The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1894-01-30
TESTIMONY ALL IN.
ATTORNEYS VIII Argue the Case To-day
Reading tho Authorities.

ATTORNEYS VIII Argue the Case To-day
| Heading tho Authorities.
William II. Beakley was recalled n
the afternoon session of Superlo
Court yesterday. During the nooI
recess he examined the brakes OF al
electric car, and found that the,
hugg90 the wheel exactly as did The
brakes on locomotive.
Joseph u. wilkins was called. Mr.
Wilkins Ia reporter on the Ever,
Evening, and was the secretary OF III,
coroner's juryl which returned yer
dict on Maxwell's death. The testi
mony of the witnesses before that In.
quest was that which MIR. Bird pre-.
scented in type-wrltten form. There
was nothing in the copy which was
not testified to before the lnquest.
Mr. Bird asked the witness II Mr.. Van.
SAINT had not testified then that the
car was running too fast for public
safety. but Mr. Bradford objected. The
court ruled out the question.
Mr.. Bird then asked the witness IL
MIR. Eansant had testified that he had
told Maxwell to not go on the north
side OF the avenue, and after consult
ing his notes he answered that he did
not know OF any such testimony. He
did not hear MIR. Vansant say at the
going on the north slde OF tho avenue
to break In his colt. On cross.exami-
nation the witness said no such state
ments appeared in his copy OF the tes-
timony, III there had been such state.
ments made he would have known and
copied them, the statements being
OF sufficient a weight for remem-
brance.
Il. 4. Johnson was called ard asked
by MIR. Bird IL he had over timed the
cars on tho Rising Sun line. MIR.
Bradford objected. MIR. Bird statod
his grounds, the witness being called
to contradict OBrien and Charles
Mills as to the speed on that line. they
testifying that the cars could not lie
run more than fifteen miles an hour.
The court ruled that the question was
combining him to the
trip OF that particular car and on the
trip Maxwell was killed. MIR. Bird
noted the exceptions oil the court.
John Maxwell, father of Robert
Maxwell, was recalled and testified
TINT he mover worked tho colt In
plow.
Thomas IIetherton was recalled. lie
was at the Odd Fellows Hall the night
j ohm Louther ssid he had talked to
on taking part In the parade
friends advised him not to ride the
colt, but said he would or kill the colt.
Mr.. Hetharton was with Maxwell and
James Scott after the meaLlng. lie
could not have said anything to
Iouther as he had testified, without
him, the witness hearing of it. MAX
well came to tho witness and asked
him for a saddle. -....
Mrs Mary Maxwell was recalled TO
contrGdict witness as to the time
Maxwell was seen at Eleventh and
Union streets. Mrs. Maxwell said that
her son left home to 40 to Bancrofts
mills at that tune. lie returned home
anu after eating dinner left the house
at ll.5O O'Clock. Mr.. Bird closed.
William S. Ieger, manager OF the
Wilmington City Railway Company,
was called for the defense. Mr.. Brad.
ford asked Mr.. Hegcr what effect sand
would have when applied TO electric
car tracks. MIR. Bird objected and
Mr.. Heger was not allo we'd to testi.
fy.
Mr. Sanborn. In addressing the
jury, for the plaintiff. said that white
they would admit that the Whining
ton city Railway had right to uso
on the streets, thoy would
contend that the company should run
their cars at reasonable rate of speed. |
Tho care which should be taken by |
the company was such as would be |
used by u prudent man to avoid iniar-
Ing other men. They would contend |
that the public and the street car coui- !
pany had equal rights to the use of
the streets. When another vehicle. /
however, and tho Car are on the same |
track the vehicle must give way. bn- !
cause the cars run OH fixed rails All |
the authorities which will DO read by |
the plaintiff arc on this subject. All |
tie decisions that would he read would |
refer directly 10 the use OF electric car |
cases.
The remainder of the afternoon was !
taken up by tho reading of authorities |
by Mr.. Sanborn. Mr.. Biggs Will pre-.
sent his authorities this morning and /
tile argument Will begin.