Evening journal., 1894-01-26
FRAMING THE DEFENSE
Continued FROM First Page.


Walker owned her. She did not throw
Maxwell
Mr. Brd--"Did you ever see horse
prance under that brdge2'
II think not.
What never saw horse prance
thereg
"Nes. think 7 saw one.
WAS 10 alive2'
"Yes; you wouldn't expect a dead
horse TO prance Uaughtef)
Measui ements showed that the dis
tance from the end Of the car standing
In front Of the b q o station to Vansant
and Nipple was 20 feet.
Witness saidi that he pranced upon
Garrett Smiths pavement on the oue
next to It. He watched the movements
Of the horse, expecting to see Maxwell
thrown of. He quieted down as he
passed Clayton street.
It Was Tossing and Rearing.
Mrs Hannah Speakman, of No. 1901
West Fourteenth street was the next
witness called She remembered Colum-
bus Day aud saw Maxwells horse at
Miless cigar store. It was tossing aud
rearing. and IL was as much as the man
could do TO hold on. She saw IL from
her back porch until it passed back of
the bank. She expected to see Maxwell
have his neck broken before he reached
the railway company's Offices
Under cross-examinaton she said the
open square from her home to Delaware.
avenue was wide one. She Is not
horsewomau and Is afraid Of horses.
Maxwell, Nansant and Nipple we're un-
known TO her. She was not positive that
the horse she saw cutting up was Max.
wells. She thought 10 was because of
the accident shortly afterwards She
saw the men running up the avenue and
heard there was an accident.
Mr.. Bradford wanted to prove the
opinion of the witness as to the probable
result fro N the conduct Of the horse.
Mr.. Bird objected and the court ruled
IL out saying that the jury should draw
the inference. Mr. Bradford asked the
court to note an exception
Motorman John w. Wright saw the
horseman coming la under the overhead
bridge. They were abreast and one of the
horses took fright at the car and ran over
TO the Logan House. After the rider had
gained control of the animal he reioined
bis companions at TIE corner.
MIR. Bird Makes it PLEASANT
They got abreast again and his horse
began TO friRhten again He only saw
them as far as Clayton street. bis atten-
tion being distracted from them In
about a minute he learned that man
had been struck and ran up TO the car He
did not see the horse but saw MaNwell's
body under the car It was the same
mau who rode the frisky horse.
Mr. Bird-"Hsve you and Harrington
compared notes2
mo, sir"
"lf you should strike the names
out, You could not tell which was yours
and which was his Would those sparks
from the trolley under the bridge
ffighten n horse2'
Possibly It might9"
"Do you think it would quiet him OF
calm himG' (Laughter.)
No"
Mr. Bird-"Now, Mr.. Harrington-I
beg your pardon, l mean Mr.. Wright
your testimony and Hariington's are so
much alike that get you confused-a
kind Of DR. Jekyll and Mr.. Hyde-where
were you bred, In Chester county 2"
''No, sir; near FeltOn, ia Kent
county"
That's good stock down there
During the examination Mr. Bradford
broke in, claiming that Mr. Bird was not
fair to the witness
Mr.. Bird-"That's right. Whenever
your witness pinches you. you squeal
(Laughter)
III the horse showed no fright until
the car, with bunting on It, was fifteen
feet of, would you have been afraid to
have ridden himf"
~ have driven horses which became
frightened all of a sudden"
Charles + Pyle testified that be aaw
Maxwell riding the colt few minutes
before he met his death. The unfortu-
nate man was in front Of the Logan
House. The colt was misbehaving woen
passing the car. II SHE'D violently to the
north side Of the avenue, almost going
upon the pavement The other two horses
went along very nicely.
Erley Davis, sworo, said: 81
lived at 1903 West Fourteenth street.
saw one of the horses prancing but did
nat know who was riding 10 Messrs
Sanborn aud Cooper called on me aud
they acted badly. / die not say l woulc
not testify against the rail way company
because ! got contracts from them
Patrick Flaherty saw Maxwell's horse
misbehavmg on Scott street, and also n
passing the office of the railway company
The car struck the horse in the run,
when she leaped on tine track The ca
was only three or four feet away.
Court took recess until > 80 o'clock
/
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