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William L. Skinner, for plaintiff, re-direct.

constructed as contractor or that you worked on as

a carpenter?

A. No, sir.

Re-Direct Examination by Mr. Woods:

Q. In the City of Oswego and Fulton and other places have you observed them constructing brick buildings?

A. Yes, sir.

Q. And have you observed how they laid the joists on those brick buildings?

A. Yes, sir.

Q. How recently in either of those places have you observed that work being done?

A. Within four years.

Q. What have you observed as to the manner of

their doing the work of laying the joists?

A. You mean with reference to scaffolds?
Q. Yes.

A. Always have scaffolds.

Q. What buildings have you observed them constructing? Stores or buildings in Oswego and the vicinity?

A. I saw the Oswego Hospital being built; I saw a bank building being built in Fulton.

Q. What about the freight sheds?

A. I saw the Delaware freight house being built.

Q. And other stores and buildings? stores and buildings?

Brick

A.

Q.

I presume so; I don't call them to mind now.
That is, recently?

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William L. Skinner, for plaintiff, re-cross.

A. Yes.

Re-Cross Examination by Mr. Cheney:

Q. Who built that bank building down at Fulton?
A. I don't know the contractor's name.

Q. How wide was the wall on that building in
Fulton? Brick bank building in Fulton?

A. I should think it was about 8 inches; that is as I observed it from the walk; I wasn't on the building.

Q. How wide was the wall on the railroad shops down here that you were telling about?

A. I think that was a heavier wall; I think that

was probably 12 inches.

Q. What other building did you say you saw in the process of construction?

A.

I saw the Oswego Hospital.

Q. How wide a wall was that?

A. I couldn't say as to the width of it; I should think about an 8 or 12 inch wall.

Q. In order to lay the joists, it is necessary to level them?

A. Yes, sir.

Q. Isn't it necessary to get up on top of the wall' in order to level the joists?

A. No, sir.

Q. You think you can do that without getting up on top of the wall?

A. Yes, sir.

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William L. Skinner, for plaintiff, re-cross.

By the Court:

Q. You have to level those joists from the top when you get them laid, don't you?

A. Yes, sir.

By Mr. Woods:

Q.

Explain how you do that from the scaffold?

A. By working up through between the joists; stretch a line across the top of the joists and raise and lower your joists until they come to the line. By the Court:

Q. Would it be good practice to do it with an 8 foot level laid on top of the joists?

A. I shouldn't think it was.

Q. You think a line would be more accurate and better than the level?

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By Mr. Cheney:

Q. You have to level your line, don't you?

A. Yes, sir.

Q. How do you do that?

A. You do that- various ways; we do it with a level, of course; but we stretch it from end to end and hold the level up under the line; the line is naturally drawn about a half an inch above the top of the joists and then you hold them level so you can see the line compared with the level.

Q. And the line is supported at either end?

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A. We make allowances for sags.

Q. So that you think you can level it better with

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Francis J. McFarland, for plaintiff, direct.

a line supported at either end which naturally sags than you can with an 8 foot level where you can get the accurate level by putting it across the different joists?

A. Yes, sir.

FRANCIS J. MCFARLAND, a witness called on the part of the plaintiff, being duly sworn, testified as follows:

Examined by Mr. Woods:

Q. What is your business?

A.

Q.

Carpenter and joiner.

How long have you been in that business? A. Over 40 years.

Q. You are employed at that now? You are employed as a carpenter and joiner now?

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Q. How long did you say you had worked at it?

A.

Over 40 years.

Q.

What positions have you held on jobs?

A.

Different; foreman mostly.

Q. You are employed now on these buildings be

ing erected at the old Conde place?

A. Yes, sir; just came from there.

Q. Do you know the method in general use in putting joists on brick buildings?

A. Yes, sir.

Q. What brick buildings have you worked on in the city?

A. This city?

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Francis J. McFarland, for plaintiff, direct.

Q. Yes.

A. Worked on the County Clerk's Office, the last

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Q. How recently was that?

A.

That was a year ago I went there on the foundation, the first story, second story.

Q. Take a building where the inside wall is 12 inches of tile, 2 inch air space and a 4 inch brick facing and the partition wall is 4 inches and the joists are 2 by 12 by 15, green, do you know the usual and customary method of laying those?

A. Yes, sir.

Mr. Cheney: Same objection to that.

The Court: Same ruling.

Mr. Cheney: Exception.

By Mr. Woods:

A.

Customary to have a scaffold or to use horses

with plank on.

Q. And do you know the customary and usual

way of framing in headers?

A. Yes, sir.

Q. How is that done?

A.

Done with the mortices and tenons; mortice

and tenon the joists and the header.

Q. Do you mean you stand on the wall to put it

in? A.

Stand on the scaffold, the most expeditious and safest and easiest.

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