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Minutes, June 28, 1933
Dorothy Boardman, for claimant, cross

379

Q. You were not in the ladies' room more than a few seconds when you heard the call? A. Yes.

Q. So you got up there after the other people had been brought up to the ladies' room? A. The other people were in there when I got to the ladies' room.

Q. Who brought them in there you don't know? A. No.

Q. How long would you say it took you to get from where you were in the balcony to the ladies' room? A. Two minutes after the explosion.

Q. Two minutes to get there from where you were sitting? A. It scared me so.

Q. Those people were taken from the orchestra? A. Yes, sir.

Q. The orchestra was pretty well filled up? A. It

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was crowded.

Q. You were closer to the ladies' room than the orchestra? A. Yes.

Q. Immediately at the time of the explosion you went to the ladies' room and when you got there you found these people already taken from the orchestra, they were in the ladies' room? A. Yes.

Q. How could they have gotten there sooner than you from where you were? Will you explain that if you started out sooner? A. They were rushed up very quickly because they were badly hurt.

Q. You started from the balcony immediately ?

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A. Yes.

Q. All you have to do is go down to the front of the balcony? A. It is about three minutes run from where I was sitting back to the ladies' room.

Minutes, June 28, 1933
Dorothy Boardman, for claimant, cross

382

383

Q. It is on the same floor? A. Yes.
Q. A few feet away? A. Yes.
Q. It should not take two minutes ? A. No.

Q. You immediately went to the ladies' room at the sound of the explosion ? A. Yes, sir.

Q. And they already had people from the orchestra up there when you got there? A. Yes.

Mr. O'Rourke: The C-64 you have I don't think is verified. I will submit a verified C-64. That's all we have on the question of accident.

Mr. Kaltman: We object to this report of Dr. J. V. Bohrer on the ground it is improperly authenticated. We reserve the right to cross-examine the maker of it.

Mr. O'Rourke: It is a technical error with respect to December, 1933.

Mr. Kaltman: Assume it is December, 1932.
Mr. O'Rourke: Will you stipulate it is?

Mr. Kaltman: Yes, but then you are in the position of having it notarized before it is dated.

Mr. O'Rourke: Probably a mistake on the part of the Notary Public.

Mr. Kaltman: I can't blame the doctor or the
Notary Public.

The Referee: Adjourned.
Adjourned.

384

July 17, 1933.

I hereby certify the foregoing to be a true and correct transcript of the record of hearing held at the Minutes, September 18, 1933

State Department of Labor, June 28th, 1933, before Referee Nye, in the case of William DeVellier v. Century Circuit, Inc., Case No. 3225466.

385

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Mr. S. Kaltman, 100 William Street, City, for the

Employer
Mr. Nathan Mann, 2 Lafayette Street, City, on be-

half of Claimants for B. J. O'Rourke

Minutes, September 18, 1933
Dr. John V. Bohrer, for defendants, direct

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Dr. John Bohrer, 116 East 58th Street, City

Mr. Kaltman: We have subpoenaed the doctor to cross-examine him on his report which is in the Commission's file and is dated March 3, 1933.

The Referee: Will wou be sworn, Doctor?

DR. JOHN V. BOHRER, being duly sworn, testifies for defendants as follows:

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Mr. Kaltman: I see you have in the Commission a C-64, Proof of Death, etc.

Direct examination by Mr. Kaltman:

Q. Doctor, I show you a report by the physician in attendance, dated January 13, 1933, and ask you whether you completed that report and signed it? A. (Examining report) This report is in my writing, yes. I made it out.

Q. Did you swear to it before a notary public? A. Yes.

Q. K. L. Sullivan? A. Yes.

Q. Is that on the same day that you signed it? A. I am not certain of that.

Q. I ask you that, because the jurat was subscribed to on December 13, 1933,—whereas it is dated January 13, 1932? A. I don't recall that.

The Referee: We haven't got to December, 1933.
Mr. Kaltman: That is correct.

390

Minutes, September 18, 1933
Dr. John V. Bohrer, for defendants, direct

391

The Referee: Therefore it must be wrong.

Q. Is this notary public in your office ? A. No, she is an attorney, and their clerk notarizes things

for me.

Q. You, I take it, go to her office? A. Oh, I know that on that occasion I went to her home,-either that day or the following day, I have no recollection.

Q. You diagnosed the cause of death in this case as a pulmonary embolus ? A. Yes.

Q. Following an operation for a hernia,—an indirect inguinal hernia ? A. Yes.

Q. At the time of this operation, did you have a history of the decedent of a condition ? A. He said that the hernia came, I had a history that the man had some accident after picking up a woman he carried her up the stairs.

Q. Did you assume then that the hernia came about at that time or before? A. Before that.

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Q. Is that why you have indicated in answer to question,—“In your opinion was the accident as above described a cause, either directly or indirectly, of the death ?”, —and you have the answer, “Yes, indirectly.” A. The word “Indirectly,”—means “Indirectly," sure.

Q. How did you arrive at that, Doctor? A. As I want to say,--I don't know that I fully comprehend the meaning of that question,-“Q. In your opinion was the accident as above described a cause, either directly or indirectly, of the death ?” Did the accident cause the hernia or the death or anything?

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