tween deck, frum

the time you first went down there at eleven o’¢lock in the |

morning, or shortly thereafter, until this accident hap-

\ pened, did you touch any hatch boards? ; : |

* A. No, sir. |

Q. Did you put any on or off —take any * 1

A. No, ah e

Q. Did you see any Haenn — man toe at any

hatch (122) boards? / |

A. No, sir. : n eg

/®. Did you hear aay Haenn Company men ask for

Jights?.

7 A. Ithink that somebody Asked for li

Q. Do you know apes

A. I don’t know.

2 2 * 9 .

g 8

By Mr. Alsraon:

b ° „ 5 *

1125) Q. When you came to the number + un ich io siari

work there was.it the Haenn men, the Haenn Ship Ceiling -

men who tilted ap those main deck hatch boards?

; A. What do you mean, shored up? 7

QT believe you stated that you wedged up some.

: A. Yes, sir, — 7

68a | | Sol Raskin, Cross ay

Q. 11. was the Haenn men that did that!

A. ‘That i is s right. ,

ee Bs A. The fory

Q. were you doing there!

A. Well, I was putting up—making solid shifting

planks. don 't know exactly what I did at that particular

"When you first observed this opening in the hatch

— where were you standing?

A. You say at first 1 was where When Harn fell

down? :

Q. You said after the accident, you said there was one

hatch board out, is that right? 4

2 1 said I was called into the square of the hatch.

, A. den they told me he fell down that iy te time I

: “observed it.

. Q. Now, when you observed it, where v were you end

ing ;

3 was atanding on the hatch e cover and towards the

-eoaming side.

Q. There is no doubt in your fund but what you saw

“i that one opening there, i is that right? :

. A. That is righhjt.

7 2. I believe you testified that you think that 3

asked for lights, is that correct? * :

rd bean Acad te! |S,

_ Sol Raskin, Cross 69a

(127) ‘ That is right.

| Q. That was one a the Haenn men down i in the hold,

Was it? eae :

A. That is right. 5

. And he was talking to another Haenn man; wasn’t

het

A. That is right.

Q. Now, when you were down there in that hatch work-

ing during the day you didn't have time to pay attention

to what all the rest of the men were doing, did you!

A. That is right, which is none of my business. |

2. So you are in no position to say whether or not any

of the other men actually moved any of the hatch nears,

are you? S

A. I said no, I don’t know. ö

2. You don't know whether they did or not

A. That is Fight, I dom t know.

By Mn. aise 1

(132) Q. Now, you have worked in holds hefore where

some org the hatch covers have been off, haven't you?

A. In other ships, you mean? |

Q. Yes. 955

A. That is right. ee

—

„And it is not unusual for some of the. hatch covers

to be on and some to be off, is it!

“A. Well, in some cases there is— well, we come in on

the (132) ship and the hatch covers off, ends tilted, we put

them on, we put them all on.

Q. You put some on or. a,

Mn. Lanpy: That is not oe the witness said.

He said: We put them all on, we put some on.

Mr. Mount: Don’t interrupt me.

. *

1 a pty:

* ‘Se

Jj é 7 1 J 71 * 2

3 0 . te 5 , ie

Fi Let 5 ° 0

0 5 . 4

. 2 ö

mm J Wires yer

„ a atin re

Mn. Lanpr: 11 Your Honor please, if Mr. Mount

is going. to repeat the witness’ e then he n

to repeat it oprreetiy. ” Gis

{

By Mp. Mount: * ö

0 Sometimes ou go in po you put some of thins on, P

and sometimes you put them ali on, isn’t 85 h

A. No, air. .

What is right? a |

4s . If there are hatch covers missing we put ees on,

we make sure we don’t leave. any gaps in between. |

3 Sometimes in the course of doing the work which

you have to do iti is e to take hatch covers off, 5

isn’t itt. eae 3 0 ee

ghee A. Jes, sir. f

0 Q In, other ‘evi tie hatch ere are there 10 be

taken on- and off as necessary, is that right! i

A. In some cases, yes. ; 8 Se

C. During the time you were working on this shifting ¢

„board did you walk on the hatch covers on ‘the square of

the hatch? =.

(134) A. During that time, yes, sir.

Q. How many times did you walk on it?

‘1 I can’t tell you.

. What? © :

ee A. It. is impossible for me to tell you how many nee.

¥ Q. Let us put it this ‘way: During the ‘time you were

: working on the shifting board you had to-be on to and from

tze center of the ws and the side of the ship?

oe A. Right. _ ,

X. Q. And i it a 1 do that yout had 10 Walk over iby

- hatch covers, didn’t you!

—

5 A. That. is right.

. During the time you were working there did ee

, see any hatch covers off? 6

5 A. No, sir. f

0 25 5 * . 8

_ Stephen Sitlicky, Direct as - Tila

By Mr. .

Q. Who was the boss down in the number 4 _— that

9 f

A. The, carpenter boss? = A

Q. Yes. 5

A. Steve Skalicky. 5 .

. And you men that were working down 0 took

Four orders. (135) from Steve Skalicky, didn 't sh

A. Yes, sir. 85

Q. There were no ship’ x personnel down there, were

there?

A. In the hatch?

Fes.

A. No, sir.

: 8 , e 0 2

STEPHEN SKALICKY, n been duly sworn, was

examined and testified as follows: :

* Dor Examrnarion.

B Ma. Lakoy: cose : =

Q. Mr. Skalicky, what i is your ef

A. Foreman, ship’s carpenter foreman.

Q. Whom do you work fort :

A. Haenn Ship Ceiling. :

2. How long have you been 3 for them

A. Eight or ten years. 5

. Were you a ship carpenter foreman for Haenn on

November 16, 19477 5 0 .

(136) A. Lee. a ——

Q. Were ‘you working aboard the vessel on which Cap:

Hawn: was hurt that day?.

A. Yes. ans

Q. What time did you go to work that day .

A. Eight o'elock in the morning. ee

Q. How many men in your gang!

72a Stephen Skalicky, Direccege

A. I hired seven or eight men I think, I couldn't 't ex-

actly tell you. I don't remember that. es

Q. Was Cap Hawn in your gang? | ;

A. No, sir.

(). He is a hatch foreman just like you are? 9

A. That is right.

Q. Then I will ask you, what was the condition of

= wenthas when you.went to work that day? |

A. Well, it was cloudy and threatening rain. I think

it rained a little in the morning, I am not sure.

4 3 Q. When you got on board the vesael where did yon go

to work first? ö \

A. I don’t remember what baten we e went to that morn-

ing, you see.

Q. Was i nsthas hatch other than hatch number 47

. A. I don’t remember wail hatch it was, it was another

hatch. : oes

2. Incidentally, where did vou get your wine fromt

_ (187) A. The ship boss.

Q. Who was that?

A. Freddy Knopf. . ,

Q. An employee of ero Comipanyt e

A. That is right. 7

Q. How long did you work in the hatch into which you

: first went to work on board this vessel?

___—_—-—A-nifiie other hatch? 8 ;

2. Les. os 5

A. I just can't W now. 3 know we ‘worked 3 in

the hatch. You see, it is so far back I can’t remember.

Q. Did you finish your work there! Did you finish

Four work in that hatch?

A. I don't know whether we finished that hatch or not.

Q. Did you leave that hatch and go to number 41

np A. Yes, we left that hatch.

? 9, Was it before your lunch hour or after?

A. I can’t remember whether it was before lunch! or

after dinner. I can’t remember that, see.

