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

334

Witness:

I didn't talk to Mr. DeVellier until

about the 8th of September, with reference to this particular accident.

Mr. Kaltman: September?
Witness: September.

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Q. Now, what did he tell you? A. Following the accident, to keep the record clear, I interviewed Mr. DeVellier with reference to the parties that had been injured in the house. I think there were four who had definite injuries. In consulting with him he told me that there were three women and one man; a man and wife and two other women. And in the course of his remarks he said that the—he happened to remark that the same thing had happened in another of our theatres, but the confusion was considerably less than it had been in the Farragut Theatre. I asked him to point out in the house where this bomb had struck, and I found that it had gone off practically in the center of the house, whereas in the other house it had laid on the side of the house, and naturally didn't cause as much confusion. I asked him for the details of the people hurt, or suffering other hurts, as he knew it as a layman. He gave it to me. I took the report and wrote it down. In the course of the remarks he said that one of the women, an old woman, had fallen off the chair and had got hurt and it was necessary to carry her.

Q. Did he tell you at that time that he had suffered any accident as a result of carrying her ? A. No, it was just causal in the report, amongst the

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

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various things that he had done, assigning the ushers and doormen and the balance of the help in the house, that he had picked up this woman and had carried her.

Q. When did he first tell you personally, I mean, when did you first talk to him about his own injuries ? A. I didn't talk to him until after I had got his report. I think it was the 8th of November.

Q. I see. And what did he tell you then?

Mr. Kaltman: Have you got a copy of that letter?
Have you got the original letter with you?

Witness: Yes.
Mr. Kaltman: Do you want the letter?
Mr. O'Rourke: No, not now.

Q. What did he tell you then ? A. He told me that he had gone to his doctor, and that he had told him that as a result of lifting this woman he had developed a hernia that needed immediate attention.

Q. Well, did you talk to him about carrying this woman any further? I mean, did you inquire as to whether anything happened while carrying this woman? A. No, I did not. Turned it over to the insurance carrier after getting the report.

Q. Well, did he claim at that time that he had hurt himself while carrying the woman?

Mr. Kaltman: What time do you refer to?
Mr. O'Rourke: At the time we are talking about

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now.

Mr. Kaltman: Which is it, the time he received the letter?

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

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Mr. O'Rourke: The conversation before he got the letter.

Mr. Kaltman: Mr. Referee, I submit that the last question is referrable to what he said in the letter, written to him in November.

Mr. O'Rourke: No, they are not at all.

Mr. Kaltman: Isn't that your understanding of it?

Witness: Yes.

Q. You said you had a conversation ? A. After receiving this letter.

Q. After receiving the letter. Now, I am asking about that conversation. A. The letter was dated November 8th.

Q. All right, now, after you received the letter you talked with Mr. DeVellier, didn't you? A. That's right. I called him by phone.

Q. Yes, then I asked you what conversation you had with him at that time with respect to any injury suffered by him. A. He told me that his Dr. O'Connor had ordered immediate operation, that he would like to have it performed as soon as possible.

Q. All right, now, did he tell you at that time, or did he report at that time that he had received this injury while carrying a woman? A. He said, “Yes, Dr. O'Connor told him as a result of lifting this woman he had developed a hernia."

Q. Well, did he claim that, too? A. Well, that was the general conversation. The claim was embraced in what he said to us at the time.

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

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Q. That's what you understood at the time? A.
Yes.

Q. The letter which this gentleman wrote, to you,
Mr. DeVellier, you have that letter now, haven't
you? A. Yes.
Q. What was his salary there? A. $32.50 a week.

a
Q. Per week? A. Yes, sir.
Mr. O'Rourke: That's all.

Cross-examination by Mr. Kaltman:

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Q. Mr. Murray, will you please refer to that letter, the original letter? A. I can recall now the date. It was November 11th.

Q. The date on that letter was November 11th? A. Yes.

Q. This was written by Mr. DeVellier to you? A. Yes, sir.

Q. Is that the first communication that you had received of a claim made by him, as to an injury to himself? A. Yes, sir.

Q. First information you had ? A. Yes, sir.
Q. When you

may I see that original letter, please? A. (Hands letter.)

Q. Now, in this letter he states under date of November 11th, 1932, “On the night of the bomb throwing at the Farragut Theatre I was obliged to carry a woman patron part of the way upstairs to the ladies' room before ambulance arrived. At that time I was so busy I didn't notice that I hurt myself, but after a few weeks my right side started to bother

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

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me. Thinking it might go away I let it go until last Wednesday, November 5th, when I tried to pick up a can of film in the lobby, which I had to drop immediately. Last night I took off and went to see the doctor, who gave me the statement attached.” This is signed by Mr. DeVellier, isn't it? A. Yes.

Q. You recognize his signature? A. Yes.

Q. Now, he submitted the statement of the doctor on this thing, and he saw him first on November 10th, 1932, is that right? A. Yes.

Q. Now, when you had the talk with him on September 8th, 1932, your conversation was particularly with respect to the claims being made by the patrons who were injured in the explosion, is that right? A. That's correct.

Q. Naturally, he gave you a detailed report of the persons injured in the theatre that night? A. That's right.

Q. Now, at that time when he told you about being forced to carry something or somebody of the patrons, he said nothing at all about being injured himself, is that right? A. Not at that time.

Q. Not at that time? A. Except when he sent me this letter.

Q. This was after November 11th ? A. That's right.

Mr. Kaltman: That's all.
Mr. O'Rourke: No further questions.

Witness: There was a demand made to produce
Mr. A. H. Swartz.

Mr. Kaltman: Yes.

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