Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1894-02-01

nave developed remarkable memories
since the fateful day in October, 1892.
The members Of the jury were called to
prove that the notes Of the testimony
taken by the secretary were defective.
MIR. Bird became aghast at the recollec-
tion Of some of the iurymen.
John Meredith, member of the cele-
brated jury, was the first witness called.
lie said that he had heard Nansant tes-
tify ut the inquest that Maxwell was
warned not to cross the track in front of
the car. He also testified that Hipple
had made similar statements.
Under cross.tire by Mr.. Bird the wit
ness said he had no occasion to recall
the testimony of tho witnesses until Il
short time ago. He did not recollect
whether 1t was shown that the car was
running fast or slow. All he did recol-
lect was the evidence above referred to.
The first talk Detective Vandegrift had
with him was last week.
Ex-Councilman William II. Quinn
was member of the coroner's Jury
who would not swear positively. He
thought, however, that Vansant and
Nipple had made such statements, but
he would not positively attest that fact.
lie could not say whether Nipple or
Vansant had testified that Maxwell had
been warned not to cross the track. He
did recollect that Taylor Nipple had
said that he tHipple) had warned Max
well not to cross the track.
William Condor was still another
member of the coroner's jury who was
willing TO go behind the official records
of the coroner's jury. Like some of the
former witnesses his memory was solid
as to the statements made by Vansant
and Ripple, but he went to pieces ON
other evidence adduced at the inquest.
Mr.. Bird read from the notes Of the
secretary, reduced to writing at the time
of the hearing, and he was unable to
say whether any such evidence was ad-
duced or not.
Captain William II. Smith, ex-super.
intendent Of the Wilmington City Rail
way Company, was next called. Ue
knew George W. Pierce, who testified
for the plaintiff in this action. He de-
MED that Pierce had told him that the
i'd cars run too fast down here, any
way" He also controverted the eyi.
dence of Pierce going 70 show that the
witness Captain Smith) had told Pierce
that the brakes of the car were defective.
Mr.. Bird cross-examined the witness
who said that the uses of electricity
were in the line of his business. He
had been operating an electric line in
Scranton. He returned to Wilmington
November 7th, and was spoken to by
Mr.. Bradford for the defence few days
ago.
George w. Broadbent is car-inspec.
tor employed by the Wilmington City
Railway Company. He remembered the
accident OF Columbus Day, 1892, and
inspected car No. Al about two hours
previous to the killing of young Max.
we'll. Everything about the car was in
perfect running ort:er. He also eX-
amined it about one hour after the &C.
cident. The brakes and the running
gear were in perfect order.
The witness was cross-examined by
Mr.. Bird. He said he was located al
the Delaware avenue electric railway
station. lie said that the application Of
grit on the tracks would not materially
aid the inotorman to stop the car if the
tracks were dry.
"Mr. Broadbent, what business We're
you in originality" was Mr.. Birds next
question. --...
"Do you mean before became an in.
spectorl"
"Yes, that's what l mean," said Mr..
Bird.
81 was in the insurance business, sir. "
"Oh, N.Y." said Mr.. Bird, with q
dramatic movement of both hands, 81
don't wonder you got into other busi.
ness"
Walter I. Craig, another car inspector
in the employ Of the company, inspected
car No. Al, the day of the accident. He
found the gearing and brakes of the cal
in good order.
James Taylor, blacksmith in the
employ of the defendant company. said
he examined the car and found the
wheels, brakes and running gear found
them in good condition. The witness
sale he was not motorman.
William L. Gibson, who is an elec.
trician and foreman of all motive powei
of the Wilmington City Railway Com
pany, said the electrical work of every
car was inspected daily. He said he ex
amined Car No. Al one hour after the
accident and found it all right.
William Mann, assistant foreman oi
the electrical department of the Viii
lnington City Railway Company, sworC
that he examined the brakes and ap
paratus of the car at II o'clock on the
day of the accident and found every
thing in perfect order.
Lesley 4. Dayett, motorman, sale
he could stop n car going down hill a
rate of seven miles an hour in from 2t
TO 30 feet
Joseph Allison, the motorman of the
fateful car, took the stand at 1.4C
O'Clock. He said the accident occurred
shortly after 12 o'clock on October 21st
1892, Columbus Day. The car was wei
filled with people. The car stopped or
the west side Of Rodney street to let of
a passenger. He had a perfectly cleai
aud distinct recollection upon this point
He loosened the brake and allowed the
car to run down by gravity. He may
have turned the current on, but his recol
| lection was that he did not. When ht
first saw Maxwell the car was one-thirG
the distance between Rodney street and
| the houses nearest 10 Clayton street
Tho horse was dancing on the track.
He said his recollection was clear on
this point and he would never forget it
The witness direct examination was
not half through when court adjourned
at o'clock until 2.30 o'clock.
Joseph Allison, motorman Of car No
Al, was recalled to the stand and re-
sumed testimony in the afternoon. A
number Of witnesses were examined
relative to the nature of the accident
and when court adjourned at 500 O'Clock
the Maxwell damage case was one day
nearer an end.
Allison testified that when he frs
| ihn hA1n1n nr.l,inl, No