Evening journal., 1894-01-22
MAXWELL CASE NOW ON
The Wilmington City Railway
Company is the Defendant.
KILLED ON DELAWARE AVENUE

Sequel to Sad Occurrence on Colum-
bus Day. 1899 Young Maxweils Ad-
ministrator Wants $4,000 Damages.
-Four Jurors Challenged and Several
Excused.
After recess Of two weeks the
Superior Court reconvened at l2 o'clock
to day, with Chief Justice Lore and
Judges Marvel and Cullen on the bench.
The attendance was small
After preliminary business. ur important
in its character, the trial OF the case Of
Robert Maxwell's administrator VS.. the
Wilmington City hallway Company. was
begun. The suit is foI $4,000. Young
Maxwell was killed on Columbus Day at
Delaware avenue and Clayton street,
being thrown from the back of frac
tious horse under the wheels Of
moving electric car.
Levi G. Bird, Andrew E Sanborne and
Peter l.. Cooper, Jr, represented the
plaintiff Ex-Attorney General John
Biggs aud Edward g. Bradford conducted
the defense.
The names of the special Jurors were
called Samuel Lindsey, sick, was ex-
cused, as was also William II. Steel, who
is prostrated with typhoid fever. George
w Bright, Samuel Gregg and John Nc
.Closkey were absent without excuse, and
the sheriff was instructed to look them up
and bring them into court. Mr. Bird ex-
pressed a willingness to go on with the
trial without them, but the defense
would not consent. At 10 10 O'Clock
Messrs Gregg and McCloskey put in an
appearance.
The drawing Of the jury proceeded
without Mr.. Bright, and William L.
Wier was excused on account Of i'll
health.
Mr. Bird objected to Joseph l. Carpen.
ter, Sr, on the ground that he was a
stockholder Of the defendant company.
He had faith in the integrity Of Mr. Car
penter, but he objected to trying a case
before a stockholder
Mr. Biggs said that in the case Of
Parvi3 VS.. the p, w. q B Railroad
Company the court decideda Juror was
not disqualified on that account.
Mr.. Bradford said he would not push
the point, but that he didn't think It
would influence Mr.. Carpenters judg-
meat in the least.
Mr. Bird admitted that, but said his
presence in the box would not help the
plaintiffs case any
Four Men Challenged.
The jury drawn to try the case was as
follows.
Edward McAllister. John Ball, David
/ Mccoy, Columbus Watkins. Richard +.
Appleby, William f. Dayett, Benjamin
/ Gregg, James II. Stats, w A. Morrison,
Jason Davis, Samuel Gregg, B. Frank
David
Challenged by the plaintiff George w.
Bright, Charles H. SAlmons, John Nc
Closkey.
Challenged by the defense Richard T.
Cam, Jr
The jurors not drawn were discharged
from further attendance
Peter L. Cooper. Jr., opened the case
for the plaintiff He contended that the
ac,ident was caused by the carelessness
and negligence of an agent of the
Wilmington City Railway Company
He said they would prove that It
was very gross negligence which
caused Maxwells death He was
to ride in the parade with the Knights Of
the Golden Eagle, and started foe the
RENDEZVOUS He WAS coming in
| Town 10 JOIN Jue phtAQe Wueu car
No. Al came down the hill
| flying bunting. The horse took fright
when the car was 100 to 200 feet away
The car was running down the hill at
twenty or thirty miles an hour. There
was no effort TO stop the car. The horse
threw Maxwell and the car dragged him
ninety five feet, OF six times the distance
required to stop car The case, he said,
will decide what rights the people
have upon the streets With
the car trimmed with bunting file com
pany should have exercised unusual dill.
i gence. There was no effort TO
stop the car when the horse
was seen to be rearing fand
plunging. The officers and agents of
the company Acknowledged their negli-
genca saying the d--d brakes were no
good The car has killed two citizens and
the bad brakes caused another accident
In this case you are empanelled 10 fix
the compensation TO the family Of this
man for his loss. He was a young
man Of model aud exemplary habits,
honored and respected by every body in
the community. He was almost his
mothers only support.
Harry Shuler, ex-registry clerk Of the
engineering and surveying department,
presented plot of the scene of the
accident, swore to its correctness and
explained it to the court and jury.
Court then took a recess until . 80
o'clock.
EIGHT BIDS ALREADY IN.