Evening journal., 1894-01-26
FRAMING THE DEFENSE.
Levi c. Bird Makes it Pleas
ant for Defendants Witnesses.
THE CONDUCT OF MAxwBLLs MARE

Many Witnesses Testify That the Animal
Showed an UnruIy Spirit When Passing
Cars at the Il. & o. station Amusing
Incidents of To-day's Session.
Twelve, good and true men, citizens Of
this county, who are sitting as jurors in
the Maxwell damage case against the
Wilmington City Railway Company, in
the Superior Court, have knotty ques-
tion to decide.
The plaintiffs have proved that the car
was running at high rate Of speed be-
tween Rodney and Clayton streets. and
that the accident was caused by reckless
ness on part Of the agents Of the com.
pany. They also proved that Maxwell
was q splendid horsemsn, and when he
saw the car coming he did all in his
power to get the animal from its path
Counsel for the plaintiffs also show that
the car ran nearly sixty feet after it had
struck the horse.
The defense, on the other hand, has
shown by its witnesses that the car was
stopped at Rodney street. and the speed
was slackened one-third of the distance
down the hill, because the horse was
pranoing on the track west of Clayton
street. The speed of the car was shown
TO be not more than eight miles an hour.
The horse jumped on the track when the
car was a distance of less than eight
feet from It and Motorman Allison
did all in his power to prevent the acci-
dent. Counsel for the defendants have
shown that the car dil not run more than
distance Of forty four feet after the
horse was struck.
IL Is evident that the case will not be
given Co the Jury this week
The attendance at the Superior Court
to day was un Unfinished despite the cold
and inclement weather. There was q
marked attendance Of women. and every
one watched the proceedings in the Max
well case with intense interest.
During the day the defense put
in mass Of testimony, the
tenor Of which was to prove that the
Wilmington City Railway Company was
not guilty Of contributory negligence,
and that Maxwels rasnness caused his
death under the wheels and gearing Of
electric car No. A.
Cross-Examination OF Allison.
When the court reconvened yesterday y
afternoon, Joseph Allison, the conductor
of car Al, was on the stand. Mr.. Brad
ford finished examining him.
Allison said that the safety brake was
already on when the car started from
Rodney street, and he pulled back the
right hand brake with all his strength
within eight feet from where the horse
was struck. The ear struck the horse
Of Clayton street and Delaware avenue.
/ After the accident he never felt right,
aud asked for change and was made a
CONDUCTOR. which position he now holds.
Car Al was all right on the day Of the
accident.
On cross examination Allison said that
he had made six or seven trips on the
day of the accident.
He did not know whether or not there
were any passengers in the car when he
left the p, w. & B depot on the trip
when Maxwell was killed. Two OF three
persons boarded it at Seventh and Mar
ket streets. The car left the depot at
I115t. Stopped to take on Mr.. Dannen-
hauer in front of the New w-Century Club
building. Stopped again at Rodney
street to let some person get of. The
4
| his mind because Of the accident. Wit.
ness did not know when he had said to
an official Of the company that he had
stopped at that street. The car was
running between six and eight miles an
hour, before the horse was struck The
car ran length and half after he p 4
on the brakes
Allison put on the brake and slowed
the gait of the car after passing Rodney
street. The horse of Maxwell was then
pIancing on the track about thirty feet
west Of Clayton street When the horse
quieted down he released the brake.
Mr. Bird then produced the evidence
of Allison st the eoroner's inquest. Al
lison befoie the coroners jury, said thai
1.-THE horse was half a square away when
he saw it prancing It was frightened
and fractions" Mr.. Bird asked him i
that was the statement he had made anC
he replied that he was not feeling well a.
that time and did not remember whether
he had stated so or not
After the accident Allison got of thl
car and leaned against a tree and wal
afterward taken to the office by Dannen
hauer. Before Allison left the car hl
Strengthened the brake bar. He coulG
not say whether he had tainted after thl
accident or not.
Mr.. Bradford objected to Mr.. Blrc
asking the witness whether or not be-
tween July and September 10, 1892, i
he did not say in the presence Of Freder
ick G. Hodges. while coming down tn
incline from Rodney to Clayton, Il viii
show them how to stop a car. Thl
court sustained the objection.
Allison left the witness stand shortl!
after o'clock. having been on the stan'
about two, hours. He stood the strait
of Mr. Birds cross examination withon
agitation. He was a strong witness 70
defense.
Alfred A. Dannenhauer, q track fore
man for the company, was the next wit
ness and was examined by Mr.. Biggs. II
stated that be got on the front end o
the car between Jackson and Van Bure
streets, and was on IL when the horse wa
struck He first saw the horses when tn
car was on the west side of Rodnel
street, and the car was then going be
tween seven and eight miles an hour
The horse, which was prancing, wa
about thirty feet west Of ClaYto