: partie ard, Direct — ge

0 Did vou take your gang ¥ with yout |

A. Yes, sir.

Q. Do you remember the condition of the main deck

hatch covers at number 4 when you first got there?

A. They were closed up. |

(138) Q.. Tarps. over them? .

A. Yes, sir.

. What did your men da to the main deck hatch covers,

of number 4?

wedges under them.

A. They raised the epitome me on mS and put

Q. Why did you do that?

A. . get light in the tween deck.

QI Why didn’t you take the hatches off?

}

A. Otherwise we can't take hatches off on account of 103

grain apc in the hold they claim.

. Is that what you generally do in this kind of

weather, I mean wedge your hatches? 1 |

A. Just put wedges. underneath the ends.

Q. How big are those wedges? 2

A. Oh, they run nine or ten i hes, see.

Q. And you wedged the hatch ards on each side?

A. Both sides.

Q. Were any hatch boards taken off of the main deck?

A. When we got there!

Q. Did your men take any off ! f

A. The only hatch we took off was 185 hatch with the

tadder to-go down the hold.

Q. That is at the forward end!

(139) A. That is at the forward end, yes. an

Q. In the center of the hatch?

A. That is right.

Q. You went down into number 4 at that time f

A. Ves, sir.

Q. Befgre you went down to number 4 did anybody tell

you that there were any hatch boards tar TSE

A. No, sir. yer | ae

aes Stephen Skalicky, Direct

Q. —out of the tween deck of number 47

Naa

N Q. When you got down to the tween deck of number 4

were the hatch boards on the tween deck on or off ?

In the tween deck? 3

Yes, in the tween deck.

They were on as far as I could see.

That is forward of the vuanals

That is right.

What was the eokdition of light hen you got there?

Well, it wasn’t so good, see.

Did you ask for light? —

asked for light when we was on top of the deck.

Whom did you ask? Sie

, . I asked—I don’t know what he was, a 3 or one

of the crew, I don’t know what he was. |

(140) Q. But he was a member of the crew belonging to -

ship? 85

A. That is right.

Mr, Alsrach: Now, if Your eee please, I object

to that. The witness has not identified that man as a

member of the crew or belonging to the ship. I object

to his stating a conclusion that he was.

5 Mn. Laxpr: If Your Honor please, it is perfectly

normal that these men do exactly that, talk to the ship's

personnel without finding whether they 8 signed

articles. 9

‘Tue Counr: I think it is easy enough find out.

He said he was a mate or a member of the ¢rew.

By Tue Court:

Q. What made you think he was a member of the crew?

| A. I don’t know who he was, see, because I didn’t know

him, so I asked him for lights, that is all. ?

Q. Did he give you. the lights?

A. All be told me is O. K., see, because when I aunt to

him I sa:d: Chief, how about getting some lights for this

nererercrer:

| oh reat ; — aes ee

Stephen Sxalicł Direct 75a

hold? I said: Chief, how about getting some lights for this

hold? I said: We need lights down in this hold. But I

didn’t know who he was. iy

Q. Well, did he get the lights for you?

A. He got the one light. I don’t know who Wees the

light. We were down in the hold, ~~ lowered a light

down to us, (141) see.

Mr. Lanpy: May I ask f in that connection another

question, if Your Honor please?

THE Count: : Yes.

By Mn. Laxpr:

Q. Was the man you were talking to in uniform or in

civilian clothes? 5

A. Well, he wasn’t in a uniform. He got a pair of

khaki pants on. 1 don t just e what else he had

on. 8

Q. Was he wearing a cap or not?

A. I didn’t take notice, see. |

Q. What was the reply that the person gave to you?

A. He said O. K. to me, that i is all.

Mr. Lanpy: If Your . please, 1 think that | is

sufficient to indicate that the person who was asked

is the person whom he would under those circumstances

generally. ä os

Mn. Araracu: I object to that, if Your Honor

7 please, and I object to his arguing it in front of the

jury. He said the man had a pair of khaki pants on.

There were 75 people working én the ship that day,

and I would venture to say many had on khaki pants.

That is all he had to say about this man’s description.

Tue Court: It is not very definite. You ought to

tie it in a little better. I do not know how you can with

: — this witness. *

hs » N

ae ae

\ whet

16, Stephen Skalicky, Direct

By Mr. Lavy: ret

sa Q. Mr. Skalicky, what’ is the customary procedure for

vou as a hatch foreman when you want lights! What do

vou do working on board ai vessel?

Ma. Auspace: I object to that, if Your Honor

please, as it is not the customary procedure, we want hs

know what happened that day.

Tue Court: He can establish the customary pro-

otha: and then, was it followed that day 9

Mn. Auspacu: If it was followed I have u no o objec-

tion. ; 5 ; |

By Mn. Liwpe: s

Q. What do you 3 do when you want: lights?

A. We ask for lights, when we. go down there.

Q. Whom do you ax?

A. Who we can see, we ask some kind of ship boss to

get lights for us.

Q. Do you take lights 1985 you?

A. No, sir. f 3

Mn. Luxor: Under the eireumstanoes, if Your

Honor please, I am perfectly willing to have that por-

tion of the testimony in which I refer to him as a mem-

ber of the crew. stricken.

(143) Tue Cover: Very well.

Mr. Alsrach: As an officer or member of the crew,

I think it was.

Mn. Laxbr: All richt

Tue Cour: All right. 7

By Mr. Lanpy: 3 ence eit

. Did you subsequently get a light or —

A. They brought one down.

Q. Who brought it down?

A. I don’t know who brought it down, when we was

down in the hold somebody sent a light down to us.

FFW

FE BUA a

Stephen Skalicky, Cross ee.

2. What kind of a light was it

A. A regular cluster light.

Q. What is a cluster light? /

A. Well, it is a big light that has—some of them

where you could put four bulbs i in or five bulbs i in, see, and

some you could put one’ bulb in,

Q. Of a very large size?

-A. It is a big size.

. What kind was this? |

A. This had four or five connections. .

2. How many bulbs were in that cluster mee that -

you got down there?

A. One bulb, I think there was only one bulb i in there.

. 0. Q. Did you get any other lights?

A. No, we didn't get any other lights.

Q. What was the condition of the deck and the hatceh

boards when you got down there in number 4 tween deck?

A. On the hatches?

Q. What was the condition of the deck and ™ hatch

boards?

A. Well, there was a lot of ast in there a grain,

see, dust and grain.—

Q. What kind of 2 a : footing did that give you!

A. It was slippery, see ads

: ] 5 * 2

(146) * ae : Cross-EXAMINATION.

2 Q. ‘You were the boss for the Haenn. Ship Ceiling &

Re (147) Corporation down in number 4 tween deck,

weren’t << eee .

A. Yas, ——

Q. pee were ‘inno the first Haenn employee. who

went down in that hold? =

A. No, I wasn’t the first one, see.

O. Who. was first? Sars

A. I don’t remember who was 8 there.

Q. Did a group go down together?

78a Stephen Skalicky, Cross

- * Weall started to go down together. I don’t remem-

ber who was the first one to go down. 3 <

f . 5 7

Q. About how many 5 were in your group who first

approached number 4 hatch before you went down?

A. I just can’t exactly remember now, I don’t know

whether it was seven or—I can’t exactly remember.

i. When you got there did you instruct your men to

arrange the hatch boards in the manner that you told us

they were arranged i

A. Yes, sir.

Q. You told them to do it that way?”

(148) A. Ves.

2. How many hatch boards did roe say were arranged

in that manner?

A. Three.

Q. Threé on each side!

A. Three on each side, three on the port and three on

the starboard side.

