Evening journal., 1894-01-23
MAXWELL DAMAGE CASE
Suit for Ten Thousand Pro-
crossing in the Superior Court.
RETTA BURNIeHT ON THE STAND
She Saw Maxwell Struck and the Blood
spurted to Near Her Feet Maxwell's
Two Companions Describe the CIrcum-
stances Leading Up TO the Casualty.

stances Leading Up to the Casualty.
The civil suit of Robert Maxwells ad-
ministrator VS.. the Wilmington City
Railway Company still engrosses the
attention Of the Superior Court and the
indications are that it will not be ended
this week. There is multiplicity Of
witnesses and an abundance of testimony
on both sides which promises to extend
the case far beyond the usual limits.
Court Stenographer Hardesty has Sc
cured several assistant stenographers
and type writers 10 enable him to keep
the testimony written up and they are
compelled TO work far into the night TO
accomplish it.
This suit for $40. 600 involves principles
and interests which make it one of the
most important that has ever been tried
for several years and will 60 a great way
towards fixing the liability Of the trolley
line for accidents from which personal
injury ensues.
The Distinguishing Features.
The marked features of the session Of
yesterday afternoon were the appearance
of Retta Burnight upon the stand the
manner In which Maxwells companions
denied having made certain statements
before the coroner's jury, and the lively
tilts for points between Levi @. Bird and
Edward q. Bradford, counsel for the
plaintiff and defendant, respectively.
At the opening Draughtsman Harry
Shuler contin ed and concluded his ex-
emplifcations of the ylot he had drawn
OF the courses, distances and grades of
the section Of the city In which young
Maxwell met his death.
The Jurors Were Warned.
Chief Justice Lore, before any more
witnesses were called, warned the jurors
not to talk TO anyone outside about the
case at issue, nor TO allow anyone to talk
to them. They must render their YER
dict wholly from the testimony given
from the witness box He instructed the
jurors to report the name of any person
approaching or attempting to approach 9
juror and the court would see that the
offense was punished.
The defense admitted the letters oi
administration and volume 12, Laws oil
Delaware, containing the charter Of the
defendant street railway company.
One OF Maxweil's Companions.
Taylor Ripple. one of Maxwell's com
paniOns, was sworn. He was a bright
young fellow and told a straight story
He said he first cav Maxwell at Ode
Fellows Hall at IL 30 o'clock on Colum
bus day He next saw him on horse
back at Delaware avenue and LincolT
street, and joined him aud Vansani
there The three rode in Dalawarl
avenue. When they reached ClaytoI
street, Maxwell was between the tw
tracks and the other two on his right
When Maxwell got beyond ClaytOi
street and saw the car coming over th
hill, he pulled his horse over betweel
/ the west bound track and the curb-line
/ His horse had not misbehaved previou
to that time. even when passing electri
cars at the overhead bridge at Delawar
avenue station. The horse was east o
Clayton street, when IL becam
frightened. The car had Just passe,
Rodney street, and was moving verl
rapidly. He had seen cars go as fast
but had never seen them 60 faster. II
could not give an estimate as to th
speed.
Put on the Brakes Too Late.
The car was trimmed with bunting
along the sides, In loops, and flags Of
top. Vansants horse was also frightened
Maxwell's horse reared and plungei
three or four times before it got on tn
tracks Of the company. II was betweel
the tracks and the northside curb,
kept il up and Maxwell was trying /
control it. When the car got withli
twenty or thirty feet Of the horse II 60
between the rails. The car had no
slackened up any. The motorman ap
piled the brakes when he saw he wa
going to hit the horse, but II was too late
The horse was hit and Maxwell fell b
tween the horse aud the car. They wer
dragged down to the fire plug. Witness
did not get of his horse until he wen
for the doctor.
1t Was Fatal to Maxwell.
Maxwell was killed almost instantly
He was not heard to speak after he fell
The horse ran back Of the railway con
pany's office.
UnluoIsy Car No. Al.
It was car mo Al that ran Maxwe
down. Il looked as though it had tw
pairs Of wings, the bunting standin
straightsout. There was little wind an
| lut EltcQ % AnD NaA maui NAN hNAAA ~
} fly. Detectivs Vandegrift asked tn
. witness to 60 before the coroner
jury and testify.
Members Of the Same Castle.
Under cross-examination he testife
that he and Maxwell were members {
the same castle of Knights Of tn
Golden, Eagle. he said the car dragge
Maxwell and the horse ninety-hve fee
and seven inches.
Right on the Highway.
Mr.. Bradford asked Ripple tif thei
a was any reason why Maxwell could NJ
. have turned out on Clayton street
8 gone TO the south side of the avenue
Mr.. Bird objected, saying: "Maxwe
I had "a much right on that highway
= the car had. How did he know that b
r. horse would become frighienedG Il hi
got III feet lfrom Clayton street befo
il showed fright II be didn't know b
horse would become frightened no
2 could he presume itg'
The objection was overruled and u
D examination proceeded.
I, witness Did Not Warn MAXWELL
Witness denied having warned Ma
= | rual1 that ruoruinor uot "a ride the hOr