Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1894-01-25


in Wilmington on Columbus Day, |
1893, and passed along Delaware |
avenue at the time of the accident He |
first saw two horsemen riding in the |
avenue, then he heard the crash, and |
the attention of the witness was next
attracted by the electric car pushing the
horse in front of it down the street.
The car came to stand-still at Clayton
street.
The witness was cross.examined by
Mr.. Biggs.
George w. Pierce testified that he was
an eye witness to the accident and saw
the horse wedged in under the car. He
also saw Maxwell's body, taken out
from under the car. The witness said
he had conversation with Captain
Smith, who was then superintendent of
the railway company, during which
Captain Smith stated that the accident
was unavoidable because the brakes
would not work.
Robert Lindsay was standing at the
corner of Delaware avenue and du Pont
streets at the time of the accident. The
witness saw the car push the horse
down to point near Clayton street on
Delaware avenue.
When Mr.. Bradford took the witness
in hand he asked him why he did not
come to his office when he sent for him.
Mr.. Cooper, who had examined Lind
say, in his examination in chief, objected
to the question, and told him that it was
he (Mr. Cooper who had told the wit
ness not to go near Mr.. Bradford.
"Well, all I've got to say is it is a
most unprofessional piece of work for
counsel to do" said Mr.. Bradford, some
what sharply.
Mr.. Cooper. made no reply.
Mr.. Bird was upon his feet in an in
stant, however. He said that it was
necessary to caution the witnesses, as
detectives were bounding them and TAX
| ing liquor to them.
us the court going to permit this
stump speech in the court room ?" asked
Mr. Bradford.
swell, stump speech or no stump
speech, its the TRUTH" was Mr.. Birds
reply.
The spectators apparently enjoyed
the tilt between the learned counsel, and
attempted to make a demonstration
which was promptly checked by the
court.
Charles Z. Lester testified that when
the horsemen passed under the bridge at
Delaware avenue station, they were
passing along quietly and were not
jumping and pranoing.
Harry G. Stern was another passenger
on the fateful car. He said it was run
ming at rapid rate of speed at the time
of the accident.
Miss Cora Miller, who was on the car,
testified that the car was running "real
FAST at the time of the accident The
witness was badly frightened at the time.
When she got out of the car she iinme-
diately Withdrew from the scene. The
glass of the car was broken by the con-
cussion.
n Miss Mary E. Mayne, the next wit.
ness, was also IA passenger on the cal
which caused the accident. Like the
former witness she said the car was
going "real fast"
The witness was cross-examined.
John w. Scott is a machinist en-.
ployed by the Pusey & Jones Company
He saw the body of Maxwell taken
from under the car.
Sergeant George Black was called tc
the stand and said that he saw blood on
the street after the accident.
Mr.. Nipple was recalled and said thai
he saw the street car strike the horse
which Maxwell was riding. The horse
did not throw him under the car.
Harry Il. Chapman testified that the
street car stopped opposite the fire plug
after the accident occurred.
William G. Walker, another witness
said that he saw the body taken ou
from under the wheels of the car which
: stopped opposite the fire plug.
John Wylie lives at No. 1918 Della
ware avenue, in one Of the two house:
nearest to Clayton street, which hav,
figured so conspicuously in the trial
The witness saw the body of Maxwell
and helped take it from under the car
Neil Dougherty was called and saiC
!. that he was driver for John T
s Donahoe, in 1899. Mr.. Cooper aske,
the witness whether or not his wagol
:. was not run into by the same car, Nc
i Al, in that year.
ALessrs. Biggs and Bradford wer
!. quickly upon their feet and objected t
i the testimony on this point going in evi
dence. Mr. Bradford said to admit til
4 evidence would be to try two cases
Q Evidence which amounts to multi
plicity of different events is not admissi
i BILE.
Mr.. Bird thought the evidence ad
n missible. He drew the comparison bt
1t tween the street car and freight cal
6 assuming that brakeman had been in
iured by defective step and that tn
3. car had been allowed to continue on il
n Journey without the defect bein
l. remedied. He cited the case of Kane VI
is the Northern Central Railroad Con
h pany, tried in the circuit court of Penr
e sylyania and carried to the Suprem
n Court of the United States.
10 The court sustained the objection.
le George Hanhy was called and CAV
L. further evidence as to the location {
;e the accident.
n William Powell was called to testif
rs as to the speed of cars.
N A Anumber of witnesses testified ths
j. the horse was quiet and gentle anima
N John Maxwell, father of the deceased
le said the horse was owned by his SC
lg and had to be killed after the acciden
G. Joseph Maxwell, brother, said Il
lie horse was not fractious. This close
it the testimony for the day and court az
ht iourned ati515 O'clock until 10 o'cloC
N Wednesday morning.
The courtroom was crowded, ,
ie usual, when the Maxwell damage su
le was called in court, yesterday NOR
to ing. There is much interest manifesto
e. in this case, in view Of the big amoul
in of damages asked-$10,0 0,000.-and Il
suit promises TO be one OF the most il
IS portant tried in the Delaware courts
rs recent years.
as The able counsel for the plaintiff a
tn | making n strong fight in behalf of Ma