Q. How many hatch boards are there altogether i in that

first strip? —

A. J don’t know, 1 couldn 't tell you, 1 never counted

them. ‘

Q. They are two and a half by five feet, aren't t they? 5

A. I don't remember that.

Q. Give us your best recollection of how many hatch —

boards there were on that first strip. |

Ae can’t tell you, I never counted them.

Q. In any event, you took off, oy rather you raised up

three on the starboard side. and thr

A. That is right. ä

And you took off the one by we ladder

That is right.

ved that, didn’t you? 5

We just lifted it up and set it across, see. ,

0 That means you had a total of seven boards which

were moved in one manner or another, i is that right! .

on the pert eide

Z 22A u αν⏑

5 i

Stephen Skalicky, Cross pa

(149) A ‘Yes, sir; seven. ‘That i is three on each side and

one in the middle, that is seven.

O. You have had occasion to handle hotell boards a

great many times in your experience, haven t yout

0 A. Well, off and on. ars

Q. Well, you know-how 10 move them, of ee ioe ,

yout Sree |

fer “Se ee

Q. Do they have a handle on either end?

A. Yes. 5

f Q. There is a depression pent in the board with | fi

metal strip across that you can grab on to them:

A. Ves, sir.

Q. Now, when you went down in that hatch that day

Sou gave (150) the orders to the men, didn’t yout 3

A. Yes, sir.

Q. When you got down there for the first time on the

tween deck did you look around to see whether all the tween

deck hatch boards were in place? 2

A. Well, when I got down there, I got ‘down and 1

stepped on the casa fae 1 thought sure all the hatches

were on. | 3

Q. You thought sure they were en :

A. I didn’t take any notice of any hatches being off.

. You didn’t look?

A. I didn’t take notice.

WP ey tin Se ieee 3

Q. Now, these hatch boards which you had wedged up

af the hatch, weren’t they?

A. In the square, pag forward aoe

Q. In the square of/the hatch in the forward end!

A. That is right.

square of the hatch in the forward end, wasn)t it!

fe * That is right.

2. And the forward end of the feeder box?

as you (151) have indicated were right a the forward end _

. And this shifting | board was right underneath the .

call a lot of dust.

60 5 5 | “Btephen Shalioky, Cross

A. That is right. en Os

Q. (Continuing) Was in the forward end of that hatch,

too, wasn't it?

A. That is right.

; , e * 9

(153) Q. How was the feeder box on the inside on the

John Dickinson“; do you know e it had wake’ or

not?

1 couldn it tell you, I didn’t look it in.

Qi. About how many men were banging on that feeder

bux with hatchets

3 A. I think about ee men.

Q. In addition to those men the ones who were 4

ing making that shifting board solid, were attaching the

end of the shifting board to the forward. end of the seeder,

weren’t they? 2

A. Yes, sir.

Q. They had to bang 7 Ae with their hammers to do

that, didn’t they? = ee

A. Yes, sir.

Q. When you bang away on that feeder box with a

lot of hammers or 1 that throws up a lot of Beat,

doesn’t it?

A. That creates a lot of dust, not say what yon

(154) Q. But it does create dust?

A. Dust, yes. se

Q. And if there are any 35080 particles of grain in

that feeder box they are knocked loose, aren't they? :

A. If they are knocked loose they tall right down a the 85

hatch. gaa 1 *

rg They fail 3 they land!

A. They fall wherever they land, that is axe you

can’t tell where they are going.

Q. Was there anything unusual ‘about the working ö

conditions down there in number 4 that t day, N at

all out of the way? ;

—

. Shalicky, | Cross : 813

A. No, sir. .

1 Nothing at all?

. Ne, r.

2. And you are an experienced ship foreman, aren't

5 yout —

A. Yes, sir,

Q. I believe you mentioned that a cluster light was

sent down into number 4 tween deck. sie

A. That is right.

Q. Wasn't it a fact that all you kaw was that you Saw

this light coming down from above on an extension cord?”

A. Yes, sir, 7 7 ä

Q. Lou didn't see who sent it ‘down! 1 8

EVE

455 Q. After that light was lowered down on on the: exten-

sion cord did yo “anything to Haden asic! that time

about more t? | 8

A. No, sir. : !

And none of the men ‘said anything about more

light after that time, did they? ?

A. I didn’t hear oe I was at the after end, I

didn't hear anybody.

Q. I-didn’t hear that.

A. I was at the after end, 1 didn’t hear anybody.

. Q: Since you were at the after end you don’t know

whether or not any of the Haenn men moved those hatch ;

e up forward of the e box, do yout

A. No, sir.

Q. Tou were in no position 10 see, were your:

(156) A. No, not all the time, see. —

Q. I think you mentioned in your direct .

that sometimes you ask the ship boss for lights, that would

‘be your foreman, the head man for the Haenn — and

_ Refitting Corporation?

A. That is right.

: .

4 82a ae Stephen Skalicky, Cross

ö 9 And inthis case on the ship this day that was Fred

Knopf, wasn’t it?

A. That is right.

ots ; ‘ ° e 0 oe

By Ma. Movwr: | Loe

® 0 2

(158) Q And in ide to make this shifting board tight

your men had fo take that lumber out, and measure it,

and saw it, so it would fit in with what you had up there,

is that right?

— A. That is right.

Q. And they had to nail it together?

A. That is right. 3

n order to do this work they would hive & to be on

weet they? (RS, op

A. Ves, sir.

| . Did you see the men 3 that work as you went

around, did you see them e there on the hateb

covers?

4 A. Yes, sir, I'seen them.

3 the main deck which were wedged up? |

A. Yes, dir. 5 ae

Q. When you got those three 0 on either side, is that

right? : :

A. That is richt.

2. Now, they left down . light into the tween

deck so ‘that you could see to do this work of constructing

this shifting board, couldn't you? 8 r am

A. There was light, but not good light. i : ;

Q. You could. see to do it? —— 2 ;

A. You could-see-. ;

2. 1 mean you could see good enough to go over in

the wings, and cut lumber, and saw it, and bring it back!

N i A. That was all you could do there, that is right.

. That is alt you had to do, wasn’t it!?

Stephen Shalit, “Direct 83a

4. That is right.

. And when it is threatening weath r such as you say

it was. this day the ope up of that humber of hatch

boards is the usual Prose dg ‘isn’t it! 5

A. That is right. | 5

Q. And it gives in enough len to do e work which

you have to do, doesn't it! 7

s A. Just: at an forward end. - 5

@ e *

(i600 Q. Now, these lights, you had those in order to work

in the after end of the hold, didn’t you? :

A. That is right. :

. Because back there the feeder shat out the licht

„ Tes.

„. — whether the hatch-sovers-were on or off, didn "

itt 5

: ; A. That i is right. 7 :

rs! e. @ 8 5

(162) By Mn. Alraenn i ace

fx, Q. I don’t think I remember . you this, but 1

wanted to get it straight There was no one down in the

bold during the time you were working there except Haenn

employees. That i is correct, isn’t it?

A. Will you repeat that question, please?

1 Isn't it correct that there was no one down in num-

- ber 4 tween during the time that Haenn Ship Ceiling

— 1 8 working there except the Haenn employees?

: is right, nobody else was down aunts, when

we er ie nobody else was down.

* — 0 *

R- Dmror ee

By Ma. Laxpy:

‘Q. Mr. Skalicky, whee you came deer into the tween

deck of number 4 the first time was there grain dust at

that time.on the deck and hatch boards? :

A. Yes, there was grain dust.

seen 1 :

84a Stephen Skalicky, Re- Direct

Q. That was before the men started to chop < out the

feeder!

