I saw him falling, and saw Mr. Geary go over and pick him up in his arms; just had him up when I got out of the ladder and went over, and he turned to me and said: Pat, I am killed; take me home." Q. Who said this? A. Mr. Masterson; we took him down to the hospital. Q. Did you see the wrench? A. The wrench was there; I saw it come on to his head. Q. His head was bleeding? A. Yes, sir. Q. What was his condition? A. Very low; he did not speak; the time I went to him he turned over and said: "Pat, I am killed; take me home." Q. After that? A. After that I disremember whether he spoke or not. Q. Was he insensible? A. He was insensible part of the time. Q. Did you know Forrester? A. I know him by sight, not by name. JOHN GEARY, called for claimant, sworn : By Mr. PADDOCK: Q. You worked on the New Capitol in November, 1874? A. Yes, sir. Q. Did you see this occurrence that has been narrated by the witnesses Hogan and Forrester? A. Yes, sir. Q. State what you know about it? A. Well, I was a hod-carrier; the mortar is made in large boxes, something about ten feet long and four feet wide; we were in the act of filling our hods with cement, when we heard some one halloo and we looked and saw a man fall: we laid him down on a bed of sand; he spoke to Hogan; said he was dead; three of us took him down to the office, and from there down to the hospital, on a stretcher; we thought he was going to die in the office; we gave him some cold water to see if he would speak, but he could not. Q. Did you see the wrench strike him? A. We saw the wrench lying along side of him the time it fell. Q. Do you recollect what time this was in November? A. I don't recollect exactly. Q. Did the wrench lay as if it might have been the thing that struck him? A. Of course it was the wrench that struck him. By the ATTORNEY-GENERAL: Q. Did you know Mr. Forrester, the man who dropped the wrench? A. I was slightly acquainted with the man; I did not see it the time it dropped. Q. What sort of a man was he? A. I can say nothing agin the man, sir. Q. You had gone to the hospital before Mr. Forrester came down? A. I did not see Forrester. PATRICK MASTERSON, the claimant, sworn: By Mr. PADDOCK: Q. You are the claimant in the matter? A. Yes, sir. Q. Do you remember the time you were injured? A. I was injured on the 7th of November, 1874. Q. How did it happen? A. I was working in the mortar and stooped over; I was working away and my head down when the thing slipped and struck me; I hallooed to the boys I was killed, so they came and told some of the bosses and I was brought down to the hospital; I spoke something to Mr. Hogan and that was all the word I spoke. Q. How long were you in the hospital? A. I was there thirteen or fourteen weeks. Q. What was the pay you was getting? A. Two dollars a day. Q. Have you a family? A. I have a wife. Q. Is she blind? A. Yes, she is stone blind. Q. Have you been able to do any hard work since the accident! A. Not as I used to; Dr. Armsby told me that I never would be able to do the same. By the SECRETARY OF STATE: Q. How old are you? A. I am forty-one years in Albany; I came here in '36. Q. How old were you when you came here? A. I was twenty-four years of age; I am going on my sixty-sixth year. Q. What was your condition before you were injured? A. Nothing. Q. Were you able to do any thing? A. Any work I was put to I was able to do. By the ATTORNEY-GENERAL: Q. Did you have any allowance from the Capitol Commissioners? A. No, sir. Q. You did not get any thing? A. No, sir. At a meeting of the State Board of Audit, held at the office of the Secretary of State, the January term in the year 1877. Present John Bigelow, Secretary of State; Frederic P. Olcott, Comptroller; Charles N. Ross, Treasurer, Board. Charles S. Fairchild, Attorney-General. (No. 4.) In the claim of JAMES F. JOHNSON against THE STATE OF NEW YORK. Claim for injury received while working on the New Capitol. Amount claimed not stated. John Sands, Joseph Greagan, Andrew Murphy, witnesses on the part of the claimant, and James F. Johnson, the claimant, having been severally sworn and examined, and the Attorney-General, for the State, having been heard, it is ordered that this claim be disallowed. CLAIMANT'S STATEMENT. CITY AND COUNTY OF ALBANY, ss.: James F. Johnson, being duly sworn, doth depose and say that on the 4th day of September, 1875, he was employed on the New Capitol in the capacity of a "helper," and that in such capacity, and in the performance of his duty, and while under the control of the foreman he sustained an injury by reason of the breaking of a certain steel bar which he was using, in consequence of which it was necessary to amputate his right leg; that in consequence thereof he has been laid up, and been unable to work since the said accident. Wherefore, the petitioner prays your honorable board for such relief as may be equitable. Sworn to before me this 8th JAMES F. JOHNSON. day of July, 1876. W. H. TERRELL, Notary Public. STATE BOARD OF AUDIT, OFFICE OF THE SECRETARY OF STATE, ALBANY, January 10, 1877. Testimony. In the claim of JAMES F. JOHNSON against THE STATE OF NEW York. Present John Bigelow, Secretary of State; Frederic P. Olcott, Comptroller; Charles N. Ross, Treasurer, Board. Charles S. Fairchild, Attorney-General. Mr. Johnson having stated his claim, substantially as set forth in his petition, the following witnesses were examined: JOHN SANDS, called for claimant, sworn: Examination by the SECRETARY