Minutes, May 31, 1933 Thomas F. Murray, for claimant, cross 349 350 351 Witness: Mr. Swartz is first executive general manager, and is not cognizant with any of the details of this matter, and is out of town at the present time. Mr. Kaltman: Well, now, Mr. Referee, I communicated the request made on behalf,-rather made by you as requested by Mr. O'Rourke on our employer, and Mr. Murray is here, and Mr. Swartz is also requested. We are told by Mr. Murray that he is out of town. I don't know what can be gained by his being here. Mr. Murray is here now. He don't know anything about this except what was told him by Mr. Murray. Does Mr. O'Rourke still want him? Mr. O'Rourke: I am going to make the request. I want the opportunity to bring the lady that assisted Mr. DeVellier with the woman who was supposed to have been carried out. Before the next hearing I will advise whether I want him or not. This was really the testimony I wanted in the record. The Referee: You have no other witnesses? Witness: May I say for the record that Mr. Swartz handles none of the details of the supervision of the theatre, and knows nothing about what had happened? Mr. Kaltman: Under the circumstances, Mr. O'Rourke, will you tell me before the next hearing whether you really want him here? Mr. O'Rourke: We will let you know. The Referee: Have you anything further today? Mr. O'Rourke: No, nothing further today. The Referee: Adjourned for further testimony. 354 353 352 Minutes, June 28, 1933 Certified a correct transcript of the stenographer's minutes of the above hearing. Dated, New York, April 15th, 1935. H. D. VanBenthuysen, Hearing Stenographer. MINUTES, JUNE 28, 1933 State Department of Labor 150 Leonard Street, New York, N. Y. William DeVellier, Decedent Century Circuit, Inc., Employer Aetna Life Insurance Company, Carrier Case No. 3225466 Hearing before the Industrial Board Present B. W. Nye, Referee J. A. O'Donnell, Hearing Stenographer Appearances S. Kaltman, Esq., representing Employer and Insurance Carrier B. J. O'Rourke, Esq., representing Claimant Witnesses Dorothy Boardman, 2121 Foster Ave., Brooklyn, Mr. O'Rourke: Miss Boardman! Minutes, June 28, 1933 Dorothy Boardman, for claimant, direct 355 356 357 DOROTHY BOARDMAN, 2121 Foster Avenue, Brooklyn, N. Y., being duly sworn, testified for claimant as follows: Direct examination by Mr. O'Rourke: Q. Miss Boardman, were you in the Farragut Theatre on September 5th, 1932, when a bomb was thrown into the place? A. Yes, I was. Q. Where were you when you heard the noise? A. In the balcony. Q. Were you a patron that night? A. No, I was just in there to see the show. Q. You paid your admission and were watching the show? A. Yes. Q. Your mother was working there? A. Yes. Q. Yes. A. Q. Do you know what his job was at the theatre? A. He was manager. Q. You knew him for some time? A. I knew him all the time I was going there, since mother was working there. Q. What did you do when the explosion took place? A. When the explosion took place? He had a lady on his right side. It was in the ladies' room. He had called me to help him. He had a lady on the right side. She was heavy. Q. Where was Mr. DeVellier when he called you? A. Up at the top of the stairs. Q. These stairs ran from where to where? A. It 698 358 Minutes, June 28, 1933 Dorothy Boardman, for claimant, direct was a balcony, a little place in the balcony, alcove about fifteen feet into the ladies' room. He called me and I ran there. it. Q. Was there a rail there? A. Yes. Q. Was it near the railing? A. At the head of Q. He was carrying a woman? A. He had her on his right side, had his arm under hers. Q. Stand up and show us what he was doing. A. He had his arm around her like that (indicating), and was bent over on the side helping her. I assisted him. Q. Did he have her off the floor? A. Yes. Q. Yes. Was her feet continuously off the floor? A. Q. He was bent way over? A. Yes, and he was white like when I went to help him. He was white looking. Q. What did he say to you when you went over to him? A. When I went over to him he asked me to help him. The lady was very heavy. I went over and helped him. Q. Did he say anything else? A. No, he didn't say anything else to me. We brought the lady up to the couch and laid her down on the couch. Q. Did he tell you where he brought her from? A. Downstairs. Mr. Kaltman: Did he tell you? Witness: No, he didn't tell me. 360 1 Minutes, June 28, 1933 Dorothy Boardman, for claimant, direct 361 362 363 Q. What did you do? A. I went over to the couch and helped the lady. Q. When you went over to Mr. DeVellier what did you do? A. I went over to help him bring her into the room. Q. How did you help? A. I took the lady on the left arm and he had her by the right arm. I helped him on the left arm, held her on the left arm, helped get her into the room with him. Q. Was it on a step or balcony? A. On a little balcony at the time. Q. That was partly up a step? A. Up at the top of the step he was at the time. Q. When you went over there he was still holding her, but was not moving? A. Not moving, standing there. He screamed for me to help her. Q. Did he tell you why he wanted you to help her? A. Because the lady was very heavy. Q. Did he tell you that? A. Yes. Q. Did he say anything else? A. No. Q. Nothing else? A. No. Q. Then you helped carry her inside? A. Yes, with him. Q. How did he look? A. White like. Q. What did he say? A. He was exhausted looking and white. Afterwards he stood there. He couldn't move for a while. Q. How long did he stand there? A. About three or four minutes. Q. Did he hold himself in any way? A. No. |