A. That is right.

O. Was that the normal 3 of grain dust re

would find?

Ms, Arapace: I object to that question, i if Your

Honor please, what the normal amount is.

( 163) By Ma. Laxpy: , oo

2. Was that the usual amount

Mn. AusPAcH : I object to that as well.

A. Well, you see, when they pour — in a 1 8 1

Ma. Lanpy: Just a second. ae

° . Mn. ALSPACH : Wait until His Honor —

Mn. Lawpy: The reason for the question was be-

cause of Mr. Alspach's eross-examination with respeet

to the unusual condition, that was all.

| Mr. ALSPACH; He said there was nothing unusual.

Sort Ma. Lanpy: All we are asking i is the specific org

rather than me general one.

By Tae Co Tr ~ „

Q. When you say there was nothing unusual down

there, what does that take into account? |

A. What do you mean, unusual conditions?

Q. Yes. 5

A. Well, I take on account of that, like the man said,

there was nobody drinking or something out of the way. .

That is ‘what I took it for.

— Q. Aside from the men, was the condition of the tween

deck itself, or the hatch covers in the tween deck—after

all, when dropping in a hundred tons of grain, what would

be the situation with respect to the grain dust and the

grain itself (164) that you would eet on the hatch =n

on the decks !

5 SB.teptes Skalickg, Re. Direct 5 * i

A. Yes, that is a lot of grain and grain dust.

2. Would there be an unusual or de usual amount

when you entered the deck!

A. Well, we go on a ship before they pour grain, there

is grain dust and grain there, but after they start pour-

a ing grain again, and all that dust starts coming. up there

3 af stays on the decks. .

3 : Q. What was the situation “hin you went dawn in the

tween deck this morning? Mat

A. There was a lot of grain dust.

Q. Usual or unusual in amount?

1 A. I. can’t get yom on sox question, what do 188 mean

4 by that?

Mn. Lanpy: 1 am 9 I can not hear his answer.

Batic Si . Tue C Court: He said he could not get me on that

“question.

Tur Wrrnezss: You: mean amount?

Tue Court: Yes.

THE Witness: Oh; I couldn't tell you how much

3 amount nt there was down there, see, but there was grain

a = dust. and grain down there, all over the decks and the

3 hatch covers, but I couldn’t tell you the amount. .

3 Tun Court: Do you want to =e it from there!

50 By Mn. Lanpy:

Q. Was the amount of grain whieh you found — 5 you

came down the first time, that was lying on the decks and

4 on the hatch boards—was that the same amount of grain

— that you would find when you come down into a hold in

“= —~———-which there had been no grain poured? *

A. No, this was a little more. f

Q. Did you give any of your men any orders to re-

move any hatch boards o the tween deck?

A. No, sir. | ee

Q. Do you know of any reason that your men would

___ have had to remove the hatch boards on the tween deck?

“>

e —

864 | "Raymond Horchuck, Direct 8

un Aseracn: i shies. to that, if Your Honor

. — Wars 3 „ ae :

2 Ma, Lanbr: This ea was the foreman of this

40: He ¢ can not read other men s minds

c "Nad out eir reasons, > - 5

. Lanpy: He khows what has ta begdone and

4 they are taking his orders. ;

Tux Covnr: Well, isn’t un cir way of

handling that! He gave no orders to remove od

Were any removed by his men! .

(166) By Tae Covat: ee ese

2. Do you, know whether or nat your men removed

any eo Fo es .

A No, sir „ . erg

By Ma. Laxpi: we 5

O. Before thę-uceident 1 was any of the work

that was being incall g that requi the. — — 1 :

of hatch boards by your men? ? . : ae

MES PS 3 a, air. 00

8 > 89

J (my RAYMOND HORCHUCK,. Neti bein daly, sworn,

was examined and testified as follows: e

Dmror Erro.

y Mz. Lanny:

2. Mr. Horchuck, what.) is your patent

A. Ship 's carpenter: ae y:

U . v : *

And whe were you working for N ovember 16, 19471

A. ‘Working for Haenn .

5 Q. That is the Haenn Ship Ceiling and Refitting Cor-

poration : i *

A. Yes, sir. 5 .

Raymond H orchuck, Direct Na

4 35 Q. Were you aboard on the day when Mr. Hawn

* ° . suffered an accident! mee 1

A. I was. | 3 faa

ia . In whose gang!

es . 10 gang.

* ＋

Q. “When you 555 to No. 4 main deck what was the con-

dition (173) of the hatch covers?

A. They was all on, the pain was al closed up

when we got there. f

Q. What, if anything, did Haenn’ 8 Company men n dot

A. When we got there we lifted the hatches up and

— put the chock in, because it was drizzling; that is, an 8-inch

_~ chock that they use to batten down the hatches, we put that

atch on the hatch so that we could get light and air.

. It was threatenin it looked rainy—it was

like drizzling and raining, and v we don 5 take

that kind of weather.

.. Were there any hatch 3 e trom we

main deck!

A. The only one that was removed, as yon get down

. the ladder that one was turned over at was- + furned over.

Q. That would be forward? :

A. The forward center of the hatch. 2

Q. In the center of it); .

A. That is right. cx | |

Q. And did you go down sien the mer went down?

„A Tdi er

* 9 e :

(1743 N. Wen you got dswn there, the Volnats yee got

dawn there, were the hatch boards off No. 4 tween deckt

A. I don’t remember about the Daiber er! were on

as far as I could see. | :

Q. And what did you step on!

A. The hatches—I stepped on the hatch.

„ 2 Did you see any hatch boarde =

5 1 did not.

080

“4

88 a ze Horchuck, Cross

Q. Did anybody tell you there were any off?

A. No, they didn’t.

Q. What was the condition of the deck and the hatches

at that time?

A. When we got down there, I remember it was dusty, =

like grain thrown around the hatch, and you had to be very

careful.

Q. What does grain do when it is on the deck?

A. It is slippery, you slide on it, and you got to be

careful how you walk on the hatches when grain is on there.

. Did you see any artificial light down there?

A. I remember seeing a small light in the after bulk.

head, like, shining toward us as we were coming down the

ladder.

Q. Was there any other kind of naht —

A. No, that i is all, the only licht was from these hatches

(175) that we propped up.

2. What kind of light did that 3

A. Just about —you could see enough—enough vision

80 that vou eoũld see you . to see one another, that's

ae oO ee Seat

* e ¢

(179) — a Cross-Examixatiox.

By Mr. Aaspact: =

2. Who called you to go in No. 41

A. Steve Skalicky, our hatch boss.

Q. He is boss for the Haenn Ship Ceiling and Resting

Bera

A. Ves, he was the one wk hired me.

Q. During the time you were down in No. 4 tween deck

on the day of the accident, there was no one: except e %

i employees down ‘here?

7 A. As far as I know, ven. 5

(183) Q: At that time before this 1 l hap-

“pened, you didn’t look to see what hatch boards were on on

e entire tween deck space?

Samat Bie

By Mr. Lanpy : *

Salvatore Scialabba, | Direct e 89a

A. No, I didn't. of course, I was working in the

square, under the hatches. |

Q. You can’t say today that they were or were not on

5 when you first went down there, can you! aa

A. That is . 4.

2. As tar as you know, was anyone asked to get any

“+ Jights up?

| (184) A. What was that?

