606 605 604 Transcribed 1-28-36. Minutes, January 22, 1936 Mr. Watman: No, sir. The Referee: On carrier's application adjourned. Date, July 26, 1938. Certified correct transcript of minutes of December 30, 1935, in the case of William DeVillier, Deceased, versus Century Circuit, Incorporated. Harriet Levison, Hearing Sten'r State Dept. of Labor. MINUTES, JANUARY 22, 1936 State Department of Labor Workmen's Compensation 150 Leonard Street, New York, N. Y. William DeVillier (Decedent), Claimant Century Circuit Co., Employer Aetna Life, Carrier Case No. 3225468 Hearing before the Industrial Board Present Bertrand W. Nye, Referee Corinne R. Jackson, Hearing Stenographer Minutes, January 22, 1936 Charles F. Murray, for defendants, direct 607 Appearances J. F. Pearson, Esq., representing Employer and B. J. O'Rourke, 2 Lafayette St., New York, N. Y., Charles F. Murray, 2574-33d Street, Astoria, L. I., CHARLES F. MURRAY, being duly sworn, testified: Direct examination by Mr. Pearson: Q. Mr. Murray Mr. Pearson: Mr. Murray is recalled, Mr. Nye. Q. You testified previously in this proceeding? Q. May 31, 1933, did you not? A. I think it was about that time. Q. Yes. Do you recall having a conversation with Mrs. Doyle right after Mr. DeVillier died, at her home? A. Yes; at her home. Q. Were you there with your wife? A. I was. Q. Can you give us the substance of that conversation? A. I called at her home on a Sunday afternoon. I had been in telephone conversation with her preceding that; and, at that time, she was sick or indisposed, I believe, so I volunteered to go to her 608 609 612 611 610 Minutes, January 22, 1936 Charles F. Murray, for defendants, direct home, and we went over the details of the death of her son. We said at that time any assistance we could extend her, we would be glad to do so. I think that was the substance of the conversation. Q. Did you say to her: "Don't worry. Everything will be all right"? A. I think I endeavored to console her by saying we would endeavor to do everything we could. Q. Now, Mrs. Doyle has testified at a hearing before the Referee on November 20, 1935, page 9 of the minutes of that date: "Q. Did Mr. Murray tell you he knew anything about this accident happening to your son? A. Yes; he said he complained right after." Did you make any such statement to Mrs. Doyle on the occasion of this visit? A. No; I did not. Q. Further, the witness states: "I remember he said he had been talking with Billy about this. When I received the first notice, I called him on the phone, and said: 'Do you remember what you told me about Billy's conversation with you?' He said: 'Yes.' I said: 'How long after the accident did Billy complain to you?' He said: "Three days.'" Do you remember any such question and answer such as that, which you gave to Mrs. Doyle? A. I do not. The Referee: Well, are you able to say whether or not there was such a conversation? The question is whether or not you remember it? Are you able to say whether or not there was such a conversation? Witness: I don't remember any such conversa tion. Minutes, January 22, 1936 Charles F. Murray, for defendants, cross 613 614 615 The Referee: Well, there are many things I don't remember, of course, that I cannot deny, in my lifetime. The fact that I don't remember is no evidence at all that some certain thing didn't happen. I know that you intend to contradict the other witness, but you are not contradicting her. By Mr. Pearson: Q. Well, did you tell Mrs. Doyle at any time that Mr. DeVellier had complained to you three days after this occurrence? A. Not three days after. Q. Did he complain to you three days after? A. He did not. Mr. Pearson: I think that is all. Cross-examination by Mr. Watman: Q. If you didn't say three days after, how many days after did you tell her? A. Did I tell Mrs. Doyle? Q. Yes. A. I told her the first knowledge I had I his illness was the day before the report came from the theatre. Q. When did the report come from the theatre? A. I think the record shows when it was reported. I couldn't definitely say. Mr. Pearson: You mean that letter submitted previously? By Mr. Watman: Q. You say you knew it the day before? A. That's right. 618 617 616 Minutes, January 22, 1936 Charles F. Murray, for defendants, cross Mr. Pearson: Let us have that date fixed. The Referee: Yes; I would like to, because I don't want to go searching through the file. Mr. Pearson: I think it is November 16, 1932. The Referee: Here is the employer's first report of injury, November 14, 1932. Is that the one you refer to? Mr. Pearson: Is that the one you refer to? Q. Did you fill out that report, Mr. Murray? A. I couldn't say. (Looks at report in Commission file.) No; Mr. DeVillier filled it out himself. Mr. Watman: Is that a C-2 or a C-3 he is reading? The Referee: This is supposed to be a report by the employer, which would be a C-2 report. Mr. Watman: Then, no C-2 report was filed by the employer in this case, because this is signed by DeVillier, the claimant, the deceased in this case. Mr. Pearson: The report speaks for itself. Mr. Watman: No C-2 was ever filed by the employer in this case. Mr. Pearson: The question is, is that the report Mr. Murray refers to? The Referee: I am interested in knowing who did sign this report. It is signed by William DeVillier. That is the deceased, and also by the Century Circuit Co. That is the employer. That is a singular instrument. Mr. Pearson: (Calls) Mrs. Doyle. |