Evening journal., 1894-02-01
IN THE JURY'S HANDS.
Chief Justice Lore Charged the
Maxwell Jury.
IT RETIRED EARLY THIS MORNING

terested Spectators-Full Text of the
Charge Delivered BY the Chief JUS
tice-The Jury Went to Its Room at
1919 O'Clock.
The first scene Of the last act of the
legal drama, which has been on at the
Court House for eight days past, ended
this morning when Chief Justice Lore
charged the jury in the $4,000 damage
suit Of Robert Maxwells administrator
VS.. the Wilmington City Railway Com
psny and the twelve men retired TO their
room to deliberate upon the verdict.
The court room, within and without
the bar enclosure, was crowded to its
utmost capacity with persons who were
anxious to hear the courts instructions
to the jury in this most important of
cases tried in Delaware during the last
year.
Members Of the Bar Interested.
Members of the bar manifested intense
interest in the matter. Noticeable
among the lawyers within the bar en-
closed were Levi c. Bird, Peter L.
| Cooper, Jr and Andrew L. Sanborn.
counsel for the plaintiff; Edward G..
Bradford and ex Attorney General John
| Biggs, legal representatives of the de
fendant; Judge J. Frank Ball, of the
1 Municipal Court; Willard Salisbury,
Jr., j. Frank Biggs, Thomas f. BAyard,
Jr., ex- Deputy Attorney General Thomas
Davis, James II. and Francis H Hof-
fecker. ex Mayor Austin Harrington,
James w. Ponder, ex-City Solicitor vii
liam 7. Lyman. Robert G Harmon,
Speaker OF House j. Harvey Whiteman
George Lodge, Henry c Conrad, Will
liam s Hilles, Nathaniel W. Davis. H Il.
Ward, E B f. Springer, John P. Nields,
Victor B. Woolley. William a. Byrne,
Deputy Attorney General Branch B..
Giles, Charles B Evans Colonel Samuel A.
Macallister, Christopher w. Ward, ex-
City Solicitor Henry c Turner, James R.
Field, John X. Bradford. Charles G.
Rumford, Samuel w McCaulley, Walter
H. Hayes and Clifford James.
Among the interested spectators were
President Preston Lea and General
Manager Heger, of the Wilmington City
Railway Company; Register OF viii &
Cooch. Register in Cbancery Ferguson,
Recorder Of Deeds Montgomery aud Dr.
I. K. Wolfe, Of Delaware College.
The Charge Delivered.
The jurors we're all in their place,
when, at 10 o'clock, Chief Justice Lor,
brought down his gavel with a sharI
rap which brought Court Crier Smith tC
his feet with his almost unintelligibli
Hear ye hear yer Judge Cullen sa
at the right and Judge Marvel at the lef
Of the chief justice. Near Judge Marvel sa
Judge Leonard E. Wales, Of the Unite,
States Circuit Court, who was the guss
OF honor and he manifested great inter
est in the proceedings.
AS soon as the buzz subsided Chic
Justice Lore, In a tone of voice whicl
made every word audible in all parts o
the room, addressed the jury as follows
GENTLEMEN OF THE JURY.-This j
an action on the case, brought by Johl
Maxwell, ad ninistrator of Robert S
Maxwell, deceased, against the Whining
ton City Railway Company, to recover
damages for the death of the said de.
cedent; caused, as IL is alleged, by thl
negligence Of the defendant company.
ION the 2lst Jay Of October, 1892, ol
what was known as Columbian JUBILEE
Day, between 10 o'clock, midday, and
o'clock in the afternoon, Robert S. Max
we'll, the deceased, who was a membe
of TIE order of knights of the Colder
Eagle, was riding his young mare east
erly on Delaware avenue, in this city
with two companions to Join in th
parade of that day. Between Clayto
and Rodney streets, the mare he wa
riding was struck by electric car No. Al
which, propelled by electricity, wss pass
Z ing westerly on the track of the defend
ant company, laid on the said avenue
; By the collision, the mare was knocke
down and pushed ahead of the car. Th
rider was thrown under the trucks G
5 the car, dragged some distance an
killed
: THE plaintiff claims that the acciden
. and death resulted from the negligent
of the defendant company. That at III
!. time of the accident, car No. Al, wit
defective brakes, draped in flags an
bunting was descending the grade 0
Delaware avenue, at an unreasonable an
dangerous speed with no apparent effo
=, on the part of the motorman to stop Il
/. car; Notwithstanding an apparent
y frightened and ungovernable horse WI
I In foil view uron the track before bin
2 The defendant on the other hand d,
e nies all liability and AYERS, first, that
~ was in no wise negligent. but mac
e every effort to prevent the acciden
d That its car No Al and its railway tract
y were both in good order, its motormI
vigilant and efficient. Second. that eve
A II there was negligence on the part
d the company that there was contribl
!, tory negligence on the part Of the d
r, ceased, in that he was riding a splrite
le nervous and unbroken young mare, al
II that he voluntarily crossed wi
,e her in front of an approachii
N car, from safe position to
dangerous one; from the south
the north side of Delaware avenue
q This case has excited unusual II
tsrest, and has been conducted on bo
lr sides with signal ability and mark
Oh professional courtesy. The trial has co
70 sumed nine days; but, as it is the fiji
M case in this state involving the righ
and liabilities Of electric railways on o
J.. public streets, we think the time CO
A. sumed and your patient hearing wise
rendered.
h, 'ln compliance with the prayers
counsel on both sides, all Of which ,
IS. have considered and tried TO meet in Il
D. charge, the court will now endeavor to
NJ down the law governing the case