The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1894-01-23
FOURTH EDITION


ht Fftohs VI tNt ANahS pthtHi
Retoid.
After the opening ofthe SuperiorCourtI
yesterday afternoon. Chief Justicei
Lorr addressed the jury on the import.
ance OF the case before them. lie said
the case was to be decided on the ties.
timony presented In the court room.
and not by any talk that should take
plnce outside. He adIlonlshed the
Jurors not to converse with any one
concerning the matter other than
themselves.
The unusual address OF the court
was demanded by the large amount OF
damages claimed and also by the free
dom which the jurors are given In a.
case o. such Importance. Mr. and
Mrs. Maxwell and their son and daugh-
Ter sat inside the iail. There was also
anumber OF young women In the au-
eience.
Mr.. Bradford questioned Mr.. Schu-
Ter concerning the chart, and after Mir
Bird questioned him again the wit.
ness left the stand. Mr. Bird admit
ted as evidence tho letters of admin
istration and the volume of the laweI
OF Delaware, concerning the oharterl
OF the Wilmington City Railway Com
pany. The defense made no objec-
ton.
HEARING THE TESTIMONY.
Taylor Nipple was the first witness
called. He met Robert Maxwell about
l2 o'clock at the ODD Fellows Hall on
the day he met his death. The mem.
bvrs OF the lodge were preparing to-
take part In the Columbian Day
parade. Mr.. Maxwell was riding a
horse, and at Delaware avenue and
Union streets they met John l.. Van
SAINT. At Clayton street tho three men
were riding abreast, Maxwell riding
between the tracks.
The men saw the car approaching.
and Maxwell drew his horse toward
the incoming track. By this time the
car had reached Rodney street The
animal had not shled before. He rode
undor the Baltimore and Ohio bridge,
and had passed several cars. The car
was moving rapidly. Mr.. Bird asked
tho witness II no had ever seen u car
moving as rapidly as that one, and he
replied that he had, but mover saw one
going faster. Bunting was flying
from tho car and it frightened MIR.
Nansanta horse Ut the time IL did Mr..
Mexwelrs. Whom the horse began to
plunge Me-. Maxwell did everything
possible to quiet him, but when the
oar was within 20 feet OF him the ami.
NAL got between the tracks.
The motorman had not slacKened
the speed oil the car since no left Rod
Aioy otiCOb hhbil lie liltl
enimal. Then it was too late, and
when they collided the momentum OF
the car was so great as to carry the
horse and rider In front OF the fire.
plug. Maxwell was dead when they
lacked the car of his body. The ami
NAL became loose from the car after IL
stopped. The car was numbered IL.
The witness In answer to a question
from Mr.. Bird, said he had no interest
In the Oaae whateyer
Air. Bradford then cross.examined
Nipple.
He reiterated the statement Of the
horse being dragged IS feet before the
Gar was stopped, and then getting up
anu running several squares. The
horse was behaving we'll previous to
the sight Of the car Mr.. Bradford's !
question as to whether Mr.. Maxwell
could not have kept his horse of tho
tack before 1t became frightened |
brought Mr.. Bird to his feet with an
o ltlon contendlng that Maxwell did
not know his horse was going to be |
friK htsned but II lie did Mr. Bradford q
question would stand. The witness
said thele was nothing to prevent MIR, |
Maxwell from turning out Clayton St !
ne denied having cautioned MIR. Max
well not TO ride the horse down Della.
ware Avenue and also denied having
submitted testimony to that effect al
tho Coroner's Jury.
Ho further denied having told Max j
vol to turn his horse in Clayton
street when tho car approached He
did not say before the Coluners iuryi
tint no one on Garth could have
done more toward stopping the earl
than did motormun Joseph Allison, VI
Ho did not say that the motOrman
was ltol ut fault, as he stopped the
car as o rs ny man could have
done and that the car was stopped bU !
Zoe II tIAu gUnU twenty feet
lie acknowledged having said that
Allison did apply both brakes and en-.
deavored to stop the car. M. Brad
forl was paving the way for i contra
diclion, which he altprward did on 10.
direct croas examination.
Mr.. Bird asked the witness what his.
object was III te5ttfylng before the
COrouers jury, and he replied to czou-I
crate tie motorinhu Harvey Yaide-,
grltt hud requested him to testify Ia,
the motormaa's defense, He then left
tho stand.
MISS BrRSi1E TEsrlFrEs.
Miss Retta Bufnite was called by.
Bit. BgGs. Sho vas coming In He!a-
wnre avenue at he time Robert Max.
vel moi MS death Ste was acqualnt.
ed with Maxwell. The horse witch he
was riding praneed as she was stand
inR on lie pavement. She spoke to
hr. MAXWELL. At that time the car
vas at Rodney street and WINS iuoN wing
rapidly When tho Car was within 30
feet OF the horse and rider the speed
81 the car was slachuned. She noticed
the bauting on the car.
When the cal struck the horse and
fider. the blood spurted at her foet,
Enc hen passed hack OF the car and
up Clayton strRet She was so fright. I
ehed that she dii not walt and see
now badly MI hHT we'll was injured,
SHE ala not sAe tia bunting floating
IN thn a't = les lied by tho preceding
witness. Miss Barnite then left the
stand
John T.. Eansant was called. On
columbian day about /? 30 o'clock. he
met Robt. Maxwell on Delaware Ava.
nue. above Scott street. Mr. Nipple
was riding with him, When thoy
pascal under tha b & o. bridge he,
mo witness, was leading. The hor 30
oehaNed well previous to reaching
Clayton street, after passing seyeral
ears, When the moving car apprOarh.
ell, Mr. Maxwell drove his horse tn
tue north SIDE OF the track, where II
CONTINUED TO France AtthRt time the
gar was about $50 roet from the horse,
The horse continued TO nranCa mn
Inc speed OF the car did not slacken. !
He had driven on the avenue many +,
f'nes, but navef saw \ car moving
moto rapidly lheIe was bunting on
the Carat he slgGt ri which the hots
ne WAS riding also became frightened
but prnnhed to the opposite side Of he
rack. After the car struck MAXWELL
ne, the Witness nlghted from his
hol 40 and went baCk to SEQ how badly.
MS friend WAS Injured H. was II few
moments. however, before he could
ltiet his own horse aud thus alighted 7
lAe witness thought the horse was
STUCK Directly la rroat oil the haase,
wAiah vas within ten feet OF the place
whore he hegaa TO prance As the
car approached It's speed did not
flaokeh, end when 1t was within about.
~ leo: tho horse stepped upon the
track. The car struck the horse and
rider, knocking them down, hut not
before 4 had been pushed a short dis.
lance. The day was pleasant one.
and there was but littlo wind the nut.
taxing OF the bunting being caused by
tho momentum o the car
He thought at the time the car was
IluhinR too fast Tor public safety. Mr.
BsadfOtd Interrupted Mr. Bird when
ne aSiiai the witness concerning
the ra1rinI OF the cars down,
the aiil at the present time. He said
that previous 10 that timO the cars
kaI a a. L..