Q. As far as you know, was there anyone asked to get

lights—by the way, the Haenn men were the only ones

down there? UC

A. That is all I remember except Steve Skalicky.

Qe Except Steve Skalicky! 8 i

A. That is all I remember.

Q. You didn't see Steve ask for lights?

A. No, I didn’t see-—I heard him mention about (Tights 2

Q. You heard the other Haenn men ask Steve to get

some more lights? i

A. I remember he asked o one man to get some lights,

that i is all?!

2. Vou don't know what Aab ed after that!

A. No, I don't; 1 don t know if he at the lights or

e 1 * ie

(186) SALVATORE SCIALABBA, baving | ‘been aul |

aworn, was examined and testified as follows:

Dimer Exammarion.

Q. Mr. Scialabba, hst is s your ocenpation? ?

(187 ) A. Ship carperder. a

Q. How long have you been ship carpenter?

A. Six or seven ars.

Q. Who do you work for?

A. George Haenn. *

2. Did e798 work for him on November 16, 10077

iv? 7

90a f Salvatore Scialabba, Direct

A. Yes.

Q. Were you aboard the vessel when Captain Hawn

was hurt? : | ?

A. Yes.

Q. Whos gang, were you inf

A. Steve. / a

Q. That is Steve Skalicky?

e. Steve e ee

* “ @

(188) Q. When you a to No. 4, what was the condition of

~ the main deck hatch cover? '

A. They were covered with Alpen

Q. What, if anything, did Haenn Company men dot

A. We had to pull the een 5 and raise the

hatch on end. :

Q. How did you raise it?

A. Put a wedge underneath the board.

. How many boards did you so wedge? ie

A. Two of them, one on each side. 2 2

One on each side?

„

Take out any boards)

Just one, and turned it across the other.

That would be the forward end!

. In the middle of the ship.

And did you go into No. 4?

es.

(189) 0 Down the ladder at the forward end?

A. Ves?

Q. What did you step on when you got to the foot of

the ladder r-

A. The deck, the ‘atoel deck. : 3

2. And how many os did you take before you get to

the hatch board?

| X One or two more, and you are on the hatch ‘covers.

, Q. Were the hatch boards on the tween deck on or off

when you got there?

dil

\ ?

eier,

Salvatore Scialabba, Direct 91a

A. re far as I could see, they were on.

Q. Did anybody tell you that any were off 1

A. No.

Q. Did you see any off ies see

A. No.

Q. What was the condition of the deck and ine hatch

boards?

A. Biigpery, with grain and grain dust.

Den was the condition of the lighting there? .

de wa there any artificial Wee down there? |

3 Vo, sir. oe

1 .

(191) Q. Did vou see Ceptain 1 .

A. No.

Q. What was the first von knew of the accident?

A. I heard somebody say, Cap fell down the hold“.

Q. Do you know what time elapsed between the time

you heard. him talking to Horchuck about the cleat 28 the

time you heard him falling?

A. I don't think it was more than two minutes. f

Q. What, if ‘anything, did you do as soon as you heard

that?

A. 1 went to look to see where he could have fell.

2. And did you _ him

A. Ves, sir.

L. And where did you find kim ae

1 A. In the opening in the second centers of the shifting

ard.

( (192) Q. When you say the second centers, is that the sec-

tion closest t o the 1 Teeder 7 ,

“fhe es next to it.

{ © oe: *

2. From the time gon were down in a We. 4 tween deck,

from the time you first went down until the accident, did

you see any of the Haenn Company t touch any hatch boards?

(198) A. No, air.

(194) A. From ohat little light ¥ we e had.

25 y

92a Salvatore Scialadba, ( Cross

Onoag- ~EXAMINATION. 25

57 1 Mn. Alsrack: |

Q. During the time you were in the No. 4 tween deck

on the day of the aceident, was there anyone except the

Haenn Ship Ceiling and Refitting Corporation there?

A. That is right.

Lou took your ere the Steve Skalicky?

A. Les.

Q. After you realized that{Captain Hawn had had an

accident, how far were you standing from the hold where

the hatch board was out?

A. I would say about four feet. }

Q. There was no doubt in your mind that you's saw that

one hatch board missing?

A. Yes, sir.

Q. And then you actually looked down Wb that

opening to the lower hold?

A. That is righgjlt.

Q. And you saw Captain Haun down there?

A. Yes, sir. =!

Q. Where did the light e. come from by which you coul

see that? :

Q. What little light you had?

A. Yes.

Q. That is about 24 feet below the level of the tween

deck?

A. That is right.

Q. And you could see Mr. Hawn down there?

A. Les, sir.

Q. Would you say for 1 that all of the tween

deck hatch boards were in place when you first went in —

A. No.

; George E. Toner, Direct : 93a

(280) GEORGE E. TON ER, having been duly sworn, was

examined and testified as follows: .

Dmaor Exaurxarion.

° * *

(281) By Mz. Laxpy: 3

Q. Mr. Toner, what is your occupation? 2

A. Stevedoring supervisor.

Q. By whom are you now employed

e. A. I am not employed at present.

Q. How long have you heen a supervising ee

keene

A. Over forty years. a

. Were you in court, Mr. Toner, when Mr. Joseph

Budd, the stevedore foreman, testified last week?

A. Yes, sir, I was. |

2 Lou heard his entire testimony ’

A. Yes, I did. fa

Q. Will you tell us what the duties of a supervising 8

foreman are, Mr. Toner? ‘

A. Well, to be in ‘attendance on the ship at all times

while she is loading, to lay out her cargo, and to see that

the various steps are carried out to load the ship efficiently,

so that she is fully loaded i in a e manner to proceed

to her destination. 3

(283) Q. In that connection does your work encompass the

loading of grain ships?

A. Have vou yourself personally atten

Brain ships 7 .

A. Les, sir. d RS

8 . In the Port of Philadelphia: .

A. Well, quite a number.

Q. Mr. Toner, in your experience, that is, from your

experience as a supervising stevedoring fore

Rina se! —

ved George E. Toner, Direct

me od-which Mr. Budd testified that he used to strip the

main deck hatch covers of number 4 on November 16, 1947,

ely, the (284) taking off of the center hatch boards

| directly over the feeder, and two rows on each side, making

five rows running from port to starboard, and four rows

of hatch boards running from the after end of the hatch to

0 forward at OY A ee, oe ee

Renn ts of the feeder,

na diy n it was

cloudy and threatening—is that the normal and proper

= of stripping that hatch for the purpose of loading

grain?

E A. Yes, it was, for the purpose of loading grain, to

i | afford any protection, or as much protection as possible

5 Fr

Re Q. You also heard, or did you hear, Mr. Toner, that

Ur. Budd testi FFT

limits of the 1

A. Yes, et :

Was that a normal and proper procedure?

“A. Yes, sir, wherever possible you try to afford as

much protection as you can wher. the weather is threaten-

ing.

. What sell be the este fee removing Wal ro

of hatch boards beyond the limits of the feeder? =

A. Well, at all times you can’t get the grain all in the

feeder, I mean there are obstructions. First, the center

line shifting boards in the feeder are an obstruction, and

if the (285) pipe which is usually placed over the hatch.

continues to run grain steadily there is some spillage, the

grain is lively, and when it hits the board it will bounce.

That affords the grain more protection by giving it access

into the tween deck, to keep it off the main decks, because

when it hits the main deck, when it is wet, it is spoiled.

Q. From your experience, Mr. Toner, as a supervising

stevedoring foreman, when the stevedores who have been

loeding grain are given orders to knock off loading and.

or anything else?

By Ma Larpr:

tion ?

