290

Appearances-
Mr. B. J. O'Rourke, for the Claimant, 2 Lafayette

Street, New York City
Mr. Samuel Kaltman, representing the Employer

and the Aetna Life Insurance Company
Mr. O'Rourke: I would like an adjournment and
I was wondering if the carrier would produce Mr.
Murray and Mr. Schwartz, the employers in this
case? If they will bring them in, why, I will not have
to subpoena them.

Mr. Kaltman: Mr. Murray and Mr. Schwartz?
Mr. O'Rourke: That is right.

Mr. Kaltman: I certainly shall produce them on
Mr. O'Rourke's say so if they are material.

Mr. O'Rourke: Yes.

Mr. Kaltman: May I state an objection on the record so there will not be any question at a future time? We contend there is no proof of an accidental injury arising out of and in the course of the employment within the meaning of the law; secondly, that there is no notice of any such accident within

291

Minutes, April 19, 1933

292

the statutory period; third, the death is not the natural and unavoidable result of an accidental injury within the meaning of the law.

The Referee: On claimant's application, adjourned.

(Mr. Kaltman returns.)

Mr. Kaltman: In that case I have learned a claim has been made by a mother as a dependent within the meaning of the law. I want to add my objections,—and I so informed Mr. O'Rourke of that fact, —of no dependency.

Action: On claimant's application the case is adjourned.

I hereby certify that this is a true and correct copy of transcript of minutes of hearing held by the Industrial Board on March 13th, 1933, in the case of William DeVellier, deceased-Century Circuit, Inc., employer. (Case No. 3225468.)

293

Appearances,
S. Kaltman, Esq., representing Employer and In-

surance Carrier
Mrs. Charlotte Doyle, Mother of Decedent
W. O'Rourke, Esq., representing Claimant

296

The Referee: How old was William?

Mrs. Doyle: He would have been twenty-five today had he lived.

The Referee: Do you want the witness sworn? Hold up your hand, Mrs. Doyle.

MRS. CHARLOTTE DOYLE, being duly sworn, testified.

297

The Referee: You may examine.

Mr. Kaltman: At the last hearing in this case Mr. Bart O'Rourke was present and requested an adjournment in view of the objection noted that there was no proof of accidental injury arising out of and in the course of employment; that there was no notice

Minutes, April 19, 1933
Mrs. Charlotte Doyle, for claimant, direct

298

299

of such accidental injury within the statutory period,
and death was not the natural and unavoidable result
of an accidental injury within the meaning of the
law, together with the objection to any dependency,
and he requested we produce Mr. F. F. Murray and
Mr. Schwartz. Is Mr. Murray here?

(No response.)
Mr. Kaltman: Is Mr. Schwartz here?
(No response.)

Mr. Kaltman: I notice a memorandum on my file to the effect a letter was sent to Mr. Murray asking him to be present, at his own request. Mr. Murray stated Mr. Schwartz could not be present. I don't think there would be any reason for going into the question of dependency until the other questions are disposed of.

Mrs. Doyle: I was certainly partially dependent on the boy.

The Referee: No, there is no use going into it without a claim is established. Without the witness you can't proceed.

Mr. Kaltman: I don't know what they want.

The Referee : Neither of the witnesses can appear?

Mr. Kaltman: One I understood was going to be here. A letter was sent him at his request, and the other could not be here. I don't believe he will be here if he is not here now.

Mrs. Doyle: He promised to be here the last time. He told me personally he would be here.

Minutes, May 31, 1933

301

The Referee: And he didn't come?
Mrs. Doyle: No, he did not.

The Referee: If you want me to hold it a few minutes for you I will hold it.

Mr. Kaltman: Suppose we let it go over. I will make another attempt to get those men here.

The Referee: Witnesses did not appear, case is adjourned.

Adjourned.

April 15th, 1935.

302

I hereby certify the foregoing to be a true and correct transcript of the record of hearing held at the State Department of Labor, April 19, 1933, before Referee Nye, in the case of William DeVellier v. Century Circuit, Inc., Case No. 3225468.