Show TIRE THE DAMAGE SUIT biou the accident in the ilie occurred testimony commenced thursday afternoon in the case of lyman carter vs va the butth consolidated mining co the damage suit on account ot of injuries on an explosion andrew scott who was in the drift with plaintiff at tho the time of the explosion and was himself injured and has a suit of his own for damages was the first witness he told that a crosscut was waa being driven and fireman roundy came into the mine and put the two men to work in the crosscut cross cut trilling krilling to remove two large rocks the foreman eaid he be wanted cross cut cat enlarged so eo a car could pass along three shots were fired on the right hand side and when the rocks were removed that had been torn off dy boythe oythe the blas baass s a raise on the left hand side was next examined and both men went to work drilling on oa it scott was holding the drill and carter wielding the sledge eledge hammer they had not been working long hwn the drill suddenly went down into an old inex placed hole there was a flash and the witness was knocked unconscious plaintiff contends that the ed charge was left there by arthur buckner a mere lad who witness said ha had never seen before forein bs in the mine exe except apt wit with th a wheel barrow and who whose ze reputation among the miners was that of inexperience the defense contends that john allen alien was the workman in that crosscut and with him was arthur arlhur anek ner john allen alien the witness eaid on cross was an experienced miner the witness confessed that of the three shots fired on the right eid sid ethere was a missed repart i e conly only two reports were heard but he claimed that the powder was wag blown out he denied telling miners that he and his partner had struck their own unexploded charge lyman gaiter baiter the plaintiff wes the next witness he testified practically the same as mr scott and was rigidly cross crosa examined being on the witness all forenoon |