S. Kaltman, Esq., representing Employer and In- Miss Marie Cleaves, office of B. J. O'Rourke, 2 560 561 Miss Cleaves: It was understood by our man at the last hearing that the next hearing shall be held in room 419 for the purpose of discussing certain points of law. We request a short adjournment so they can get together with the carrier to discuss this point. Mr. Kaltman: No such understanding. You remember this case. We had our printed record on appeal, briefs were written and the Attorney General sent it back to the Industrial Board calling attention to the fact failure to give written notice was not excused. It came back here by direction of the chairman of the Industrial Board for that one rea I argued against the taking of any additional testimony saying the evidence was sufficient on that question for the Referee to make a finding as to whether or not there was enough evidence to justify Minutes, October 23, 1935 excusing failure to give notice. That did not mean taking of additional testimony. It was on for the purpose of making the additional finding. However, my opponent at that time said he thought he should have the opportunity to submit any additional testimony if he so desired. You told him you could not very well take testimony on any other issue unless it was taken up with the Industrial Board. That didn't mean you were going to transfer the case from this room to the Industrial Board. My record shows you told him he would have to make his application to the Industrial Board if he wanted to take testimony on any other issue. The Referee: The minutes have been transcribed, the case may be adjourned. Adjourned. April 21, 1938. I Hereby Certify the foregoing to be a true and correct transcript of the record of hearing held at the State Department of Labor, October 23, 1935, before Referee Nye, in the case of William De Vellier v. Century Circuit, Inc., Case No. 3225468. Josephine A. O'Donnell, Hearing Stenographer. Transcribed February 7, 1936. Minutes, November 20, 1935 565 566 MINUTES, NOVEMBER 20, 1935 State Department of Labor Workmen's Compensation 150 Leonard Street, New York, N. Y. William De Vellier, Decedent, Claimant Century Circuit, Inc., Employer Aetna Life, Carrier Case No. 3225468 Hearing before the Industrial Board Present Bertrand W. Nye, Referee Corinne R. Jackson, Hearing Stenographer Appearances B. J. O'Rourke, 2 Lafayette St., New York, N. Y., Al. Watman, of counsel, representing Claimant N. F. Kazenstein, Esq., representing Employer and Carrier Witnesses Miss Hela Cunnius, 1874 E. 53d St., Brooklyn, Mrs. Charlotte Doyle (Mother-Claimant), 96-08 42nd St., Corona, L. I., N. Y. 567 The Referee: Is this a witness? 570 569 568 Minutes, November 20, 1935 Hela Cunnius, for claimant, direct HELA CUNNIUS, being duly sworn, testified: Direct examination by Mr. Watman: Mr. Kazenstein: Mr. Referee, Mr. Referee, may I ask if an application has been made to the Board for submission of further evidence? The Referee: Yes; upon the question of notice. That is the only question that is left. You may proceed. Q. You testified before at a hearing that you saw Mr. De Vellier carry a woman up the stairs. Did you see him come down the stairs? A. Yes, sir. Q. Was this after he had carried this woman up? A. Yes, sir. Q. Tell me exactly what you saw when he was coming downstairs? A. He came down the stairs; had hold of his stomach, and walked towards the office. Q. Did he appear to you to be in pain? A. I couldn't just notice that. He was standing in the back place, and passed right by me. All I know he had his hand on his stomach. Q. Was he bent forward in any way while he was holding his hand on his stomach? A. He was kind of brought over that way (Illustrating). He kind of straightened himself up every once in a while. Q. Where did you see him go? A. Towards the office. 571 572 573 Minutes, November 20, 1935 Hela Cunnius, for claimant, cross Q. Did you see him go into the office? A. No; the place was crowded. Q. Did you have any conversation with Mr. De Vellier. A. Not that day. The next day I was talking to him in the lobby. Q. Tell me the substance of that conversation. A. I asked how he felt. He said: "I think I hurt my stomach." Q. Did you tell anybody in the theatre about this conversation you had? A. No. Mr. Watman: That is all from this witness. Cross-examination by Mr. Kazenstein: Q. You say you saw him coming back down the stairs? A. Yes. Q. Was the place crowded? A. Yes, sir; I was standing right near the door. Q. How far was the stairs from the door? A. I was right near the door. The stairs come down, and they are right there at the door. Q. You say he was holding on his side? A. His stomach. He had his hand like that. Q. Across the stomach? A. Right across the stomach. Q. He didn't say anything to you at that time? A. Not then. |