102 101 100 Frank H. Bidwell, for plaintiff, direct. FRANK H. BIDWELL, the plaintiff, being duly sworn, as a witness in his own behalf, testified as Q. How long have you been in the carpenter trade? A. I have worked at it altogether probably 8 years, 6 or 8 years. Q. In June, 1913, were you in the employ of the defendant here? Q. And at the time of the accident how long had you been in his employ? A. I imagine. I had been in his employ about three weeks in time, but I hadn't worked only about two weeks and a half on account of bad weather. Q. You were working on this school house there at the corner of Oak and West 3d streets? A. I was. Q. How long had you been there? A. A portion of the time that I worked for this 103 104 105 Frank H. Bidwell, for plaintiff, direct. man; we worked on both schools; first on one side of the river and then on the other. Q. Do you remember the day of the accident? Q. What time did the accident occur? A. It was about 9 or a quarter past 9 as near as my judgment will allow me to figure it out. By the Court: Q. In the morning? A. Yes; in the morning. By Mr. Woods: Q. At that time, at the time of the accident, how far had the wall progressed? The Court: As I understand it, there is to be no dispute about it? Mr. Cheney: What is that? The Court: No dispute about how far they had got along with the wall or the joists or anything of that kind? Mr. Cheney: No. By Mr. Woods: Q. Did you go to work on this wall the day before? A. We did. Q. Who went to work there the day before? A. Myself and my brother. Q. Putting on these joists? A. Yes, sir. Q. What was the condition of the wall with ref erence to the boards there the day before? 106 A. Frank H. Bidwell, for plaintiff, direct. The boards were on the wall. Q. Did you see Robb about there, the superin Q. How many openings were there in that side where the accident happened? A. In that one wall where the accident happened? A. Up and down and 40 inches wide. Q. What was in that space at the time of the accident the day before? A. There was nothing there only the top jamb and this board that laid on top of the wall. Q. How was the board laid? A. The board laid lengthwise of the wall to pro tect the brick on the outside. Q. How with reference to the door jamb? 108 A. It was right close, adjacent to the door jamb. Frank H. Bidwell, for plaintiff, direct. Q. How wide was the door jamb? A. 7 inches. Q. Was there anything over this space at this opening except this 7 inch door jamb and this board? A. Nothing. Q. You got along to the time when it was necessary to put in the header there. It was necessary to put in a header there? A. Yes, sir. Q. Did you receive any instructions as to that? A. Nothing more than we had a header to put in there; I was instructed we had a header to go in there. Q. Who? A. Mr. Robb. Q. What? A. Nothing more than there was a header to go up over that door and so I framed it that morning and was in the act of putting it up when I fell. Q. You framed it up and got it up there? A. Yes, sir. Q. When you got it up there what did you do towards getting it together? A. We got one end entered on the south joist that was on the south side of the opening and I think we got two of the tail joists in. Q. The tail joists are what? A. The short joists that frame into the header; they were the tail joists and we were about to enter the header into the receiving joist on the other corner that I had to have help; I couldn't do it alone, 114 113 112 Frank H. Bidwell, for plaintiff, direct. overhead out there. I stood on the wall and called my brother to that part of it. Q. Was there anything about it not coming right before that? A. Yes, sir. Q. What was there about that? A. In framing that, he told me when I was to frame it, he says Q. Robb? A. Mr. Robb told me; the foreman told me; he says, "There shall be an inch space between the inside of the wall and the outside of your header." Of course, I knew exactly when he told me that what it was for and I left it there. I frame it to come that gain. When I got it all framed and started to put it together, I see that my space wasn't going to come right on one edge, one end of it. So I called his attention to it and Mr. De Forest's attention to it and I asked Mr. Robb, the foreman, what to do. And he says, "I don't know what we can do with it only shove it back." I says, "When I get it framed in here, I shall shove it back on the wall, on the middle wall." So at that I called my brother there to help me hold it while I got it into the other business, on the other side of the joists. Q. As your brother came over there, where were you and what were you attempting to do? A. I was on this end of it (Indicating), on the wall holding this end here. (Indicating.) In order for him to help me he got down and got hold of it and as he got hold of it and as he got hold, I stepped |