- Theodore Knopf, Direct 956

oover up hatches, because work—some kind of work is to

be performed in that hold—is it the normal, customary |

procedure then for the stevedores to do anything in con-

nection with the cleaning of the tween deck, or lower deck,

A. No.

(288) THEODORE KNOPF, havi been 4 sworn, was

examined and testified as follows:

Dunor Examimati N.

. Mr. Knopf, what is your occupation f

A. General superintendent, Hasna Ship Ceiling & Re.

‘fitting Corporation.

. How long have you been general superintendent?

A. Ten or twelve

Q. eae wee eee in connection with that N.

A. The operation of the firm. :

Are you acquainted with the custom and procedure

of (289) ship’s carpentere—— ‘

A. Tes, sir.

Q. —in connection with their work aboard —

A. Yes, r.

Q. Mr. Knopf, in your experience, . or from your ex-

‘perienes: 1 is it the obligation or duty of ship’s carpenters

who come aboard the vessel, before they engage in any

Vork ia a particular huid, that they clap that hold?

„A. No, we are not e are only carpenters. 5

Q. Mr. Knopf, also from your experience, do ship’s

| carpenters bring lights aboard with thom as part of their

regular’ equipment?

A. No, they usually get them always off the ship.

Mx. Laspy: Cross-examine.

— . “na ete hy

2 by

—— —

9 j|§. Theodore Taopf, Cross

1 e eee

‘Dy Ma: dase: N

2. Mr. Knopf, in connection with the farushing of

lights, do you have any lights of your own? tate at )

A. No, we don’t have them. 5

. When yon get them where do you get them? I mean :

if you as the t tractor want lights, do you have ee

of supply ou can get them

as A. If we Want them we can always borrow them.

Q. From where? a

(290) A. — outfits or leaning outfits in Phila-

3 delphia. a)

| Q. Now, very Nee the e go aboard the

‘ship before the cleaners have been aboard, don’t they? _

A. That is right.

Qa. Therefore, carpenters regularly and customa y

aboard grain ships that ata not 955 vet heen e isn’t |

Tun Courr: Sustained.® 9

By Mn, Alarach: :

Q. Haye you been on a great number of grain ships,

— Ar. Knopf ?

A. Oh, hundreds and hundreds of them.

Q. Grain ships by and large have a lot of grain dust

lying around, don’t 8

A. All the time. f

"Charles Hawn, Direct 97a

ie ( 291) CHARLES HAWN, Having been duly sworn, was

examined aid testified as follows:

N Dect Eamon.

By Mn Lr: „„

Q You are the plaintiff i in this case, Mr. Hawn 7

(292) A. Yes, sir. 5

Q. How old are b you, „ Mr. Hawn! fi

A. I am 58. ee. si

0 What i is your ‘occupation? —

A. Ship carpenter.

Q. How long have you been a ship carpenter?

A. Ever since I have been 17.

Q. On November 16, 1947, were you employed as a

ship’s carpenter?

7 By George H Haenn. a

Q. That is the Haenn Ship Ceiling & Refitting Cor-

poration?

A. Haenn Ship Ceiling & Refitting Corporation

(293) Q. How long were you employed by them?

» For about seven years. g

* * *

Q. es vou recall November 16, 145. Mr. Hawn?

A. Yes, sir.

Q. What time did vou go ta wank that dav?

A. Well, we first started at 7:30 at pier 98.

(294) C. Where did you go to work!

A. Girard Point.

. Did you work aboard a vessel!

A. Yes, sir,

~~ Q. What was the name of the ship?

A. The John Dickinson.“

22 9 RAI a DA a 9 i ey NOS oot Re Penni

2 '

——— ————ů ä ——— . AAT Be

32 wen

—— — k

— RP are

‘

ee ee

. Whoishet . . |

that day?

downy

98a 3 Charles Hown, Direct

Q. Were you a foreman that 4%

A. Tes, sir.

Q. How many men in your gangt

A. I believe there was six.

; e 0 .

Q. From whom did you get your orders that day?

A. From Freddie Knopf.

A. He is the superintendent of the job.

(295) Q. An employee of the Haenn Company?

A. Yes, sir.

Q. What time did you go board the ‘‘ John Dickinson“

About eight o’clock i the morning.

Q. What was the condition of weather when you went

to work

A. Well, it wasn't—it / was just like a mist in the air,

it had been raining earlier in the morning.

Qi. Where did you we. work first on bard the John

Dickinson“ 7 a

A. Number 3 ha :

0. What did you there? |

A. Well, we cut out corners of the ae and 1 we

lowered the shifting nk, and made them solid.

Tu masons You cut out oe feeder and you

lowered 8

Tue Wrrneas: Yes, sir, there is a space in 8 '

the shifting plank that was made for grain, for bag-

ging, and we made it solid for oats.

Q. How long did you one in number 3 hatch?

7 . I guess around until half past two, quarter to three.

Q. Then what happened, if ———

A. My boss called me up. 7

(296) Q. When you say your boss, you mean n MF. Kier 7

- Charles Hawn, | Directs 5 99%

A. Mr. Knopf, yes, he called me up and asked 1 me to

{take a few men and give him a and i in number 4 hatch.

dr Q. What did you do ther?

A. I called four men up and then we went back aft in

number 4 hatch. :

dent How did you go back to number 4, across the main

a — —

A. Tes sir.

€

4 '

4 Q. Mr. Hawn, sae you 5

number 4 were you able to observe the condition of the

main deck hatch covers at number 47

(297) A. Yes, sir. \ Nes”

Q. Will you describe it lor us, please.

A. Well, they had a few up on the end like that (indi-

cating), they were wedged, there was an eight-inch wedge

under them, I think two on each side.

Q. When you say ‘on each side“ do you mean Pert

and starboard / |

A. Two on the port and two on the starboard side.

Q. Did you see any hatch boards off?

A: I think there was one or two off at the ladder. I

am not sure, :

Q. Did you go down in the number 4 tween deck?

A. Ves, air.

Q. How did you do that?

A. I went down through the escape hatch.

Q. Where is that located?

A. That is located at the lower end of the nber 4.

the after part.

e 3 0 3

a (300) Q. When you par down onto the number 4 tween

= deck what was the condition of light? /

A. Well, there was no light there, aft you couldn't see

a 3 _— that ladder was, you couldn t see

—

-.100a Charles Hawn, Direct |

Q. What was the condition of the deck?

A. Well, the deck forward was full of grain and dust—

grain and grain dust. |

Q. What kind of a footing did that 19 855 you?

A. Oh, very poor.

Q. What did you do as soon as you got down into

number 4 tween deck?

(301) A. Well, I started two men on the after beet the

starboard side, cutting the corner, and putting the wing

shifting boards—— ,

| . On what side? | ; 7 — 1

A. On the port side. 3

Q. Is that the inshore side?

A. Inshore, that is the port side. >

Q. Is that the side on which the escape hatch opens *

A. Ves, sir.

Q. You started two men working on the port —

is that right? .

A. That is right. APC:

Q. Then what did you do?

A. Then I went forward.

Q. And how did you go forward, alongside the feeder? :

A. Well, up alongside the feeder, and I stopped and

talked to the foreman that was previously working in the

hatch.

Q. Is that Mr. Skalicky?

A. Les. ,

Q. Steve?

A. Ves. |

2. And then what did 3 you —:

A. Well, I asked him what had to be done.

- He said you can look aroand and see what has to (302)

15 Psa 8

So I. took another man and-went around on the other |

side, on the starboard side. :

| . How did you get from the port side forward of the

‘tween deck to the starboard side forward of the tween

deck? : —

| \

Charles Hawn, Direct 101a

j od

A. Well, they have a manhole in the shifting plank.

— When vou say ty manhele’’ what do you mean?

