The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1894-01-24

COUNSEL In tho Damage Suit Argue on
the Ordinance Governing the Move
ment of Cars.
The cout room was again crowded
when the Maxwell damage suit re-
sumed this morning.
john MAXWELL was recalled TO the
stand. His testimony was principally
upon the physical condition OF his son
before he met his death. His son had
ridden the horse many times and with
different kinds of bits.
On cross examination he would not
say the bit offered In evidence was the
one, he, the witness. put In the horses
month during the morning.
Frank Ii. Slower testified to boing In
the employ of the Railway Company
Tor six months as q motorman. He
had run cars over all the lines and
from his experience had stopped car
before 1t had gone two lengths.
In case of an emergency, where life
was endangered, In hls Judgment q
car could DO stopped In about twelve
yards. This could be done II the
power was reversed. The testimony
I as Mr.. Bird snid had taken him by
surprise, the witness only few days
/ ago having stated before him that the
car could have been stopped within
twelve or fifteen feet. MIR. Bird asked
tho witness II he had not snid so.
and he replied that he did not think
SO.
James G.. Mearns was employed as
motorman by the company for year,
and had operated cars on Delaware
avenue. Mr.. Bradford objected 10
the question concerning the scheduled
time from depot to depot at ths time
he was engaged, taking the ground
that II did not govern tho speed OF the
car four months after he lott their
employ, and the day the accident oe-
Cured.
At the pull of the bell he could stop
| car before % feet while insthe case
OF an emergency, the car going at the
rate OF six miles an hour, he could
stop the oar before it could move l2
feet. Before cross-examlnation Mr..
Bird recalled MIR Slower. He had run
car on the Della ware avenue line that
day and found the rails between
Broome and Clayton streets were
clean. The scheduled time on the trip
was sixteen minutes.
Mr.. Mearns was called.
The track being good on October
2lst going down grade. In an emer-
Rency,could you stop the car as quick
as you could on leyel%' asked Mr..
Bird.
mo. sir. With all appliance put on
there would be n difference OF about
ten feet" MIR. Mearns then left tho
stand.
Horny Schuler was recalled. He
said the distance between depot aud
depot by measurement 10 9S94 feet, or
about II miles. The distance began
from the southeast corner Front and
French streets TO Delaware avenue
and DUPONT.
Mr.. StoYer recalled. "The sched-
uled time included all stops"
Thomas lletherton examined the bit
| offered In evidence. 1t belonged to
Samuel Bancroft by whom the wit
ness Is employed and from whom
Maxwell borrowed 1t the day lie was
killed. The bit was a common one and
had been used by Mr.. Bancrofts chill
dren.
Dir. Harry c. Moore was sworn. lie
resided about a square and half from
Maxwell and was acquainted with hin
for eight years. during which time he
had seen him riding In the presence of
cars without any excitement on the
part of the animal. H9 thought the
horse was from three to five years old,
but always gentle,
John MCKenirlck was acquainted
with Maxwell and knew the horse to
be quiet one In tho presence OF cars.
Alexander Walker had driven tho
horse many times to milk wagon,
and by electric cars, but he never
shied.
William L. Johnson was acquainted
with Maxwell about nine years. lie
saw Maxwell riding the horse twenty
live times and passed AN electric car
on one occasion. The car was in mo.
Z Il lt..t.! a. I
N o. railroad, and as 1t ran under
lightning flashed from the trolley.
When the flushing began, the horse
pranced. he turned the animal around
and the latter passel two more cars.
While juror retired, MIR Bird Of
fered the ordinances OF tho city of
| Wilmington in evidence. Mr.. Brad.
| ford objected and Mr.. Bird presented
his II POUNDS. which was that they
contained laws governing tire movu.
ment OF cars through the city. Mr..
! Bradford contended lrrelevancy and
counsel tor plaintiff argued tho point
| half an hour "Tf the city saw III to
/ bind railroad company carrying
| hundreds of people through this city,
at tho rate of six mius an hour, is 1t
I not reasonable for the speed to apply
/ to II railway which has no protection
! for citizens
What would be moderate speed?
Tie statute does not state. but II is a
question of testimony. That is one
of the reasons | offer these evidences.
Mi. Bradford thought no inference
could be drawn and therefore be un-
just to the defendant company.
why bring In an ordinance applied
to the movement OF railroad trains
aud apply II to electric cars2f
The railroad must not run its cars
faster than six miles an hour. but such
u law governing the movement of
street oars would break up tho com
pany, That ordinance do ss not regu-
late tile speed OF the electric cars. The
court agreed with Lin and the ordi.
nance was not ad'ntLte |, Mr.. Bird no..
Ing an exception.
Mr.. Johnson was recalled for tho
cross. examination. Maxwell passed
tie moving car under the bridge.
Albert Jacquet, a harnes5-maker do.
lag business on West Ninth street. was
called, and pronounced the bit an or
binary one. lie hal sold many of
them to ladies and never know one OF
them to cause a horse to become trou-
blesOme
William A, Weer knew Maxwell all
his life and had ridden With him in the
presence of electric cnrs The animal
never SHE'D. Mr.. Bradford asked tho
witnoss If he had ever seen car going
down the hill ut the rata OF 80 miles
an hour and lie replied that he had.
The horse was raised within a square
and half OF the railway.
Miss Leola Wright had ridden with
Mr.. Maxwell In the presence OF the
cars, but tho horse mover slliod on one
occasion. They drove under the
bridge while locomotive was steam.
Ing OIL tho railroad above She al
ways drove tho animal when th9y
were out riding
Miss Daisy Porter was acquainted
with MIR. Maxwell and lad been out
driving with him behind the horse In
/ question. Cars never frightened Il on
those occas ons.
William Haley. Samuel Mccormick,
Miss Sarah Wrighs. Thomas Long and
John Menrns testified TO being &C.
quainted with Maxwell and knowing
the horse.
Mrs. Mary Lynch resilesa few doors
from the Maxwell home. She had
seon Maxwell and "A child on the horsr's