The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1894-01-27
THIRD edition.
TuE siAxwE,.L CASE.

Witnesses Who Considered the Colt I
unbsokcn From Its actions. aua One |
That Shouia Have Been Kept From
Cars.
Thomas S. Purnell was the first wit q
ness Called at the afternoon session OF 4
Court yesterday.
MIR. purneli remembered the acci-
dent. He saw car No. Al. The witt Q
ness was opposite the upper part of
Swlft's house ON Delaware aveuue. d
The car WIS at Broome street. He
was going toward the Middle Depot. q
He wns ahead oil the car and, hearing /
the bell OF tile car ring. looked back
and saw the car was moving as IL Il
had made halt. He did not see the
collision. He had turned down Rod 4
ney street toward the BraDdywipe. He I
had gone down Rodney street about
forty feet when the collision occur,
red. When the witness saw the car
he Thought measured by his pace of |
walking, the car was going Mt tile
rate OF seven miles an hour.
On cross-examination by Mr.. Bird
the witness said mis- attention vas at
traeted to tha car by tho ringing OF the
bell. lie kaew that the bells are al
ways rung when the car ia approach
at the cars because he knew many of
the motormen and looks for them SO
he could speak to them. He would
turn In this way 30 per cent. OF the
times he met a car. At that time he
knew all the IN otormen on the line.
He did not see any horses coming out
the avenue. lie heard tho noise OF the
accident when 1t occurred and looked
toward the car. He did not know
whether 1t was crash or what 1t was.
he based his estimate of the speed of
the car By his own gait OF walking. He
said to some one that 1t would not
have been the motorman's fault, bs.
cause he was running slow when the
cal. passed him.
HAD RIDDEN WITH MAXWELL.
Leonard Mayne said he know Rob-
ert Maxwell. He had ridden with him
on horse back. He was riding with
MAXWELL within three weeks OF tho ac-
cident. They were riding between
Rodney anu Broome streets on Della
ware avenue.
Mayne asked Maxwell II tho horse
was afraid OF the cat, aud he replied he
did not know.
Why did you ask him that" asked
MIR. Bradford.
because saw the colt shy to tho
side OF The tack. Maxwell then salt
N2 WV hSA Do bVb hONh AZ
tho gutter"
The witness had perfect recollec
tim OF the facts. About week prs-
vidus to the accident Maxwell and the
witness had conversation concerning
the festivities. Maxwell asked him II
he wos going to ride in the parade and
he said no. Witness then asked Max.
well II he was, md replied yes
Don't You think she is little tim
i'd 50 id he.
II don't know, she belongs TO Inc
and am going to ride her, "sald Nix
well.
He further said his mother did moi
want him to rlde the colt"
On cross examination witness
could not say who was In the buggy
with Maxwell. He was riding behind
him when he passed the car. llt
knew Maxwell hau a spur on his right
loot. Ibis was on Sunday,
Was or was not that colt broken
MIR. Bird objected to the question. a:
1t was one for an expert. lie rear
authorities on the subject to prove
that where the subject matter was
OF such character as to come within
the knowledge OF the jury, exper
Testimony was not permissible IN,
Jury IN this case was compos aI o
farmers, each one of whom has no
doubt. broken a colt. ami no man
amongst them but knows more abou
horses than the boy on the stand.
The court ru led that the witness
could give his oplidon as to whethel
thu horse WAS we broken.
= don't think the horse was BIZ Ok
en-" replied Muyne TO Mr., Bradford
question.
When do you consider hors
broken" asked Mr.. Bird.
When she behaves well on tn
attract -