A. Well, it is an opening in the plank (indicating),

about maybe 30, 35 inches wide, and about, well, close to

three foot high. : 8

. Where does that — come ‘out with respect and

with relation to the ladder, and\to the hatches of number 4

A. It comes right up to the forward end.

Q. The forward end of what?

A. The forward end of your hatch coaming.

2. The forward end of the hatch coaming?

A. Yes. :

Q. Is the manhole. on the hatches? | : |

A. Well, it was partly on the hatches and partly on

. the steel.

Q. Did you walk through that manhole?

A. Yes. |

Q. Did you have to walk over hatches to walk through

that-manhole?

A. Yes, sir. 7

(303) Q. Were the hatches on or off when vou went

through? . J

A. Well, the hatches. were on.

. What did you do when you got We over on

the starboard side?

A. I took a mar over to see if the other corner was

cut out, and it had been already started, and was pretty

well eut out when I got there. Then I started a man on n the

tween deck shifting plank.

Q. Then what did you do? :

‘ A. Theis 1 Nine ar und buck—1 Ce for wald again

and went. right through the saine manhole again.

2. The same way you had gone through the first time?

A. Yes, sir.

Q. Now tell us what happened after you came through

* manhole.

ee Charles Hawn, Direct —

A. %%% ides ahs, 1 ts alg

S e steps and I beard a man driving a sell; and I

. to look up and I seen he was putting a cleat on.

; Q. Let me ask you this, where were you at that par-

tidular moment? : |

A. Iwas standing on the hatch covers.

. On the forward end? / |

A. On the forward end, yes. ze:

Q. Do you know how many rows of hatch o covers thore

were (304) forward of the feeder? N

A. Ithink two rows. ;

Q: And which row were you standing on?

A. On the first row. a | |

og, That would be, the one : closest to 0 the forward coam-'

ing?

A. Right up age 3 the forward coaming. date

. Yon said that you took two or three steps out of

the manhole? ? ae

A. You, sir,

Q. You were now on the port side of the stage

Q. All right, now continue. You told us that you saw

or heard a man nailing a cleat. C

A. Les, sir. Bee

Q. Who was that man? gee a

A. A fellow by the name of Horehuck. ,

Q. Go ahead. — a

A. I seen him put that leat up, and 1 paid to him:

Ray, you are putting that cleat up wrong, turn it around. ae

____And-he-hellered-to me, all right. He had his. back

toward me. He said: I will turn it. And then L went to

turn around, and I slipped and fell, and that is all I know.

oo When’ you say, you went to turn around, what do-

tM, foe 8

were Well, I was ‘going to turn around, to to look around

the ship (305) and see what had to be done e yet.

Q. Did you take any steps

A. a sir. Pea

2. What did you 852 om, if you know?

Charles Hown, Direct 1030

Grain.

How do you 83 it was grain?

A. Well, you can feel grain under your feet.

33 you remember sliding across ~ hatch boards?

A. No, sir See,

Q. The last thing you remember is just clipping?

A Yea; sir.

Q. What is the next thing you remember?

A. Well, when I was in the hospital going up in the

elevator,

Q. Mr. Hawn, ee much time elapsed from the time

vou came down into number 4 tween deck and the time of

your accident?

A. No more than three to five minute 8.

Q. Did anybody tell you before you went down that

“there were any hatch boards missing out of the number 4

~ tween deck?

Bits A. No, sir. ‘

o anybody tell you at any time ‘that you were

down there that there were any 88885 boards missing?

A. No, sir.

O. When you went for the first time from the port

: aide of the ship to the starboard Bide of the ship through

„the manhole, (306) what section of Aran? covers did you

walk on then? SNe

AI left the foreman

Q. No, all I am asking you is what suction of the hatch

covers did you walk on as you went 1 the manhole.

A. The very first seotion. 3

Q. Would that be the forward —

A. Yes, sir. ‘ :

Q. The same section on which you were standing when

the accident happened?

Ve ede

2 * Charles Hawn, Cross :

And when you came through the manhole what

section. were. you, walking on, 1 mean from the starboard

back to the port.

A. On the;first section. 7

Q. Incidenfally, Mr. Hawn, what is the distapbe he:

tween the tween deck and the lower hold?! —

A. Well, from the top of the beam to the deck it ‘would

drun about 25 feet 6 inches.

Q. Incidentally, what is the distance between the main

dink of number 4 and the tween deck

A. Well, that would ran about 12 feet from hatch to

hatch.

- Q. What Was the condition of light at the forward end

on the number 4 tween deck!!!

A. Well, that was very poor. ö |

; . e * 3

(318) ‘Cross-ExaMINAaTION.

By Mn. Alsrack:

2. Mr. Hawn, did vou say that you started to work at |

number 3 hatch when you came aboard the ship?

A. Yes, sir.

Q. You were boss there?

A. Ves, sir.

Q. And your race boss was Freddie opt, he was

the ship boss, wasn’t A af

(319) A. That is rig . 5

Q. When you went to number 3 hatch what was the

condition of the main deck hatch boards there?

A. They were all on, the tarpaulins battened down.

Q. Did you give your men anv instructions what. to

do with those hatch boards? 2

A. Yes, sir.

Q. What did you have. diem dot

A. I told them to turn the tarpaulins back and lift

every other hatch off and lay on top of the one that is on.

Q. What was your purpose in telling them to do that?

* 4 i

ey Loa ee —

hee AP LOSS: RS SREP POs ek ee oe

—

them do that?

Charles Hawn, Cross 105

A. Well, so you could get light.

Q. About how N hatch hoards were these in each

| strip?

A. Well, I don t know. There may be eight, some -

times there are nine.

Q. Either eight or nine?

A. Either eight or nine, yes.

Q. And those hatch boards are of what dimension, each

natch board !

A. Well, they run about thirty inches wide, and five

feet long.

Q. And then you had your men place one hatch board

on top of its neighbor, right across that strip, didn’t you?.

A. That is right, yes.

(320) Q. On how many strips of hatch boards did you have

A. One section. :

Q. And was that the 8 section? = -

A. The forward section, yes. 3

Q. Was your work = to be particularly i in the for-

ward section! f .

A. Les.

Q. Did you 3 go down to the number 3 and

do some work there? | eee

A. Yes, sir. 7 :

Q. Were you working in the forward section?

3 was working in the forward section, yes.

0 * » : .

(321) Q. While you were working at number 3 you did not

get any 1 rain on you, did yout.

A. No, wiry it was misty, but it wasn’t raining hard

enough that you had to close right up tight. -

Q. Who was it pres 155. that you had to go back f to

5 number 47

A. Freddie 5 our foreman.

- A ane Charles Hows, Cross.

O. And after you went down the escape = beak in num-

der 4——-which by the way is at the after end, i isn 't it

A. Les.

Q. Now, isn’t this a fact, Mr. awk, that on the after

end you can’t get any daylight 8885 the hatch ere,

can ou

A. No, sir. .

Q. The feeder box in : the aie end takes up p the whole

hatch square, doesn’t it? .

A. Not the whole hatch square, all 25 the exception

of a couple of beams.

