Evening journal., 1894-01-25
the martingale when he had been sd-
vised not to do so.
There We're some Discrepancies.


Civil Engineer Comley exemplifed the
plots prepared by him for the defense
There were some discrepancies between
the plots of the plaintiff and the defend.
ant,
Treasurer Biandy on the Stand.
Treasurer Charles G. Blandy, Of the
Wilmington City Railway Company, tes-
titled that Vansant told him, shortly
after the accident, that 1.-THE railway
company was not to blame for the acci-
dent, and that the motorman was not at
fault"
Under cross examination he said he
went to the car to find out who was to
blame. He had never spoken to Vansant
before. He asked a number of persons
who saw the accident. He did not re-
member who heard Vansant make the
statement; he simply asked him for his
name and address, and got IT, He would
do anything TO advance the interests of
the company. He never sent for Van
SAINT. aud did not know he was to be a
witness in the case. al reported the
matter TO Detective Vandegrift about an
hour after the accident. 1t Is his bust
ness TO look after these cases
Stephen S. Winchester, one OF the
coroner's jury, was sworn.
Recollection W.. the Record.
Mr.. Bird objected saying "The testi,
mony before the cor0ner's Jury is taken
| by person elected to act as secretary.
Such was done in this case aud we have
the report Of that secretary and the sec
retary TO prove that he did take down
every thing Of interest or Importance
IL is now sought TO bring Winchester,
Burrows and Meredith to show that the
secretary's report is imperfect, incom.
plete and untrue. The jury was called
to determine whether the motorman
was guilty of any cFmo. not to deter
mine whether the Wilmington City
Railway Company was liable Now tSt
class Of men who generally compose
coroner's juri's are 10 be brought In to
impeach the record made at the time.
It is known TO every man in this state
who knows anything that in ninety nine
out Of 100 cases, coroner's uries are
gotten up by corporation people
where the accident resulted In death.
The plaintiff wes not represented at that
inquest and only four or five witnesses
were examined II there was no record
it might be different, but the defense
want to go outside the record. The
defense wants to put recollection against
the record
Mr. Bradford said It was a novel
doctrine that a third party should be
held by the inefficiency of the clerk.
Mr.. Bird promised to produce Joseph
IL. wilkins, the man who acted as secre-
tary.
contradieting John L. vansant.
The testimony was admitted and Mr..
Bird noted another exception. saying
there was r record against the recollec-
tion of a juror. Winchester proceeded
to testify as follows:
cat the inquest John L Vansent tes
titled that when the car was between
Rodney and Clayton streets he warned
Maxwell not to cross over and Maxwell
said he WAS going to break his colt in tc
the car He also testified that the
corner Of Delaware avenue and Clayton
street was fifty or sixty feet distant from
the place where the horse took fright
He said. and would say it was twenty ol
thirty feet from the crossing of Clayton
street to where the car stopped j.
Taylor Nipple, on that occasion, said In
his testimony that he said TO Maxwell,
Turn in on Clayton street, aud that
no one on earth could have done more
10 stop the car or done it quicker than
the motOrman did
Mr.. Bird subjected him to a cross
examination which was as rigid as anus
ing He ratified Winchester a little but
did not get him to retract what he had
said
Thomas S Burrows, speci.l oiiiser at
Union National Bank, and a member OF
the coroners jury which sat ia the Max
we'll case, corroborased Winchester in
every particular concerning what Van
SAINT and Ripple had said.
Ia the cross examination Mr. Bird paid
his compliments to Preston Lea. who is
president of the Union National Bauh
and president of the Wilmington City
Railway Company
At o'clock court adjourned until Il
o'clock this morning
/ More Testimony to Contradict.
John w. Meredith, one Of the coroner
jurors, was the first witness called thii
morning The court room was crowded
He said that Nansant testified that Max
we'll was warned not TO ride over to the
north side of the avenue, and that
, Nipple swore that Maxwell said he would
break his mare to the car or break hel
I neck.
Mr. Bird-"What was the jury trying
, to arrive atG'
Witness-"To see who was responsible
for the accident
> Mr.. Bird-"Wasn't it to see If Allison
! was criminally liable for manslaughterY
! Witness-"Yes, sir
/ Mr. Bird-"Were any questions aske,
/, concerning the spsedg"
They might have been, but ! don
, | remember.
+ HAS such an important thing slippe,
, your mindg'
1T has
I did Nipple say at the inquest tha
he could not say whether the motormal
. did all in his power to stop the car. "
Z 81 don't remember"
!. "Oh, come, Mr.. Meredith, shake u
n your memory little
who asked you to serve on tina
q jury2"
: Coroner Sparks"
= WAS Mr. Vandegrift there"
Il Judge he was there somewhere.
% ftNaea tho Mo.rru ,sarraoaufodgn