OF STATE: Q. What do you know about the claim of Mr. Johnson for an accident that happened on the New Capitol while he was there? A. He got a leg taken off while in the employment of the State; he was working the gang I had charge of. Q. You were the foreman of the gang? A. Yes, sir. Q. How did he have his leg taken off? A. Accidentally; we were turning a stone; it was a long flat stone- it may be five feet high; it stood on the edge - a very narrow edge, six or seven inches; this man, Johnson, and another man were behind the stone, taking their position; had their bars under the stone; it wiggled back; they were on one side and I was on the side opposite, where the stone was to come over on the wooden horses; they were to take their position so as to throw the stone over on to the horses; it wiggled over the other way, and this man got caught; I held on to the stone; he held on too, but there was another stone behind him. and the stone caught him between the other stone; he held on to the bar all the time, and I believe if it had been an iron bar his leg would not have been broken. JOSEPH GREGAN, called for the claimant, sworn: By the SECRETARY OF STATE: Q. Were you in the gang at the time his leg was broken? A. Yes, sir. Q. What were the circumstances? A. We were to turn up a stone standing on its edge; the stone came breast high; we were to run it over on the horses; Mr. Sands got his horses to throw the stone over; we got our bars in; the other man did not get his bar in; when the stone turned toward us, me and the other man got away and Johnson got ketched; there was a stone behind Johnson and he could not get away. Q. Who was to blame? A. It was purely accidental; he was on the end and could have got away as easy as we could, but the stone prevented him. Q. Do you know any thing about the bar that was used? A. We always used steel bars. Q. Do you know any thing about the bar that was in Johnson's hands? A. Nothing more than it was a steel bar. Q. You don't know whether it was broken or injured by the accident? A. It was broken by the fall of the stone. Q. Broken more than in one place? A. Broken in two places; I think there was three places. By the ATTORNEY-GENERAL: Q. This stone you had got up, had you? A. No, sir. Q. What position was the stone in? A. On its edge. Q. It balanced itself? A. Yes, sir; the stonecutter was kind of steadying it. Q. What were you going to do with the bars? A. When you go to put it on the horses, you put the bars under the stone in that position [indicating] and lift it up. Q. What were you doing with the bars when the stone fell over? A. We were lifting it; and, instead of going over on to the horses, it tipped towards us. Q. What were you doing with your bars? A. I had my bar in waiting for the rest of the men to get ready. Q. What did you do with your bar? A. I don't know whether the bar dropped out of my hand; when I saw the stone falling I stepped out of the way. Q. Were you on your knees? A. I was this way [witness assumed a stooping position]. Q. How long were these bars? A. About five feet. Q. How long have you worked there? A. Five years. Q. How many of these bars are used there? A. There is twentyone in the stone shed. Q. How many of them have been broken? know; I never saw one work like that before. A. Well, I don't Q. Did you regard them as dangerous to use? A. No, sir. Q. How much of the time, since you have been there, have you used these bars? A. Used them all the time. Q. Did you ever have any break with you? A. Me and another man were lifting a stone; the bar was weak and worn down, and it snapped. Mr. SANDS recalled: By the ATTORNEY-GENERAL: flaw Q. What do you know about the bars? A. Well, this bar that this man was using, I never heard him complain there was any in it; I don't know much about steel or iron. Q. How many of these bars have been broken up there? A. To the best of my knowledge, I think I saw a bar broke, with two or three men lifting, four or five years ago. Q. How many since you have been there? A. A couple. the building since it commenced. sir. A. I have been on Q. You have heard of two of these bars being broken? A. Yes, Q. Where are they kept? A. They have a tool-chest; there is a property man there who keeps a memorandum of the tools. Q. Did you see the bar after the accident? A. I saw it right away, at least I saw one piece; I heard them say it was broke in two pieces; I only saw one piece. Q. Was he holding the stone with his hands or the bar? A. With the bar; he could not hold it with his hands. Q. Could he have held this stone if the bar had broken? A. I did not hear him squeal until the bar broke and the stone came on to him, but I rather think a portion of the stone that fell came on to the other stone and did not come on to him; to the best of my opinion, if it had not been for the bar breaking the leg would not have been broken. Q. How long had he been at work there? A. It was a year ago last summer; he worked there the winter before; I don't know whether he worked a year or not. By the COMPTROLLER: Q. Did this bar break by the weight he put on it? A. The weight of the stone broke the bar; he could have got away if it was not for the stone behind him. Q. There was no strain on the bar before the stone began to fall? A. No sir. Q. What made the bar break? A. The falling of the stone. By Mr. JOHNSON : Q. Don't you remember me having a piece of the bar in when they found me? A. I heard so. my hand |