O. f am speaking of the after end.

A. The after end, yes. :

(322) C. The after end goes right up to the feeder in theref

A. Yes, sir.

Q. And the sides go oP to the 1 15

A. Les, sir.

Q. Therefore, when you are e down i in the after. end all :

you have above is a solid steel deck, isn’t it

A. Yes, sir.

Q. Now, in the 8 end, in the forward end. of the

- feeder box, how. many rows of hatch covers are there on

the main deck forward of the feeder box?

A. I believe there were either two or three sections of

hatchs on top, I am not sure.

Q. Those are eased above the tween deck hatch,

aren't they!

A. Yes, sir. 3

* 3 9

(323) Q. Where was: Hertie vorking?

A. Wen, I ihoughi ai ihe iime—I said before thai ne

was working in the forward end of the ship underneath the

deck, but IJ heard him testify here that he was underneath

—out in the hatch up against the hatch feeder.

(324) Q. Are you certain now where Horchuck was 7

A. Well, to the best of my recollection he was oy % .

neath the deck.

1 r n

. ͤ ˙· ³ wü U ‚²̃⁵ W ͤm᷑— ¼ẽůùàqñ

long

Charles Hawn, Cross o

„He was underneath the deck?

A. Yes.

2. In other wards, he was forward of the hatch then,

is that right? 3

;

Yes, .

Mew, yo you looked i in | Horchuck 8 direction, is that it?

Yes, sir.

ae Was it his hammering that directed your attention?

A. Yes, sir.

Wat was it that he was nailing?

A. He was nailing a cleat on.

Q. And how big was that cleat? : 4

A. Well, the general run of cleats, that i is, for shoring,

_ «A

that is about eight inches.

2 Eight by what?

4. Two by eight by four. =

Q. Do you mean a piece of two by four eight 3

A. A piece of plank cut off, a ten- inch plank, they out

them off and split them down. They generally cut them

about (325) ten inches, long. 5 .

Q. What would be the overall e. oe

JJ... 8

Q. ‘Ten by two by four?

A. Tes, sir.

»@. And did you say that you | saw oe oad was patting

that cleat on the wrong way?

A. Yes, sir.

— r 5

. Not very far, 8 ot feet.

_ Q.-Abont eight feett os 2 7

A. Tes, air. |

you were, wasn’t it?

VV 3

0 5 Y

Q. And it was darker where + Horak was a where

ee oe

— — the Se AABN — 9. — — . EN

5 16275 A. I went to turn around.

= Charles Hawn, Cross

Qi believe | you said that yon turned on your. “aude is

that right? | 3

A. Yes, sir. 3

Q. You just pivoted? :

A. Just went to turn around. N f

Q. Did you say once that you bad an awful habit of

turning on your heel?

A. I had. I did. Was

2. What caused you to say that it was an awful habit?

(326) A. Well, you see, when you work ‘long on ships, if

a man hollers, so you leok out, and turn quick; you gen-

erally turn on your heel, or on the sole of your foot, you

make a quick turn to see what is happening.

2. And was that what you did on this day? ee

A. Yes, I just turned around on one foot. I don’t

know which one, but I turned around on one,foot;

_Q. And when you turned around you were going to go

in the opposite direction from where Horchuck was?

A. My intention was, when I was on the other side,

was to go back aft on the port side, and when I stopped

I talked to Horchuck about the cleat.

2. But in any event you were facing Horchuck and

then you turned around in the e . isn’t

that right!? arate

A. Tee i 2 5

Ma. Lanny: Not the ee direction.

MIX. Alsrach: He just said, yes.

By Mr. Alsracn: ;

Q. That is what Tam trying to get at, Mr. Hawn, you

ers facing Morabuck?

A. He had his back toward me. N

Q. You were looking toward his back?

A. Yes, sir.

And then you went to turn around!

vine

a And it was after that that you said you slipped?

| Charles Hawn, Cross i 109 |

A. Yes, sir. | |

Q. Now, where you were standing you could see the

batch covers, couldn’t your 5

A. I could see the one I was on. 5

w far away were you from the centerline of

X That I couldn't tell you.

. Lon haven't any present recollection at all?

A. No, just as far as you could take two or three

steps, that is all. .

Ho far away were you from the ladder that comes

down the forward end? / „„

A. Well, that I don’t know-either. The ladder comes

down on part of the steel deck, it comes down on the

- steel deck alongside the tanks. 3 1 2

O Does the ladder come down right about where the

A. Tes, air.

Q. The centerline? „

A. Les, sir, right alongside of it.

Q. I believe you said that there were two hatch boards

off at the forward ladder, that is right, isn’t it :

(328) A. I didn’t say two, I said there migh have been

one or two, I don’t know for sure. ä a

MI. Lanbr: Are you speaking of the main deck.

Mr. Alspach? Tie :

— Mp, Arspacn: Yes, that is right. Yes, I am re-

ferring to the main deck now. .

Tun Wrreess: Yes, I know.

By Mn. Aran: 5

; Q. And the main deck then was about how high above

your head, Mr. Hawn? .

A. Well, from the hatch cover I was standing up to

the next batch cover would be about twelve feet. 3

Q. Before you went to turn around you did not look

to see what was behind you, did you? 7 \

: : | ™ . ’ 3 a es | . ' 4

: 1108 = 1 Charles Hawn, Cross

} 5 A. No, I was just looking at Horchuck. When I came

out of the manhole I looked at Horchuck.

And then you turned around?

A. Yes, sir.

@: Bat you didnt lok betore you unc around, i

yout |

A. No, sir. eee 5

0 °

(332) Q. When 5 left number 3 hatch, whine you 000

„ee

hatch covers that you had there?

A. No, sir. a

Q You Jun et them. ee ow on top of its

neighbor

Q. ‘And at pamber 8 thoes hatch boards that were off

in that manner gave you plenty of light in the forward

part of the hatch square, didn’t they? |

; A. Yes, sir, that is a small hatch.

Tes. There were two strips think weren 1 wag 3

2 forward of the feeder box in the

A. No, I think

Q. In

openings, weren’t you?

A. Yes, sir. .

Q. And those openings gave yen rer of light there? /

(333) A. Yes, sir. gar ies F

\ * * *

By Mn. Mount: 75

. * e * .

(334) Had you been on grain ships before?

A. Yes, sir; n of them. Se

* 0 *

(64ʃ Q. You say it was overcast and ses this bei is

that right ?

\ \

Charles 3 90 5 “Lila

: Sei Yes, sir. , eee

bc e. Have you worked 5 shipe in similar weather

before? |

AY oy

vec it cms

A. Yes, air, that is, if you can’t get no artificial light.

— it

A . 3

Q. But you Sas ee gates?

„ eee walking,

e ee off in the tween deck

ou came through the-anholet = =—s

A. No, sir. f Vid:

By Ma. Alaraon:

(345). i Mr. Hawn, can I ask you one more question,

eee

1128 es Charles Hawn, Re-Direct . .

Q. An 8 I think, the four corners, which are a

little bit different, aren’t they?

A. Tea, they are rounded.

. ee standard

size, that is correct, isn’t it? :

A. Yes, sir.

Q. And the tween deck and the main pers hateh bards

are of the same size, aren’t they?

A. Yes, sir.

Bz-Dmect Examination.

By Mr. ‘npr: Sa 9 5

. QQ * — 2

4130346) C. One * question, Mr. Hawn.

A. Yes.

Q. The amount of grain which you found on 1 the deck

and the hatch boards of the John Dickinson’’ on Nov-

ember 16, 1947, was that ‘amount the general amount of

grain you find on a grain ship that you worked on- prior

to that time, or any grain ship that you worked on prior :

to that time

A. No, sir.

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