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Minutes, May 31, 1933
Helen Cunnius, for claimant, cross

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on? A. I never went into it, I went upstairs to the ladies' room, I went upstairs and came down again.

Q. You stayed there to see if you could be of some service, or some help? A. Surely.

Q. Well, now, by the time he got the second lady up there, was the orchestra floor out? A. No.

Q. Still a lot of people in there? A. Surely.

Q. Well, did he go down again? A. Well, he didn't pick anybody else up.

Q. Did he go down again? A. He went downstairs.

Q. You didn't follow his actions after that? A. Hing No.

Q. How long did you remain there? A. The ambulance came then. I didn't stay up there any more.

Q. How long did you remain there? A. Well, I was there until the old woman was taken out. I was

outside when the old woman was taken out. Two

ushers carried her out and put her in the taxi.

Q. Who? A. Mrs. Boardman, we were with this

old woman.

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Q. You mean she told you this? A. Well, I asked Mrs. Boardman where the woman was going: “Going in the hospital ?” She said, "No, they're taking her home.”

Q. After that you left? A. Yes.

Q. At the time the ambulance came they were about to take the woman and Mr. DeVellier had gone downstairs ? A. Yes.

Mr. Kaltman: That's all.

Minutes, May 31, 1933
Martha Bordman, for claimant, direct

322

MARTHA BORDMAN, 2121 Foster Avenue, Brooklyn, N. Y., being duly sworn, testified for claimant as follows:

Direct examination by Mr. O'Rourke:

Q. On September 5th, 1932, were you employed at the Farragut Theatre in Brooklyn? A. Yes.

Q. Was there an explosion in the theatre that night? A. Yes, yes, I saw the whole thing.

Q. What were your duties there at the time? A. Matron.

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Q. Where were you supposed to sit? A. Well, I am inside, and I was outside, too. I am supposed to be inside, up in the balcony, but they kept me moving around.

Q. Where were you when the accident took place? A. Standing right by the back of the balcony, the rail alongside I was standing back of that.

Q. What happened immediately after the explosion took place? A. Well, I didn't know anybody was hurt until they started carrying them upstairs, and the first one that came was a woman so badly burned from her face down, and I took the things off her because they were in pieces, and I was facing backwards, towards the door, and while I was standing I heard Mr. DeVellier come up. He said, Mr. DeVellier—“Can I come in ?” I said, “Yes.” He said, “Yes, I am bringing more up to you.” So he brought three other people up.

Q. Did you see his face when he went up? A.

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T

Minutes, May 31, 1933
Martha Bordman, for claimant, direct

325

Well, my back was turned. I was down by this

woman.

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Q. Did you see him bring anybody up? A. My daughter helped with this. Went into

The Referee: Why don't you listen to the question and answer the question?

Q. Did you see him yourself bring anybody up ? A. Well, no, I didn't.

Q. Your daughter was there at the time, wasn't she? A. Yes.

Q. What was she doing there? A. She was helping me all she could. She went down to call a doctor.

Q. Was she employed at the time by the theatre? A. No, no, she was not employed there at the time.

Q. She was a patron at the theatre that night, is that right? A. Yes.

Q. Now, did you see her assist Mr. DeVellier at any time? A. No, I didn't.

Q. All you know of that is what your daughter told you, is that right? A. Well, when I went home I spoke to my daughter. She said, “Mother, I helped Mr. DeVellier with the old lady on the stairs. He asked me to help him, and we put her on a couch in the room.

Mr. Kaltman: Well, now, that is not responsive to the question, and I move that it be stricken from the record.

The Referee: It may be stricken out.
Q. Is your daughter available at this time? I

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Minutes, May 31, 1933
Thomas F. Murray, for claimant, direct

328

mean, can she be brought in here? A. Well, if it is on Saturday. She is off all day on Saturday.

Q. She was requested to come in today, wasn't she? A. She wasn't notified until last night. She could not get off.

Q. Well, could she get off ? A. On Saturday, yes.

Q. Did you see this old lady that Mr. DeVellier carried ? A. I took her home.

Q. When did you first see her that night? A. When they brought her in.

Q. How did you take her home? A. Two of the ushers carried her down. Then I called a taxi,—at least they called a taxi and brought her home. The taximan carried her to the apartment and put her in bed.

Q. Do you know the name? A. Ward, Mrs. Ward.

Q. Mrs. Ward ? A. Yes.

Q. Were you talking to her about this thing? A.
No, only when I went to see her.

Mr. O'Rourke: That's all.
Mr. Kaltman: No questions. Mr. Murray here?

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THOMAS F. MURRAY, 2574 4th Avenue, Astoria, Long Island, N. Y., being duly sworn, testified for claimant as follows:

Mr. Kaltman: At the request of Mr. O'Rourke, and as directed by the Referee, we are producing Mr. Murray for them.

Minutes, May 31, 1933
Thomas F. Murray, for claimant, direct

331

Direct examination by Mr. O'Rourke:

Q. Mr. Murray, are you, or were you on September 5th, 1932, connected with the employer in this case? A. I was.

Q. In what capacity? A. Assistant to the executive general manager.

Q. What was Mr. DeVellier's position there? A. He was the manager of the Farragut Theatre.

Q. Where were you located on that night? A. I was at home.

Q. Now, did you go down there that night at all ? A. I did not.

Q. I mean the night of the explosion ? A. No, I didn't know.

Q. When did you first learn that Mr. DeVellier had met with an accident while in your employ? A. Sometime in November.

Q. And what was the source of your knowledge ? A. There was a report from Mr. DeVellier.

Q. Directly to you? A. Directly to me.

Q. What did he tell you? A. Wrote me a report, said while carrying a woman from the orchestra to the balcony he had suffered a hernia, and enclosed in

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addition a communication from his physician, a Dr.

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O'Connor.

Q. Did you talk with Mr. DeVellier ? A. I did.

Q. What did he tell you happened to him? A. Do you mean

Q. That night?
Mr. Kaltman: When did he talk to him, first?

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